Game Terms of Service

Article 1 (Definitions)

The meanings of the terms used in these Terms are as set forth in the following items.

"these Terms" means the "Game Terms of Service."
"Other Provisions" means guidelines, help, and other provisions concerning the Game other than these Terms.
"the Game" means an application provided by the Company for smartphones, tablets, or desktops.
"the Device" means the smartphone, tablet, or desktop onto which the Game is downloaded in order to use the Game.
"the Site" means the website operated by the Company on which information concerning the Game is posted.
"the Company" means Gadgelab Co., Ltd.
"the User" means a person who uses the Game.
"Account" means a unique identifier issued by the Company for each User that is required to use the Game where the Company specifically so provides.
"Local Save Data" means the game progress information automatically created within the Device when the Game is used.
"Usage Environment" means the environment necessary to use the Game, including the Device, software, internet connection, and the maintenance of security.
"Content" means text, audio, music, images, video, software, programs, and other information designated by the Company that the User can use, view, or access through the Game.
"Transmitted Information" means information transmitted by the User using the Game or collected by the Company through the Game (including values, data, location information, usage history, and the like).
"Paid Services" means services within the Game for which the User is required to pay consideration.
"Points" means points granted by the Company to the User as a result of the User performing an Action.
"Action" means an act of the User that is designated by the Company as eligible for the grant of Points.
"Intellectual Property Rights" means patent rights, utility model rights, design rights, trademark rights, copyrights, rights under the Unfair Competition Prevention Act, and all other proprietary or personal rights.

Article 2 (Acceptance of these Terms)

1. The User must use the Game in accordance with the provisions of these Terms, and may not use the Game unless the User agrees to these Terms. If the User does not agree to these Terms, the User shall immediately cease downloading the Game or terminate its use.

2. The Company may establish Other Provisions by posting them on the Game or the Site or by other methods designated by the Company. The Other Provisions shall constitute a part of these Terms; provided, however, that if the content of these Terms differs from that of the Other Provisions, these Terms shall apply with priority.

Article 3 (Use of the Game)

1. The User may use the Game in accordance with the methods prescribed by the Company.

2. The detailed specifications of the Game shall be determined separately by the Company. The Company may make changes to the specifications of the Game, including improvements, additions, and deletions. The User agrees to this in advance.

3. The User shall establish the Usage Environment at the User's own responsibility and expense. Communication charges such as packet fees and data usage fees, and other costs, shall be borne by the User.

Article 4 (Age Restrictions on Use)

1. The Game may not be used by persons under 13 years of age in the United States of America, under 16 years of age in the EU and the United Kingdom, or under 14 years of age in South Korea. In other countries, the Game may be used with the consent of the statutory agent of a minor.

2. A User who is a minor shall use the Game after obtaining the consent of the User's statutory agent. If such User uses the Game by falsely representing that the statutory agent has consented, by misrepresenting their age, or by otherwise employing fraudulent means, the juristic acts relating to such use may not be rescinded.

Article 5 (Account and Local Save Data)

1. When the User downloads the Game onto the Device and begins using it, an Account and Local Save Data are automatically created. Note that some versions of the Game do not create an Account, in which case only Local Save Data is created.

2. The Account and Local Save Data belong exclusively and personally to the User. The User shall properly manage and store the Account and Local Save Data at the User's own responsibility, and shall not allow any third party to use them, nor lend or transfer them.

3. If the Company confirms, by a prescribed method, that the Account used when the Game is launched matches the registered Account, the Company shall deem the person who used the Game to be the User who genuinely holds that Account.

4. If the User discovers that the Account has been stolen or is being used by a third party, the User shall immediately notify the Company to that effect and take the measures instructed by the Company.

5. The Company shall not be liable for any damage incurred by the User as a result of inadequate management of the Account or Local Save Data by the User, errors in use, unauthorized use, or the like.

Article 6 (Paid Services)

1. Use of the Game is free of charge; however, some parts of the Game constitute Paid Services.

2. The pricing of Paid Services shall be stated at each point of sale. If the price is changed by a decision of the Company or a payment processing agent, the changed price shall be displayed.

3. The User may not transfer Content or other services obtained through Paid Services to another Account or Local Save Data.

4. The Company may separately set an upper limit on the amount that a User who is a minor may spend on Paid Services. If, in the course of the procedures for using Paid Services, Paid Services are used in excess of the upper limit because the information regarding the User's age in the registered particulars was inaccurate, the Company shall not be obligated to provide any refund or return for the amount exceeding the upper limit.

5. If the User delays payment of the consideration for the use of Paid Services, late payment damages calculated at an annual rate of 14.6% shall accrue.

6. If it becomes apparent that the content or quantity of the Paid Services being used by the User (including, but not limited to, purchased Content) is incorrect, the Company may correct this without prior notice to the User.

