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Dark and Darker – End User Licence Agreement

1. INTRODUCTION
1.1 Please read these terms of use (the “Game Terms”) carefully. By pressing the accept button, you agree to these Game Terms which will bind you. If you do not accept the Game Terms, please click reject and do not install or use the game.
1.2 We are Ironmace Co. Ltd. (a company registered in the Republic of Korea under company number 718-87-02610 with its registered office at 8F, 225-18, Pangyoyeok-ro Bundang-gu, Seongnam-si, Gyeonggi-do, Republic of Korea) (referred to in these Game Terms as “we”, “us” or “our”).
1.3 Under these Game Terms we license you as permitted in these Game Terms to access and play:
(a) the game ‘Dark and Darker’ and any free updates or supplements we add to it (the “Base Game”); and
(b) any Additional Content you have purchased (see Section 10 for more details),
which are together “Dark and Darker”.

2. OTHER IMPORTANT TERMS
2.1 Our Privacy Policy sets out certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. It is important that you read this information as well as these Game Terms. By accepting these Game Terms you are confirming to us that you have read and understood the Privacy Policy.
2.2 We also have other important terms which you agree to comply with when you access or play Dark and Darker. These include:
(a) our Code of Conduct which sets out additional rules and information in relation to player behaviours and prohibited activities in Dark and Darker;
(b) the additional rules and information in relation to interactions between players of Dark and Darker while in-game which are shown to you when you use this function in-game.
2.3 If you live in Japan, Addendum A to these Game Terms will also apply to you. If you live in the United States, Addendum B to these Game Terms will also apply to you. They will not apply to you if you do not live in Japan or the United States. Where either Addendum A or Addendum B apply to you, its terms will take priority if there is any conflict with the rest of these Game Terms.
2.4 By accepting these Game Terms you are confirming to us that you have read and understood the Code of Conduct and you agree to comply with its terms whenever you access or play Dark and Darker.

3. UPDATES
3.1 We may need to update these Game Terms to reflect changes in law or best practice or to address updates to our features or functionality. Any changes made to these Game Terms will be applicable from the date they are published.
3.2 We will notify you of any changes that are going to be made to these Game Terms in-game when you next access or play Dark and Darker online. If you do not accept the notified changes to the Game Terms you may no longer be able to access or play Dark and Darker.

4. CONTACT INFORMATION
4.1 If you want to learn more about Dark and Darker or have any queries about it please take a look at the information available on our website www.darkanddarker.com or get in touch.
4.2 If you would like to contact us for any reason in connection with Dark and Darker, including if you have a problem or you think Dark and Darker is faulty, please submit a ticket at https://darkanddarker.com/support/contact (or email us at support@ironmace.com if you are unable to submit a ticket).
4.3 If we have to contact you we will do so by using the contact details you have provided to us (if any), or by in-Game notification.

5. OPERATING REQUIREMENTS
5.1 The minimum operating requirements for the Base Game are set out on the description page for the Base Game at www.darkanddarker.com. You will need to run Dark and Darker on hardware which meets these minimum operating requirements in order to play Dark and Darker.
5.2 Dark and Darker requires an Internet connection in order to be played. It’s your responsibility to ensure you have sufficient Internet speeds to play Dark and Darker.
5.3 Dark and Darker includes our anti-cheating software, ‘Ironshield’, which must be running in order for the game to be played. Information about Ironshield is set out in our Code of Conduct. The game cannot be played without Ironshield, which helps us ensure the game is safe and fair for our players.

6. AGE LIMITS
6.1 Dark and Darker is intended to be played by users who are at least 18 years old. If you are under 18 years old, please do not play Dark and Darker. By accessing or playing Dark and Darker, you are confirming to us that you are at least 18 years old. Your access may be terminated if we have any reason to believe that you are younger than 18 years old and you will not be able to play Dark and Darker.

7. ACCESSING THE GAME
7.1 You will need to log in to the player account you created with us on our website www.darkanddarker.com using your email address (your “Account”) in order to play Dark and Darker.
7.2 You may also be required to download and install the relevant launcher application from the store in which you purchased Dark and Darker in order to play it. If you bought Dark and Darker from www.darkanddarker.com, you will need to use our launcher application ‘Blacksmith’ in order to play the game.
7.3 You agree to take all steps necessary to protect your Account log in details and keep them secret. You shall not give your log in details to anyone else or allow anyone else to use your log in details or Account. If you fail to keep your Account log in details secret, or if you share your Account log in details or Account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorised purchases) and agree you will be responsible for any losses or harm that may result from this.
7.4 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your Account or using your copy of Dark and Darker. We won’t be responsible for any losses or harm resulting from this kind of unauthorised access or use, whether fraudulently or otherwise.
7.5 If you delete your Account, or if we delete your Account in accordance with these Game Terms, you may lose access to any data previously associated with your Account or use of Dark and Darker including your progress through Dark and Darker and/or the level or score you have reached in Dark and Darker and any items you have purchased as Additional Content.

