Article 1 (Application of these Terms of Use)
Paragraph 1. These Terms of Use (hereinafter referred to as the "TU") set forth the basic agreement between you and our company regarding the use of the application (hereinafter referred to as the "APP") and all other services (hereinafter referred to as the "Services") provided through the network by Lifewonders, LLC (hereinafter referred to as “we” or “us”) to each user (hereinafter referred to as "you" or the “Customer”). Your agreement to and acceptance of the TU are the conditions for your use of the Services. In the event of the violation of any or all of the TU, we may refuse the use of the Services without notice.
Paragraph 2. If you do not agree to the TU, please exit the APP, uninstall it, and do not reinstall it again. In this case, we will not refund any fees or costs already paid.
Paragraph 3. If you are a minor (under 18 years of age) or other person of limited capacity to act, you shall always obtain the consent of your parent, guardian or other legal representative (hereinafter referred to as "Person with Parental Authority") before using the APP.
Article 2 (Management and Storage of App-Operating Terminal Device)
Paragraph 1. When using the Services, you shall be responsible for managing your terminal device with the APP installed on the mobile terminal device that meets the conditions published on the official website of the Services, etc., and shall be responsible for all acts performed using your terminal device. You shall bear the cost of purchasing, installing, and maintaining your terminal device necessary for the use of the Services. You shall be responsible for any damage caused by inadequate management of your terminal device, errors in specifications, or any use by third party(-ies), and we shall not be liable for any such damage.
Paragraph 2. If you lose or otherwise misplace your terminal device, we shall not be held responsible for the loss of any items you own in the APP, of any paid items as described below, and of your game play history of the Services (the progress of the game in the APP and any other state realized in the APP, hereinafter referred to as the "Saved Data"), and any other disadvantage incurred by you.
Article 3 (Handling of Saved Data)
Paragraph 1. You may use the Saved Data only to the extent permitted by the TU, and you shall not hold any intellectual property rights or any other rights to the Saved Data.
Paragraph 2. We may delete your Saved Data if you have not played the APP for more than 30 days.
Paragraph 3. We may delete, move or otherwise alter all or part of your Saved Data after viewing the contents of your Saved Data if:
(1) The provision of the Services is terminated;
(2) We determine that the Saved Data contains contents that violate the TU;
(3) The Services are transferred to other services operated by us or a third party that has entered into a contract with us;
(4) The data size of the Saved Data exceeds a predetermined level, or it becomes difficult for us to maintain the Saved Data for other technical reasons;
(5) We deem it necessary for the provision and maintenance of the APP;
(6) We receive a request from you to delete your account;
(7) We reasonably deem it necessary for other reasons.
Article 4 (Granting, Management and Deletion of Account)
Paragraph 1. For the purpose of identification of the Customer and after-sales service, we will grant a user account (hereinafter referred to as "account") to each Customer or each terminal device that installs the APP for the Services. You shall be solely responsible for the management of the account granted to you. You shall not lend, exchange, transfer, sell, or pledge your account.
Paragraph 2. If you are issued a transfer code and password (hereinafter referred to as the "Transfer Code") for the purpose of data transfer, you shall keep the Transfer Code in a safe place to prevent it from being used by a third party. We shall not be responsible for any loss or damage incurred by you due to the use of your Transfer Code, etc. by a third party, except in the case of willful misconduct or gross negligence on our part.
Paragraph 3. We shall deem that the operation of the APP and any other acts performed under the account granted to you are performed with your own valid intention.
Paragraph 4. You may delete your account by submitting a request for account deletion in the manner prescribed by us.
Paragraph 5. If your account is deleted due to our or your actions, we may deactivate your paid items, delete your Saved Data, and erase all other data associated with such account. We shall have no obligation to restore your account.
Article 5 (Internet Use）
1. An internet connection is required while using these Services in order to connect to servers, etc. used for the operation of the Company's services.
2. The payment of fees incurred for usage of Services, including packet communication fees, data usage fees, etc., is the sole responsibility of the Player.
3. No funds already paid by the Player will be returned due to loss of or trouble with internet connection or App function, except where outlined in these Terms.
Article 6 (Acquisition, Use, and Repeal of Purchased Items）
1. Within the Company's Services, there may be tendered offers to purchase paid items (hereafter, Items) for use exclusively within the App. The Player may purchase these Items by the methods outlined separately by the Company in the App and on its official website, and said purchased Items can only be used on specific paid services within the App, as outlined by the Company.