7. No refund, return, or other reimbursement shall be made for Paid Services due to cancellation by the User or termination of use of the Game. This shall not apply, however, where required by laws and regulations.

8. Where, due to changes in the content of the Game, business reasons, the enactment or amendment of laws and regulations, changes in economic conditions, or the like, it becomes necessary to migrate something that could be used free of charge in the Game to a Paid Service, or it becomes necessary to change the amount of a Paid Service, the Company may make such changes.

9. Similarly to the preceding paragraph, the Company may discontinue Paid Services (including, but not limited to, eliminating purchased Content), in which case the Company shall not be obligated to provide any refund, return, or other reimbursement to the User. This shall not apply, however, where required by laws and regulations.

Article 7 (Content)

1. The User may use Content, whether free of charge or for a fee, through the Game. The User shall not acquire any rights with respect to the Content other than as set forth herein.

2. The Company makes no warranty whatsoever as to the legality, accuracy, certainty, usefulness, fitness for purpose, or the like of the Content. The Company shall not be liable in any way for damage to or loss of Content resulting from business reasons, system overload, defects, failures, or maintenance, the enactment or amendment of laws and regulations, natural disasters, power outages, communication failures, unauthorized access, or other causes.

Article 8 (Points)

1. The Company may grant Points to the User in accordance with the standards prescribed by the Company when the User performs an Action in accordance with the procedures prescribed by the Company.

2. The User shall not acquire Points by means of the prohibited acts set forth in these Terms, the use of automatically operating programs or the like, or other improper methods. Even for an Action that satisfies the conditions for acquiring Points, the Company may decline to grant Points, or may revoke Points already granted, if the Company determines it to be inappropriate. The Company shall not be liable for any damage incurred by the User as a result thereof.

3. The User may use certain Content free of charge by using Points. Note that Points represent the possibility that the User may use certain Content free of charge if the conditions prescribed by the Company are satisfied at the time the Points are used, and the acquisition of Points does not give rise to any specific rights or obligations between the User and the Company. Points may be changed or abolished in the future, and the Company does not guarantee the use of Points as contemplated at the time of their acquisition.

4. The management and use of Points shall be carried out at the User's own responsibility. No measures such as cancellation after use or reissuance of Points may be taken with respect to the use of Points, for any reason whatsoever. Even if Points are improperly used by a third party other than the User and the User's Points are thereby lost, the Points may not be reissued.

5. The Company shall not be liable in any way for damage to or loss of Points resulting from business reasons, system overload, defects, failures, or maintenance, the enactment or amendment of laws and regulations, natural disasters, power outages, communication failures, unauthorized access, or other causes.

Article 9 (Advertising)

1. The Company may, at its discretion, place advertisements of the Company or of third parties on the Game.

2. The Company makes no warranty with respect to any matter concerning third-party advertisements placed on the Game. The User shall make its own judgment regarding such advertisements at the User's own responsibility.

Article 10 (No Warranty)

1. The Company makes no warranty that the Game is free of errors, bugs, defects, or security vulnerabilities, that it is accurate and complete, that no defect or failure will arise in the Usage Environment as a result of its use, or that it has the qualities or performance expected by the User.

2. Links from the Game to third-party websites or services may be provided; however, the Company makes no warranty with respect to any matter concerning such websites or services. The User shall access such websites or services at the User's own responsibility.

3. In addition to the provisions of the preceding paragraphs, the Company makes no warranty whatsoever with respect to the following items. Furthermore, even if the User obtains information concerning the Game directly or indirectly from the Company, the Company makes no warranty to the User beyond the content provided in these Terms.

that the Game is compatible with the Usage Environment;
that the Game is accurate and complete;
that the Game will operate permanently;
that the Game is fit for and useful for the User's particular purpose.

Article 11 (Attribution of Rights)

1. All Intellectual Property Rights concerning the Game belong to the Company and its licensors.

2. The license to use the Game set forth in these Terms does not grant any rights with respect to the Company's Intellectual Property Rights concerning the Game, except as expressly provided in these Terms. The User may not use the Game beyond the manner of use contemplated by the Game.

3. The User shall not reverse-engineer, decompile, or disassemble the Game, or otherwise attempt to analyze the Game.

Article 12 (Transmitted Information)

1. The User warrants that the User has the lawful right to transmit the Transmitted Information and that doing so does not infringe the rights of the Company or any third party.

2. The Company may use the Transmitted Information (including reproduction, adaptation, public transmission, and the act of making it transmittable as necessary therefor) to the extent necessary for the operation and improvement of the Game, the creation of statistical data concerning the usage history of Game users, the planning, formulation, or implementation of marketing measures, and other matters related thereto.

