Terms of Service

(Updated by KoiWare on 6-27-2018)
1. Definitions
“Account” - An account created on any KoiWare services or platforms.
“Administrative Team” - The Administrative Team at KoiWare includes the owner/producer, 
the systems administrator, and managing director.
“Agreement” - The present document.
“Content” - The Content of Underlight includes, but is not limited, to all text, 
graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, 
music, artwork and computer code, as well as the design, structure, selection, coordination, 
expression, and arrangement of this elements.
“Forums” - The discussion forums for Underlight, which are provided by a third party 
and accessible to the user via the Underlight website.
“Game” - Refers specifically to the game of Underlight, a Multiplayer Online Roleplaying 
Game (MORPG) developed by Lyra Studios and licensed to KoiWare.
“Game Client” - The software required for the user to access and play the game, 
to be downloaded and installed on the hardware of the user.
“Identifying Information” - Information that identifies the user. This includes 
the user’s full name, E-mail, home/mailing address, and phone/mobile number.
“KoiWare Services” - KoiWare services includes, but is not limited to the game of 
Underlight, the Underlight Forums, contests, and E-mail support.
“User” - The party entering this Agreement with KoiWare.
“User Content” - Unofficial content, such as fan art or literature.

2. Scope of the Agreement
The Agreement governs the provision of services to the user. The user enters the 
Agreement upon creation of an account with KoiWare. KoiWare reserves the right to 
change, modify, add, or remove portions of this Agreement at any time. Users will 
be notified of any changes through KoiWare communication channels. Any continued 
use of KoiWare services after announced changes to this Agreement will mean that 
the user accepts and agrees to the changes.

3. Duration of the Agreement
The Agreement is entered between the user and KoiWare for an indefinite period of 
time at the moment of acceptance.
The Agreement can be terminated at any time in the following manner:
1. The user can contact KoiWare at Support@Underlight.com and request termination 
of the Agreement.
2. KoiWare may choose to terminate or prevent the user’s access to any KoiWare services 
at any time and for any reason.
3. KoiWare may choose to terminate KoiWare services to all users, or prevent access 
to these KoiWare service at any time and without notice.
Upon termination of the Agreement, KoiWare services will no longer be provided to 
the user.

4. Account Creation
Only a living person above the age of 14 may create a KoiWare account. Users may 
also create an account for a child under the age of 14 who is under his/her legal 
supervision provided the user is allowed according to the law of the country in 
which the child resides. KoiWare encourages parents and guardians to read Article 
5 before beginning account creation.

5. Parents/Guardians
KoiWare services are available and accessed by users of many ages and backgrounds. 
As a result, users of a minor age may encounter situations that are inappropriate 
for their age group or uncomfortable for them to be around.
These situations include:
1. Violence depicted by text and/or graphical combat.
2. Strong language
3. Sexual references
In order to protect our users, KoiWare provides the following tools for users and 
parents to monitor and defend against inappropriate or offensive situations:
1. Recorded event logs that are stored offline
2. Optional profanity filter
3. Direct in-game support
If the parent/guardian of a user 14 or younger has questions or concerns about the 
game, content, or the activity of the user on KoiWare services, KoiWare encourages 
the parent/guardian to send an E-mail to Support@Underlight.com.

6. Privacy
Upon using any KoiWare services, the user also accepts KoiWare’s Privacy Policy. 
It is the responsibility of the user to ensure that he/she reads and understands 
the KoiWare Privacy Policy before using any service provided by KoiWare.

7. Limitation of Liability
Except where prohibited by law, KoiWare is not liable to the user for any indirect, 
consequential, exemplary, incidental, or punitive damages, including loss of profits, 
even if KoiWare has been advised of the possibility of such damages.
Should KoiWare, notwithstanding the other provisions of this Agreement, be found 
liable to the user for any damage or loss which arises out of or is in any way connected 
with the user’s use of KoiWare services, KoiWare’s liability shall not exceed, in 
any event, more than $25, as KoiWare provides services to the user free of charge.
Some jurisdictions do not allow for limitations of liability. As a result, the above 
clause may not apply to the user.
The user agrees that KoiWare and KoiWare volunteers are not liable for the actions, 
damages, or demands of third parties arising out of or in connection with the user’s 
use of KoiWare services.

8. Rules of Engagement
All users are subject to the following Rules of Engagement. Failure to follow these 
rules may result in suspension or termination of the user’s access to KoiWare services.

The First Rule – Be Honest with the Software
Cheating or hacking of any kind is prohibited. Because the client software is 
a terminal to our servers, using an altered version of the client software is an 
attempt to hack our servers. This is a federal offense, and violators will be prosecuted 
to the fullest extent of the law. The use of any program that alters data transferred 
between our server and the client will also be considered an attempt to gain unauthorized 
access to our servers and will also be prosecuted. Using any game mechanics to gain 
a technical advantage is considered cheating and is subject to disciplinary action.