2. If the Player is a minor, purchase and use of Items must be carried out with the permission of a Guardian, and therefore any purchase and/or use of Items will be considered as having been carried out with the prior consent of a Guardian. The Company reserves the right to place a limit on the amount of Items able to be purchased and/or held by a Player according to age. A Player may not exceed set limits on purchase or holding of items.
3. The Player agrees to abide by all additional rules and provisions set forth by such companies as designated by the Company to manage payments when purchasing Items. When Items have been purchased, the Company will issue said Items in accordance with the terms laid out at time of purchase, as well as save and store all relevant information originating from the Player's account. However, there may be cases when the transaction cannot be completed if a Player's chosen method of payment is unable to be confirmed, etc. In addition, in the event of a dispute, etc. between the Player and one of the designated companies, the Company assumes no responsibility, excluding reasons attributable to the Company, and said dispute will be settled directly between the Player and the company in charge of payment.
4. Items may not be transferred between accounts, given to a third party, loaned, or used as collateral.
5. When the content and/or quantity of any Items purchased or otherwise obtained by the Player is determined to be inaccurate, the Company may amend the error with no prior notification.
6. The Company will not exchange Items, except when explicitly stated, for any other type of Item, cash, etc., nor perform any refunds except when required by law, in which case the refund will be handled as outlined in the App or the App's official website.
7. Terms of use regarding Items may be published on the Service's official website. In such a situation, the Player will conform to all published conditions regarding the purchase and use of Items. In addition, there may be separate conditions published on the App or official website with regards to purchase and use of Items by minors.
8. The Player authorizes for Items gifted by the Company free of charge, when not collected within the time limit set by the Company, to be deleted at the Company's discretion.
9. When the Company has terminated a Player's account in accordance with the terms outlined in these Terms, or when the Company terminates a Player's account due to the Player uninstalling the App, Items saved to said account may be voided without the Player's explicit consent. In addition, the Company assumes no responsibility for any damages incurred by the Player due to loss of Items, except when caused by the criminal intent or gross negligence of the Company.
10. The Company may, with any period of notice deemed reasonable by the Company, announce the rescission of Items (including both its usage and issuance) on the App and/or the App's official website. Upon reaching the deadline stated in said announcement, Items will become void. The Company assumes no responsibility for any damages incurred by the Player due to loss of Items, except when caused by any criminal intent or gross negligence on the part of the Company.
Article 7 (Rights Attribution）
1. All copyright, intellectual property rights, and other rights to the images, videos, writings, programs, or information pertaining to such, tendered to the Player by the Company through the Services (hereafter, Contents), belongs to the Company or said Contents' legal rights holders from whom the Company has obtained permission of use.
2. The Company’s consent for the Player to use the Services and/or App is non-exclusive.
3. The Player may not give consent to third parties to re-use the App or any Contents obtained therein.
4. The Player will neither exercise nor apply for the registration or transfer of intellectual property rights or trademark of the App or its Contents.
Article 8 (Acquisition and Use of Information）
1. Upon the Player's use of the App, the Company may acquire personal information (as specified in the Personal Information Protection Law Article 2 Section 1) from the Player.
2. When the acquired data qualifies as personal information, said personal information will be handled by the Company in accordance with its Privacy Policy (published on the official site).
Article 9 (Disclaimer）
1. The Player acknowledges that the contents and/or means of delivery of the Services provided by the company may change from day to day, and that there is no guarantee as to the permanence of said Services' existence, contents, and/or means of delivery.
2. The App is provided as-is, and the Company makes no guarantee of the following items. In addition, use of the App is at the full discretion and risk of the Player.
1. The absence of issues, defects, security flaws, etc. within the App; the completeness or outcome of its Services
2. The absence of infringement onto any and all rights, including intellectual property rights of third parties, etc.
3. The integrity and preservation of save data and/or transmitted information with regards to the tendered Services
4. The App's completeness, stability, validity, credibility, usefulness, suitability to the Player's purpose or circumstances, etc.
3. The Company accepts no responsibility for any damages incurred by the Player on account of unauthorized access, computer viruses, etc., and/or acts of third parties, including maintenance by telecommunications carriers.
4. The Company accepts no responsibility in the event that a dispute should arise between the Player and third parties (including other players), regarding the use of the Services.
Article 10 (Restriction of Account Use, etc.)
We may restrict or suspend your account, or delete your account, if any of the following apply to you. We shall not be liable for any loss or damage incurred by you as a result of such action.