3. The Company will make commercially reasonable efforts to manage the Transmitted Information securely; however, in view of the fact that this is an electromagnetic service that uses the internet communication network, the User shall back up the Transmitted Information at the User's own responsibility. The Company shall not be liable for any damage arising from the User's failure to make such backups.

Article 13 (Prohibited Acts)

In using the Game, the User shall not, by itself, engage in any act that falls under or that the Company determines to fall under any of the following items, nor shall the User instruct, induce, or coerce any third party to do so.

acts that violate laws and regulations;
acts related to crime;
acts contrary to public order and morals;
acts that infringe the Intellectual Property Rights, privacy rights, honor, credit, portrait rights, or any other rights or interests of the Company or any third party;
acts that discriminate against, defame, harass, or cause aversion to the Company or any third party;
acts of stalking, persistently pursuing, sending large volumes of messages to, or otherwise acting against the will of other Users;
acts of posting links to adult sites, dating sites, or the like, or acts intended to seek or induce encounters with members of the opposite sex;
advertising, announcing, or soliciting transactions resembling pyramid schemes, multilevel marketing, network business, or other chain-referral schemes, and engaging in such transactions;
acts of activity as an organization holding beliefs based on any discrimination or prejudice as to religion, race, sex, ethnicity, human rights, or the like;
acts that interfere with the operation or maintenance of the Game;
acts that place an excessive burden on the network, systems, or the like of the Game;
acts that induce the Game to malfunction;
acts of using, creating, distributing, or selling external tools that cause bugs not normally intended by the Game;
acts of unauthorized access to the network of the Game;
acts of impersonating a third party;
acts of pretending to be an officer or employee of the Company or its affiliated companies, or other person related to the Company or the Game;
acts of allowing a third party to use the Game;
acts of transmitting to the Company information that infringes the Intellectual Property Rights, privacy, honor, credit, portrait, or any other rights or interests of a third party;
acts of falsifying information that may be used through the Game;
acts of making improper inquiries or improper demands to the Company, such as sending the same message more than necessary;
acts of having any interaction or involvement with antisocial forces and the like (meaning organized crime groups, members of organized crime groups, right-wing organizations, antisocial forces, and other persons equivalent thereto; the same shall apply hereinafter), such as cooperating with or being involved in the maintenance, operation, or management of antisocial forces and the like;
acts that directly or indirectly cause or facilitate any of the acts in the preceding items;
any other act that the Company determines to be inappropriate.

Article 14 (Suspension or Termination of Use)

1. If the User falls under or the Company determines that the User falls under any of the following items, the Company may, without prior notice, suspend the use of all or part of the Game or terminate its use. Note that the Company shall not be obligated to disclose the reasons for the above determination.

where the User has violated any provision of these Terms;
where there has been no use of the Game for a period separately prescribed by the Company;
where the User does not respond within 7 days to an inquiry from the Company;
where the User has, in the past, violated these Terms or has had its use of the Game or other services provided by the Company suspended or terminated;
where the Company otherwise determines that the User's use of the Game is inappropriate.

2. A User whose use of the Game has been terminated by the Company shall lose the right to use the Game and shall immediately delete it from the Device.

3. If the User falls under or the Company determines that the User falls under any of the items of Paragraph 1, the User shall lose the benefit of time with respect to all obligations owed to the Company and shall immediately perform all obligations to the Company.

4. The Company shall not be liable in any way for any damage incurred by the User as a result of acts taken by the Company pursuant to this Article.

Article 15 (Termination of Use by the User)

1. The User may terminate the use of the Game at any time by deleting the Game from the Device. The User agrees that, upon termination of the use of the Game, all Transmitted Information, Content, and the like that existed on the Game will be lost.

2. The User agrees in advance that, if the User mistakenly deletes the Game, the Account, or the Local Save Data, or if the use of the Game is terminated for any other reason whatsoever, the User will no longer be able to use the Transmitted Information, Content, and the like that existed on the Game.

3. Even after the termination of the use of the Game, the User shall not be relieved of any obligations or liabilities to the Company and third parties.

Article 16 (Modification, Suspension, and Termination of the Game)

1. The Company may modify, suspend, or terminate the provision of the Game at any time due to business reasons, system overload, system defects, maintenance, the enactment or amendment of laws and regulations, natural disasters, accidental incidents, power outages, communication failures, unauthorized access, disputes, civil unrest, terrorism, or other causes, and shall not be liable in any way for any damage incurred by the User as a result thereof.

2. In making the modification, suspension, or termination set forth in the preceding paragraph, the Company will endeavor to give advance notice within a reasonable period. This shall not apply, however, in cases of emergency, where it is technically difficult, or where there are other unavoidable reasons.

Article 17 (Dispute Resolution and Compensation for Damages)

1. If the User causes damage to the Company in connection with the use of the Game, the User shall compensate the Company for such damage.