8. ACCESS TO AND USE OF DARK AND DARKER
8.1 In return for your agreeing to comply with these Game Terms, you may:
(a) download a copy of Dark and Darker onto your personal device and use Dark and Darker on such device for your personal use for non-commercial purposes only;
(b) use any documentation we provide you to support your permitted use of Dark and Darker;
(c) provided you comply these Game Terms, make a copy of Dark and Darker for back up purposes only; and
(d) receive and use any free supplementary software code or update of Dark and Darker incorporating "patches" and corrections of errors as we may provide to you.
8.2 We are giving you personally the right to use Dark and Darker and you may not transfer your Account to any other person without our permission. If you sell any device on which any part of Dark and Darker is installed, you must remove Dark and Darker from it.
8.3 You should only download Dark and Darker onto a device owned or controlled by you. You will be responsible for complying with these Game Terms, whether or not you own the device.
8.4 We license the use of Dark and Darker to you only and we do not sell it you. We remain the owners of Dark and Darker at all times.
8.5 You agree to comply with the instructions that we may give you regarding your use of Dark and Darker.
8.6 You acknowledge and agree that we may from time to time use your username for and in association with certain in-game events, content and rewards. For example, this could include displaying, publicising and incorporating your username in graphics and certain game features. You should contact us if you do not want us to do this.
8.7 You agree that you will not:
(a) rent, lease, sub-license, loan, provide, or otherwise make available, Dark and Darker in any form, in whole or in part to any person without prior written consent from us;
(b) copy Dark and Darker, except as part of the normal use of Dark and Darker or where it is necessary for the purpose of back-up or operational security;
(c) without our prior written consent use or exploit Dark and Darker or any content or part thereof for any commercial or business purpose;
(d) translate, merge, adapt, vary, alter or modify, the whole or any part of Dark and Darker or permit Dark and Darker or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use Dark and Darker on devices as permitted in these Game Terms;
(e) provide, or otherwise make available, Dark and Darker in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without our prior written consent; or
(f) decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works from Dark and Darker or any updates or any part thereof, or attempt to do any such things, except to the extent that, by virtue of the application of sections 50B and 296A of the Copyright, Designs and Patents Act 1988 as enacted in the United Kingdom, such actions cannot be prohibited because they are necessary to decompile Dark and Darker to obtain the information necessary to create an independent program that can be operated with Dark and Darker or with another program.

9. YOUR BREACH OF THESE TERMS
9.1 If in our opinion you seriously or repeatedly breach any provision of these Game Terms (including the Code of Conduct), we may suspend or permanently terminate your access to Dark and Darker and/or to your Account.
9.2 We may suspend you immediately after you breach the Game Terms if what you have done presents a risk to us, to you, to the game or to any third party. If what you have done can be put right, we will warn you and we will give you a reasonable opportunity to do so before we permanently terminate your access.
9.3 Please note we take cheating and online safety very seriously and will consider any breaches of the Code of Conduct and Section 11 of these Game Terms as serious breaches of the Game Terms for which we have the right to terminate your Account and your access to Dark and Darker.
9.4 If you breach a provision of the Game Terms we may also:
(a) modify your Account or parts of your Account to address the non-compliance; and/or
(b) reset or modify any progression or benefits and privileges associated with your Account, such as any level or score you have reached in Dark and Darker.
9.5 If we terminate your access in accordance with this Section 9, your authorisation to access and play Dark and Darker will stop and you must delete or remove Dark and Darker from all devices in your possession. You will not be able to use any Additional Content you have purchased (see Section 10 below) and you will not be entitled to a refund of the purchase price of either the Base Game or Additional Content.