The Second Rule – Respect Others
a) Keep your behavior appropriate at all times. If your language or behavior repeatedly 
annoys or offends others, you will be banned from playing. We place no limits on 
the use of language. Consenting adults are free to engage in any language or behavior 
they mutually agree to, however, much of the player-base are young role-players, 
and should not be subject to some adult language. Inappropriate behavior includes 
attacking other players without a valid in game reason, using unnecessarily offensive 
language, annoying others with out of character chat, excessive begging, etc. 
b) Distasteful language whether in-character to in-character, out-of-character to 
out-of-character, out-of-character to in-character, or in-character to out-of-character 
will not be tolerated on official KoiWare servers or channels. The game staff retains 
the right to determine what behavior is deemed inappropriate and will go through 
thorough and specific procedures to implement penalties. Penalties may include a 
verbal warning, temporary suspension, or in severe cases, termination/banning.
 
The Third Rule – Stay in Character
Underlight is a true Roleplaying game. Upon entering the realm of the City, you 
have to always remember you are pretending to be your character and leave the outside 
life of the real world behind. Your character would have no way of knowing sports 
scores or the latest in music or fashion. So, to protect the environment that all 
role players are striving for, leave the real world chat outside please. If you 
must communicate real world things, please do so in whispers and put the information 
in double quotes. For example: John Doe whispers: ((hey how do I bind a key to my 
art?)). This way you can be sure to not offend anyone and protect the active role 
playing that is going on around your character. —- These rules are a very simple 
guideline to your behavior when playing Underlight. Use your best judgement and 
behave as if you were in a room full of random people of all ages. The game staff 
retains the right to determine what behavior is deemed inappropriate and will go 
through a thorough and specific procedure to implement penalties. Penalties may 
include a verbal warning, temporary suspension, or in severe cases, termination/banning.

7. User Created Content
The user grants KoiWare express consent to communicate User Content to third parties, 
including, but not limited to, social media outlets, gaming websites, and other 
medias for the use of promoting any KoiWare services.
KoiWare will not attempt to generate revenue from User Content without the prior 
approval of the user.

8. Disclaimer
KoiWare does not promise that the game, websites, or any other services provided 
by KoiWare will be error-free or uninterrupted, or that defects will be corrected, 
or that your use of KoiWare services will provide specific results. KoiWare services 
are provided on an “as-is” and “as-available” basis.
KoiWare reserves the right to modify or remove any content provided by KoiWare.
KoiWare reserves the right to modify, suspend or terminate operation or access to 
KoiWare services at any time, for any reason. 
KoiWare disclaims any and all liability for the acts, omission, and conduct of any 
third parties in connection or related to the user’s use of KoiWare services. The 
user claims sole responsibility for his/her use of KoiWare services.

Privacy Policy
1. Definitions
“Account” - An account created on any KoiWare services or platforms.
“Administrative Team” - The Administrative Team at KoiWare includes the owner/producer, 
the systems administrator, and project manager.
“Agreement” - The present document.
“Content” - The Content of Underlight includes, but is not limited to all text, 
graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, 
music, artwork and computer code, as well as the design, structure, selection, coordination, 
expression, and arrangement of this elements.
“Forums” - The discussion forums for Underlight, which are provided by a third party 
and accessible to the user via the Underlight website.
“Game” - Refers specifically to the game of Underlight, a Multiplayer Online Roleplaying 
Game (MORPG) developed by Lyra Studios and licensed to KoiWare.
“Game Client” - The software required for the user to access and play the game, 
to be downloaded and installed on the hardware of the user.
“Identifying Information” - Information that identifies the user. This includes 
the user’s full name, E-mail, home/mailing address, and phone/mobile number.
“KoiWare Services” - KoiWare services includes, but is not limited to the game of 
Underlight, the Underlight Forums, contests, and E-mail support.
“User” - The party entering this Agreement with KoiWare.
“User Content” - Unofficial content, such as fan art or literature.

2. Privacy
2a. When creating an account, the user is prompted to provide personal and identifying 
information (listed in article 1).
2b. When you engage with services provided by KoiWare, we are provided with your 
IP address, username, and password to identify the user account.
Further, KoiWare logs all activity within the game on KoiWare’s servers. These are 
logs accessible only by the Administrative Team for the purpose of enforcing the 
rules outlined within the Terms of Service Agreement.
2c. The use of KoiWare services means that the user consents to the gathering and 
use of the information in the methods outlined in the Agreement.

3. Use of Information
KoiWare may use user information for the following purposes:
1. Account and user identification
2. Providing the agreed upon services to the user
3. Improving upon KoiWare services
4. Enforcement of the Rules of Engagement and/or this Agreement
5. Determining how, and how often, KoiWare services are used
6. Contacting the user with updates on KoiWare services.
6a. If the user wishes to no longer be contacted by KoiWare in this manner, instructions 
on how to suspend contact will be included with the correspondence.
6b. If the user decides to terminate contact with KoiWare, the user takes full responsibility 
for not receiving notices and other information we provide in this manner.