2. If the User receives a claim from a third party or a dispute arises with a third party in connection with the Game, the User shall immediately notify the Company of the details thereof and shall, at the User's own expense and responsibility, resolve such claim or dispute and report its progress and outcome to the Company.

3. If the Company receives a claim from a third party or a dispute arises with a third party in connection with the User's use of the Game, the User shall, at the User's own expense and responsibility, resolve such claim or dispute, report its progress and outcome to the Company, and compensate the Company for the amount it was compelled to pay and other damages.

4. The Company shall compensate for damage caused to the User in the provision of the Game only where such damage is caused by the Company's intentional act or negligence. Each disclaimer provision of the Company in these Terms shall not apply where the Company has acted intentionally or negligently.

5. Where the Company bears an obligation to compensate the User for damages (in the case of the preceding paragraph or due to the application of the Consumer Contract Act or other laws, etc.), the scope of the damages to be compensated shall be limited to the ordinary damages actually incurred by the User (excluding special damages, including lost profits), and the amount to be compensated shall be capped at the amount that the relevant User paid to the Company as consideration for the use of Paid Services. Note that this Article shall apply to all compensation for damages and the like, regardless of the cause of action, including non-performance of obligations, liability for non-conformity with the contract, the obligation to restore to the original state, unjust enrichment, and tort; provided, however, that it shall not apply where the Company has acted intentionally or with gross negligence.

Article 18 (Confidentiality)

With respect to information that the Company discloses to the User in connection with the Game with a designation that it be treated as confidential, the User shall not use it for purposes other than the purpose of disclosure, nor disclose it to any third party, except with the prior written consent of the Company.

Article 19 (Handling of Personal Information)

The Company shall appropriately handle the information obtained from the User in accordance with the Company's prescribed Privacy Policy.

Article 20 (Modification of these Terms)

1. The Company may modify these Terms at any time and at its discretion in any of the following cases.

where the modification of these Terms conforms to the general interests of the contracting parties;
where the modification of these Terms does not contravene the purpose for which the contract was concluded and is reasonable in light of the necessity of the modification, the appropriateness of the content after the modification, the content of the modification, and other circumstances relating to the modification.

2. In modifying these Terms pursuant to the preceding paragraph, the Company will give notice of the fact that these Terms will be modified, the content of the provisions after the modification, and the effective date of the modification, by posting on the Game, no later than two weeks before the effective date of the modification of these Terms.

3. If the User does not agree to the modification of these Terms, the User's only recourse is to terminate the use of the Game (to immediately delete the Game from the Device). If the User does not carry out the above deletion by the effective date set forth in the preceding paragraph, the User shall be deemed to have agreed to the modification of these Terms.

Article 21 (Contact)

1. Communications from the Company to the User shall be made by means that the Company deems appropriate, such as sending documents, sending email, posting on the Game or the Site, or push notifications. Where such communication is made by email, posting on the Game or the Site, or push notification, it shall be deemed to have reached the User at the time it is delivered over the internet.

2. Communications from the User to the Company shall be made by email to the inquiry email address prescribed by the Company. The Company cannot respond to inquiries made by means other than email to the inquiry email address.

3. The Company shall not be obligated to respond to or take any action with respect to all communications from Users, and shall respond to or take action with respect to them at its own discretion and arbitrary judgment. Although the Company may take some action in response to a communication from a User, such action by the Company shall not be construed as imposing an obligation on the Company to individually respond, report, or provide monetary compensation to the relevant User.

Article 22 (Assignment of Contractual Status, etc.)

1. The User may not assign, transfer, pledge, or otherwise dispose of its rights and obligations under the Game to any third party without the prior written consent of the Company.

2. If the Company transfers the business relating to the Game to a third party (including not only an ordinary business transfer but also any case in which the business is transferred, such as a corporate split), the Company may, in connection with such business transfer, assign to the transferee of the business transfer its rights and obligations under the Game, the Transmitted Information, personal information, and other information, and the User agrees in advance to such assignment.

Article 23 (Severability)

Even if a part of the provisions of these Terms is held to be illegal, invalid, or unenforceable by laws and regulations or by a court, the remaining part of such provision and the other provisions of these Terms shall remain valid and in effect, and with respect to the part held to be illegal, invalid, or unenforceable, a valid provision that most closely reflects the intent of such part shall be applied in place of the invalid part, or a reasonable interpretation shall be applied so as to constitute a valid provision that most closely reflects the intent of such part.

Article 24 (Governing Law)

The governing law of these Terms shall be the laws of Japan.

Article 25 (Jurisdiction)

In the event of a dispute between the User and the Company in connection with the Game, the Tokyo District Court shall be the court of exclusive agreed jurisdiction for the first instance.

Established on October 23, 2024.