JPEN

Terms of Use

Cygames, Inc. (the “Company”) has established the following Terms of Use (“Terms”) for the “Shadowverse: Evolve Sidekick” service operated and provided by the Company (which, together with the application that needs to be installed when using the service, is hereinafter referred to as the “Service”).

Article 1 (Definitions)

The following are used in these Terms:

  1. The “Customer” refers to a user of the Service.
  2. “Individual Terms of Use” means the terms for the Service established by the Company separately from these Terms. Individual Terms of Use may be presented under names such as “terms,” “guidelines,” or “policy.”
  3. “Content” means the content that can be used, viewed, and accessed through the Service and includes text, audio, music, images, videos, software, programs, code, and other information.

Article 2 (Agreement to Terms)

  1. The Customer may use the Service by agreeing to the content of these Terms and Individual Terms of Use. The Customer shall use the Service within the scope of the conditions specified by the Company, such as age and usage environment.
  2. The Customer may not use the Service if they do not agree to the content of these Terms or the Individual Terms of Use. In this case, the Customer shall immediately cease the download, installation, or use of the Service, and uninstall the Service if it has already been installed.
  3. The Customer shall use the Service by operating a device such as the Customer’s own smartphone or tablet (hereinafter “Device”).
  4. If Individual Terms of Use have been established for the Service, the Customer shall use the Service in accordance with the provisions of the Individual Terms of Use in addition to the provisions of these Terms.
  5. In the event of any discrepancy between these Terms and the Individual Terms of Use, the provisions set forth in the Individual Terms of Use shall take precedence.

Article 3 (Revision to Terms)

  1. The Company may revise these Terms and Individual Terms of Use at its discretion. In the event of such revision, the Company will post the revised content and its effective date within the Service or in an appropriate location on the website operated by the Company in advance as necessary.
  2. The Customer may not use the Service if they do not agree to the content of these Terms and the Individual Terms of Service after they have been revised. In this case, the Customer shall immediately cease the download, installation, or use of the Service, and uninstall the Service if it has already been installed.

Article 4 (Handling of Data Acquired from the Customer)

The Company shall handle all data acquired from the Customer, including personal information, appropriately based on the “Privacy Policy” separately established by the Company.

Article 5 (Confidentiality of Communications)

  1. The Company will protect the secrecy of the Customer’s communications based on Article 5 of the Telecommunications Business Act (Act No. 86 of 1984).
  2. The Company may view, disclose, make private, or delete information that affects the confidentiality of the Customer’s communications without prior notice if the Company deems that any of the following circumstances are applicable:
    1. In the event of an enforceable disposition or court order based on the provisions of the Code of Criminal Procedure (Act No. 131 of 1948) or the Act on Communications Interception for Criminal Investigation (Act No. 137 of 1999)
    2. In the event of an enforceable disposition based on laws and regulations
    3. The requirements for disclosure based on Article 4 of the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders (Act No. 137 of 2001) have been satisfied
    4. It is necessary in order to protect the life, body, property, reputation, or privacy of others
    5. The Customer has provided consent
    6. It is necessary for the proper operation of the Service

Article 6 (Attribution of Copyright and Other Rights)

  1. All copyrights, rights of publicity and other intellectual property rights, property rights and other proprietary rights, and rights of likeness and other personal rights arising from the text, images, programs and all other information comprising the Service shall belong to the Company or the third-party rights holder. Except as expressly provided herein, nothing in these Terms shall transfer to the Customer any intellectual property rights or other rights related to the Service.
  2. The Company may set, construct, modify, or otherwise do as it chooses with the specifications, design, audiovisual expression, and all other matters relating to the Service at its discretion, and the Customer agrees to this in advance.

Article 7 (Provision of the Service)

The Company may, at its discretion and at any time, change the content of, or suspend or discontinue provision of, the Service and all services provided using the Service.

Article 8 (Advertising)

The Company may, at its discretion, place advertising for the Company or third parties in the Service.

Article 9 (Fees and Expenses)

The Customer shall bear the cost of the purchase, installation, and maintenance of the Device required to use the Service as well as communication charges such as packet charges, data usage charges, and any other costs necessary for the Customer to use the Service.