4. Cookies
KoiWare uses “cookies” to collect information about users and user activity on 
KoiWare websites. A cookie is a small piece of data that the website stores on the 
user’s computer and accesses each time the user visits. The cookie typically contains 
information on the website, a unique identifier for identifying the user’s web browser, 
additional data that serves the purpose of the cookie, and the how long the cookie 
has existed. KoiWare can use this information to understand how the user uses the 
website. This helps KoiWare better provide the user content based on preferences 
the user specifies.
Cookies are also used to enable features, such as storing user settings, user log-ins, 
and the personalization of user content.
KoiWare websites contain advertising cookies, designed to tailor potential advertising 
content to the user, or to limit the number of times the user sees a particular 
advertisement.
KoiWare websites also contain third-party cookies to perform services on the behalf 
of KoiWare, such as analytics and providing content. These third parties are granted 
access to select information to perform these tasks and services. These third party 
cookies can be used to track the user on other websites that use the same third 
party service. We have no control over third party cookies and they are not covered 
by KoiWare’s cookie policy.
KoiWare reviews the privacy policies of all of KoiWare’s third party providers before 
enlisting services to ensure that the practices of the third party align with the 
privacy policy of KoiWare. KoiWare will never knowingly include third party services 
that compromise or violate the privacy of the users of KoiWare services.
Should the user not wish to accept cookies from KoiWare websites, the user has the 
option to disable cookies through his/her browser settings under the understanding 
that KoiWare may be unable to provide the user with some KoiWare services. Should 
the user access KoiWare services on multiple devices, he or she may need to adjust 
the settings on each individual device.

5. Third Party Access to Information
KoiWare may give limited third party access to user information for: analytics tracking, 
user authentication, advertising and promotion content marketing, E-mail marketing, 
and payment processing.
These services may access KoiWare’s data solely for the purpose of performing specific 
tasks on the behalf of KoiWare. KoiWare does not share any personally identifying 
information with third party services without the user’s explicit consent. KoiWare 
does not give third parties permission to disclose or use any of KoiWare’s data 
for any other purpose.
KoiWare may allow limited access to KoiWare’s data by external consultants and agencies 
for the purpose of analysis and service improvement. This access is only permitted 
for as long as necessary to perform a specific function. KoiWare only works with 
external agencies whose privacy policies align with Privacy Policy of KoiWare.
KoiWare will refuse government and law enforcement requests for data if KoiWare 
believes a request is too broad or unrelated to its stated purpose. KoiWare may 
cooperate if KoiWare believes the requested information is necessary and appropriate 
to comply with legal process, to protect KoiWare rights and property, to protect 
the safety of the public and any person, to prevent a crime, or to prevent what 
KoiWare reasonably believes to be illegal, legally actionable, or unethical activity.
KoiWare does not otherwise share or supply personal information to third parties. 
KoiWare does not sell or rent the user’s personal information to marketers or third 
parties.

6. Data Processing and Storage
All user information is stored and processed in the United States in third party 
facilities. Data is only transferred within jurisdictions subject to data protection 
laws that reflect KoiWare’s commitment to protecting the privacy of the users of 
KoiWare services.
Personal information is retained only as long as necessary for the uses outlined 
in article 3. While KoiWare retains this data it will be protected within commercially 
acceptable means to prevent loss, theft, unauthorized access, disclosure, copying, 
use or modification. That said, KoiWare advises that no method of electronic transmission 
or storage is 100% secure and does not guarantee absolute data security.
Upon request by the user the information will be erased from KoiWare systems within 
a reasonable timeframe.

7. Limits of the KoiWare Privacy Policy
This privacy policy only covers KoiWare’s own collecting and handling of data. KoiWare 
only works with partners, affiliates and third-party providers whose privacy policies 
align with Privacy Policy of KoiWare. KoiWare does accept responsibility or liability 
for their respective privacy practices.
KoiWare websites may link to external sites that are not operated by KoiWare. Please 
be aware that KoiWare has no control over the content and policies of those sites, 
and cannot accept responsibility or liability for their respective privacy practices.

8. Changes to KoiWare’s Privacy Policy
Portions of this Privacy Policy may be changed or removed at the discretion of KoiWare. 
KoiWare will take reasonable steps to ensure that the user is informed of any changes 
made to the Privacy Policy. The user’s continued use of KoiWare services after any 
changes to this Privacy Policy will be regarded as acceptance of these changes.


9. User Rights and Responsibilities
As a user of KoiWare services, the user has the right to be informed about how his/her 
data is collected and used. The user is entitled to know what data KoiWare has collected 
about the user, and how it is processed. The user is entitled to correct and update 
any personal information about him or her, and to request this information be deleted. 
The user may amend his or her account information at any time, using the tools provided 
in the account control panel.
The user is entitled to restrict or object to KoiWare’s use of his/her data, while 
retaining the right to use his/her personal information for his/her own purposes. 
The user has the right to opt out of data about him/her being used in decisions 
based solely on automated processing.
Feel free to contact KoiWare if you have any concerns or questions about how your 
data and personal information is handled.
KoiWare Data Controller
Systems Administrator
support@underlight.com