10. ADDITIONAL CONTENT
10.1 The Base Game may allow you to make in-game purchases that allow you to buy additional content such as in-game currency and items (“Additional Content”). It will still be possible to play the Base Game without purchasing Additional Content. You are responsible for managing your Additional Content and the amount you spend on Additional Content.
10.2 Additional Content is purchased through the Ironmace Store and is subject to the terms of sale as shown to you before you make a purchase. All billing and transaction processes are governed by such terms. If you have any payment related issues with any Additional Content, you should contact us.
10.3 We have the right to determine the content which may be purchased as Additional Content, the duration of its availability and how much to charge for the Additional Content.
10.4 Additional Content can only be used as part of Dark and Darker. Additional Content cannot be redeemed for money or other consideration or otherwise transferred to anyone else.
10.5 If any Additional Content is not accessible or does not work once it has been successfully purchased, please contact us to notify us of the issue and we will investigate the reason for the fault. We may provide you with replacement Additional Content or issue you with a patch to repair the fault. In the unlikely event that we are unable to replace or repair the relevant Additional Content or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will refund you an amount up to the cost of the relevant Additional Content.
10.6 If you are suspended or terminated from accessing your Account or Dark and Darker because of your breach of the Game Terms in accordance with Section 9.1, or you delete your Account with us, you will not receive a refund on any Additional Content which you can no longer use.

11. ACCEPTABLE USE AND CODE OF CONDUCT
11.1 You agree not to use Dark and Darker to do anything which:
(a) breaches our Code of Conduct;
(b) infringes any third party’s rights, including any copyright, trade mark or other intellectual property rights, or any privacy rights;
(c) is unlawful or inconsistent with these Game Terms, or is fraudulent or malicious, for example, hacking into or inserting malicious code, such as viruses, or harmful data, into Dark and Darker or any operating system;
(d) could damage, disable, overburden, impair or compromise our systems or security or interfere with other users’ use or enjoyment of Dark and Darker; or
(e) involves using software or automated agents or scripts to produce multiple accounts on Dark and Darker, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) Dark and Darker (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from Dark and Darker for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials).
11.2 Gambling is not permitted on Dark and Darker in any way. You must not use Dark and Darker for gambling activities of any kind, as set out in our Code of Conduct. If you fail to comply with this, we will consider it a serious breach of these Game Terms and you may lose access to Dark and Darker on a temporary or permanent basis.
11.3 We may investigate and/or take appropriate action against you in our sole discretion if we believe you have not complied with any provision of these Game Terms, including the Code of Conduct. This may include suspending or terminating your Account in accordance with Section 9.1, and/or reporting you to appropriate law enforcement authorities.

12. IN-GAME COMMUNICATION
12.1 Dark and Darker may allow you to access in-game chat functionality where you can contact other players of Dark and Darker. You must comply with the rules shown to you in the in-game chat and these Game Terms, especially Section 11, when using this functionality.
12.2 We may also require you to enter into separate terms applicable to your use of in-game chat functionality from time to time, including terms with third party providers. If you do not accept these terms you may not be able to use the in-game chat functionality. This will not affect your ability to play the game.
12.3 Please note that if you fail to comply with the chat rules, any third party terms of use for in-game chat functionality or Section 11 of these Game Terms at any time, your Account may be suspended or permanently removed.

13. UPDATES, BUGS AND MAINTENANCE
13.1 From time to time we may automatically update Dark and Darker to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update Dark and Darker for these reasons.
13.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using Dark and Darker.
13.3 Please report any problems you encounter with Dark and Darker to us by submitting a ticket at https://darkanddarker.com/support/contact (or email us at support@ironmace.com if you are unable to submit a ticket).
13.4 You agree not to exploit or otherwise attempt to benefit from any error or bug in Dark and Darker. In the event that there is an error or bug in Dark and Darker resulting in unintended in-game consequences, you acknowledge that we may need to roll back or otherwise adjust in-game data to ensure Dark and Darker remains fair for all players.
13.5 We do not guarantee that Dark and Darker will always be available or that it will continue to be updated. You understand that we may discontinue Dark and Darker or make changes to Dark and Darker at any time for any reason or no reason. If we plan to discontinue Dark and Darker, we will try to notify you of the discontinuance of Dark and Darker reasonably in advance of the date on which such discontinuance takes effect by email or by informing you the next time you open Dark and Darker, unless we are unable to do so by law or court order.
13.6 Our Terms of Sale tell you when and how we offer refunds. We give you a minimum guaranteed access period to Dark and Darker of 30 days from the date of purchase. If you have had the game for longer than this, we won’t provide a refund if we are unable to continue providing, or decide to discontinue, Dark and Darker.