Article 10 (Prohibited Acts)

  1. The Customer must not engage in any of the following acts in connection with the Service, whether inside or outside of the Service. It is also prohibited to instruct, incite, or coerce a third party to engage in such acts.
    1. Acts in violation of these Terms, acts that infringe upon the intellectual property rights or other legally protected rights of the Company or any third party, illegal acts such as crimes and other acts that violate laws and regulations, and acts that may correspond to or encourage each of the preceding acts
    2. Acts that cause discomfort to third parties, such as stalking behavior, harassment, or posting of objectionable content
    3. Acts intended to solicit or induce a romantic or sexual relationship
    4. Acts that may adversely affect the character formation of minors, such as inducing them to drink alcohol, smoke, or get tattoos
    5. The act of inducing or soliciting others to engage in anti-social activities, and the act of providing benefits to, or otherwise cooperating with, anti-social forces
    6. Political or religious activities, or the act of recruiting for political or religious organizations
    7. The act of acquiring, disclosing, falsifying, or leaking information that may lead to the identification of specific individuals (including the Customer), such as names, telephone numbers, email addresses, addresses, or location information without the consent of the individual in question; the act of acquiring, disclosing, falsifying, or leaking the non-public information, trade secrets, or confidential information of companies, organizations, or similar entities without the consent of the rights holder; and acts that may correspond to each of the preceding
    8. The act of using the name of, alluding to be, or impersonating the Company, the Company’s affiliates, or their related persons, or third parties, or otherwise registering, posting, or otherwise spreading false information
    9. Acts for the purpose of making a profit (including solicitation of transactions similar to pyramid schemes) conducted without the approval of the Company
    10. The act of gaining unauthorized access to the various content provided by the Company through the Service and other rights or profits available to users of the Service in whole or in part; the act of disposing of the same (excluding methods approved by the Company), such as by transfer to a third party; and acts that encourage any of the preceding acts
    11. The act of trading in-game currency, in-service content, or similar for money, goods, services, or other economic benefits in the real world (so-called “real money trades”), and any act in preparation for the foregoing including inducing, offering, or accepting such a trade
    12. The act of soliciting or inviting others within the Service to services other than the Service (except when approved by the Company)
    13. The act of posting links or any other information to encourage an act while knowing that such an act corresponds to any of the prohibited acts listed in this Article
    14. Acts that the Company deems to interfere or potentially interfere with the Service and related data (including rights notices), servers, or network systems, including operation, modification, damage, removal, or unauthorized access
    15. The act of reproducing, transmitting, transferring, loaning, translating, adapting, combining with other software, modifying, or otherwise sharing or changing the Service
    16. The act of using, creating, distributing, selling, or otherwise providing technical means not provided by the Company, such as external tools, bots, or modified Devices, that affect the Service, and the act of using these to operate the Service in an unauthorized manner
    17. Acts intended to intentionally induce or take advantage of defects in the Service, and the act of using the Service other than for its intended purpose
    18. The act of making unreasonable inquiries or demands of the Company, such as repeating similar questions more than necessary
    19. Any other acts that interfere with the Company’s operation of the Service or the use of the Service by other Customers, or acts that the Company deems to cause or have the potential to cause hindrance, annoyance, or damage to the Company’s operation of the Service or the use of the Service by other Customers
  2. The Company may take any of the following measures when the Customer is confirmed to have engaged in a prohibited act or is likely to do so, or when the Company deems it inappropriate for the Customer to use the Service, or when the Customer has admitted to engaging in a prohibited act. In this case, the Company shall not be obliged to disclose any information regarding such measures, including the reason for taking such measures and the period of time during which such measures will be implemented, and the Customer shall not be entitled to file an objection to such measures with the Company. The Company is under no obligation to prevent or remedy such violations by the Customer.
    1. Demand that the Customer cease the prohibited act and not repeat said act in the future
    2. Subject the Customer to disadvantageous treatment on the Service
    3. Suspend the Customer’s use of the Service in whole or in part
    4. Deprive the Customer of rights acquired through the Customer’s prohibited acts
    5. Disclose, both within the Service and externally, the fact that the Customer engaged in a prohibited act, including reporting to the police or other public authorities in the event that the prohibited act may potentially constitute a criminal or administrative offense
    6. Any other measures deemed necessary and appropriate by the Company

Article 11 (Disclaimer and Denial of Warranty)

  1. The Company assumes no liability for temporary or long-term unavailability of the Service or suspension or termination of the Service itself due to any of the following causes:
    1. Force majeure, such as earthquakes, tsunami, typhoons, lightning, heavy rain, floods and other natural disasters, war, terrorism, revolutions, or labor disputes
    2. Temporary or large-scale maintenance of systems and other equipment necessary for the operation of the Service
    3. Network failures, such as congestion or issues with the network provider
    4. Other failures affecting the operation of the Service
  2. The Company assumes no liability to the Customer for any damages incurred by the Customer due to the acts of third parties, such as unauthorized access to the Service or transmission of computer viruses.
  3. The Company assumes no liability to the Customer for any damages incurred by the Customer in connection with the Service, such as damages due to changes to the contents of the Service or discontinuation of the provision of the Service by the Company, the deletion or loss of any information sent or registered by the Customer in connection with the Service, and device failure and damage.
  4. The Company makes no guarantees as to the safety or legality of third-party websites that can be accessed via links from the Service or products and services provided by third parties in connection with the use of the Service, and assumes no liability with respect to any problems, promises, guarantees, or similar between parties advertising or otherwise hosting content on the Service and the Customer, or with respect to any losses or damages incurred by the Customer as a result thereof.
  5. The Company assumes no liability for any damages incurred by the Customer due to inability to use the Service normally as a result of the modification or alteration of the Device’s hardware or software, or due to the technical characteristics or specifications of the Device, and shall not take any action such as restoring the Customer’s use of the Service in this case.
  6. The Company makes no guarantees as to the permanence of the information registered by the Customer for the Service, assumes no liability for damages incurred by the Customer as a result of the Customer losing or forgetting such information, and shall not take any action such as restoring the Customer’s use of the Service in this case. The same applies in the event such information is lost due to problems with the Customer’s Device, such as unauthorized use, loss, theft, or malfunction.
  7. The Company shall reply or take measures in response to inquiries, opinions and suggestions for improvement, feedback, or similar communications from the Customer regarding the Service at its own discretion, but is not obliged to do so.
  8. The Company is not obliged to repair bugs or other problems with the Service or to improve or enhance the Service.
  9. The Customer shall use the Service at the Customer’s own risk and discretion. The Company makes no guarantee as to the precision, completeness, accuracy, validity, applicability, utility, or availability of the Service, and does not guarantee that the Service will be available and accessible at the time and from the location of the Customer’s choosing, or that the Service is suitable for the Customer’s intended use or Device (including devices presented as recommended devices or recommended environments within the Service).

Article 12 (Unsubscribing from the Service)

  1. The Customer may unsubscribe from the Service at any time by uninstalling the Service.
  2. The Company is not obliged to continue to retain any information of the Customer, including personal information, after the Customer has unsubscribed from the Service.

Article 13 (Compensation for Damages)

  1. The Customer shall compensate the Company or third parties for damages (including, but not limited to, reasonable lawyer’s fees) incurred as a result of the Customer’s violation of these Terms.
  2. If the Company has caused damage to the Customer in connection with the Service for reasons attributable to the Company, the Company shall compensate the Customer for any direct and ordinary damages actually incurred by the Customer; however, in the event of willful misconduct or gross negligence on the part of the Company, the Company shall compensate damages notwithstanding any provisions in these Terms that exempt the Company from liability.

Article 14 (Prohibition of Assignment of Rights and Obligations, etc.)

The Customer must not assign, allow the succession of, pledge, or otherwise dispose to a third party any or all of its rights or obligations related to the use of the Service.

Article 15 (Validity of These Terms)

  1. Even if any provisions of these Terms are held to be illegal or invalid, such as by laws and regulations, the remaining provisions of these Terms shall remain in full force and effect.
  2. Even if any provisions of these Terms are held to be invalid or revoked with respect to a certain Customer, these Terms shall remain valid in relation to all other Customers.

Article 16 (Governing Law and Jurisdiction)

  1. These Terms shall be governed by and construed in accordance with the laws of Japan.
  2. The Tokyo District Court shall have exclusive jurisdiction as the court of first instance to hear lawsuits or other disputes related to the Service or these Terms.

Established on April 25, 2022