14. SUSPENSION AND DISCONTINUATION OF THE GAME
14.1 You understand that we may be required to temporarily or indefinitely suspend access to Dark and Darker at any time without notice where this is required because of:
(a) hacking or other security concerns;
(b) the instructions of a court, a court order or other regulatory body with authority over us; or
(c) a legal obligation on us to do so.
14.2 Where suspension happens under this section and you are not able to play Dark and Darker, please contact us for assistance regarding the duration of the suspension and your rights. We will do our best to minimise any disruption to your access to Dark and Darker, but we may not always be able to make it available to you or confirm when access will be restored.

15. INTELLECTUAL PROPERTY RIGHTS
15.1 Dark and Darker, its name or title and any and all features, content, materials and information made available via Dark and Darker (including any documentation and Additional Content) (“Game IPR”) belong to us (or our licensors as applicable) and are protected by intellectual property laws in various territories around the world. You will not have any intellectual property rights in, or to, Game IPR other than the right to use it in accordance with these Game Terms.
15.2 Your right to use the Game IPR is personal to you. It is non-transferable, revocable, non-exclusive and solely for your own private use. It is also subject to you being in compliance with these Game Terms at all times when using Dark and Darker.

16. RESPONSIBILITY FOR LOSS OR DAMAGE
16.1 We do not promise Dark and Darker or its content will always be available, uninterrupted, secure, free from viruses or bugs, or free from errors or omissions. We recommend that you back up any content and data used in connection with Dark and Darker, to protect yourself in case of problems with Dark and Darker.
16.2 If we fail to comply with these Game Terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaching the Game Terms or our failing to use reasonable care and skill in providing Dark and Darker. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Game Terms, both we and you knew it might happen.
16.3 We do not exclude or limit our responsibility to you where it would be unlawful to do so, which includes liability for death or personal injury arising from our negligence, or for fraud or fraudulent misrepresentation by us.
16.4 If Dark and Darker (or part of it) is not successfully downloaded or does not work once it has been successfully downloaded, please contact us to notify us of the issue and we will investigate the reason for the fault. If you have met the minimum requirements for Dark and Darker as set out in Section 5 and we are unable to remedy the problem within a reasonable period of time and without significant inconvenience to you, you should contact us for a refund.
16.5 If defective digital content that we have supplied to you damages a device or other digital content belonging to you, we will either repair the damage or provide compensation. However, we will not be responsible to you for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
16.6 Dark and Darker is for domestic and private use. Please note that we will have no responsibility or liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.7 Dark and Darker is provided for general entertainment purposes only. It does not offer information or advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from Dark and Darker. Although we make reasonable efforts to update the information in Dark and Darker, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
16.8 Dark and Darker has not been developed to meet your individual requirements. Please check that the facilities and functions of the Base Game and any Additional Content meet your requirements before you choose to acquire them.
16.9 If our provision of Dark and Darker or support for Dark and Darker is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be responsible for delays caused by the event, but if there is a risk of substantial delay and you cannot use Dark and Darker you may contact us about a refund. Our Terms of Sale tell you when and how we offer refunds.

17. GENERAL
17.1 These Game Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 as enacted in the United Kingdom for any third party to enforce any term of this agreement and you acknowledge that these Game Terms are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to them.
17.2 We may transfer our rights and obligations under these Game Terms to another organisation. We will tell you in writing in advance if this happens and we will ensure that the transfer will not affect your rights under these Game Terms. You may only transfer your rights or your obligations under these Game Terms to another person if we agree in writing that you may do so.
17.3 If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
17.4 Each of the paragraphs of these Game Terms operates separately. If any part of these Game Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then that part will be deleted from the Game Terms and the remaining parts of the Game Terms will continue in full force and effect.
17.5 These Game Terms are governed by English law and you can bring legal proceedings in respect of Dark and Darker or these Game Terms in the courts of the Republic of Korea, unless the law in your country of residence gives you the right to choose the courts of your country for the dispute in question.
Last Updated: [April 15, 2025]


ADDENDUM A - JAPAN-SPECIFIC PROVISIONS IN THE DARK AND DARKER EULA
1. CHANGES TO THESE GAME TERMS
1.1 Notwithstanding any provisions relating to any changes to these Game Terms, we may change these Game Terms in accordance with the applicable law.
1.2 In the case of any changes to these Game Terms, we will make the following items known to the public at least 7 days in advance through the IRONMACE Website or other appropriate means:
(a) The fact that these Game Terms are to be amended;
(b) The contents of the revised Game Terms; and
(c) The effective date.
2. LIMITATION OF LIABILITY
2.1 Notwithstanding any provisions relating to the limitation of our liability under these Game Terms, we are liable for damages incurred by you up to the amount paid by you to us within the last 12 months, unless such damages are attributed to our willful misconduct or gross negligence.