(1) If we determine that you have violated or are likely to violate the TU;
(2) If the provision of the APP is hindered or obstructed by your action(s) for any reason, or if we deem that there is a risk of such hindrance or obstruction;
(3) If it is found that you have had your account restricted or suspended, or deleted by us before;
(4) If we receive a request from you to delete your account;
(5) In other events that we deem you to be unsuitable as a customer of the APP.
Article 11 (Changes, Suspension, or Deletion of the App)
1. At any time and without prior notice to the Player, the Company may change the contents of the App in whole or in part, suspend service of the App, or delete the App completely.
2. The Company may, without prior notice to the Player, suspend App services temporarily or in the long-term, or terminate the App completely, for any of the following reasons."
(i) In the event that continued operation of the App becomes impossible due to natural disasters including large earthquakes, tsunamis, etc.; unforeseen circumstances such as fire and power outages; or occurrences beyond control such as war, rebellion, riots, and labor disputes.
(ii) In the event that continued operation of the App becomes impossible due to maintenance, scheduled or otherwise; congestion of network lines; provider malfunctions, etc. of systems; etc.; necessary for the operation of the App.
(iii) For any reason, other than those prescribed in the previous 2 sections, due to which the Company deems it necessary to suspend or terminate the App
3. The Company assumes no responsibility for any damages incurred to the Player through the change, suspension, or termination of the App, save for reasons attributable to the Company.
Article 12 (Prohibitions)
1. When using the App, the Player will refrain from any and all types of conduct prescribed in the following sections.
(i) Discriminatory, derogatory, or offensive conduct toward any race, gender, sexual identity, etc.
(ii) Actions in violation of legislations; regulations; the Constitution; international law, or any other law; or of these Terms
(iii) The impersonation of the Company as a corporate body, or of persons related to the Company
(iv) The declaration of false information, or the circulation or presentation of false information regarding the Company or any third party
(v) The wrongful collection, storage, or disclosure of the personal information of other Players or persons related to the Company
(vi) Infringement upon the privacy, personal, or intellectual rights of a third party, or the Company
(vii) Suicide, self-harm, criminal or illegal activity, or anything connected to such, or any action that may instigate or assist in such
(viii) The use of the App or any information obtained from the Services for commercial purposes
(ix) The sale or trade of an account or in-game items, Items, game data, etc. for money or the like, both within and outside of the App
(x) Any preparation for or consent to the sales or trades outlined in the previous section.
(xi) Improper use of the App, either alone or with the cooperation of other Players, or through the use of the actions of other players
(xii) Signal interference, or any action that places a considerable load on the servers or networks used to operate the App
(xiii) Unauthorized access, or the impersonation of another Player, such as by the use of another Player's password
(xiv) Disclosing or otherwise making available to a third party other than the Company with willful intention, information about bugs and/or malfunctions within the App
(xv) Actions that disturb the normal functioning of the App, or that may damage the reputation of the Company or the App
(xvi) Any other action determined by the Company to be improper
2. In the event that any of the conditions in the above articles are met, the Company may suspend the Player's account without prior notice, and will take no responsibility for any damages incurred through said suspension.
Article 13 (Indemnification)
1. In the event that the Player breaches any of the stipulations within the Terms, or that the Company incurs any damage on the fault of the Player, the Player will provide recompensation to the Company for all legal fees, within reason.
2. When the Player has incurred damages due to a fault of the Company, the Company will provide recompensation for the applicable damages. When it has been determined that the Company owes a Player indemnity, not including when said damages have been caused by the criminal intent or gross negligence of the Company, said recompensation shall be limited to the amount of money received by the Company from the Player during the month in which the damages occurred, and shall moreover apply only to damages incurred directly due to use of the Services (loss of profit, resulting damages, and any other indirect damages not included).
Article 14 (Transfer of Rights and Obligations)
The Player will not transfer; change the name to; or offer as collateral their standing, rights, or obligations as a Player with regard to the Contract or the Company, in part or in full, to a third party.
Article 15 (Validity and Alteration of the Terms）
1. The Company may revise the Contract at any time, announcing it at a time deemed reasonable by the Company.
2. In the event that the Contract is revised as prescribed in the previous paragraph, excluding when the Company has declared otherwise, a Player who continues using the App after the change is considered to have given their consent to the changes.
3. In the event that one portion of the Terms is rendered void by law, the remaining stipulations of the Terms will maintain their validity.
Article 16 (Governing Law and Jurisdiction)
Paragraph 1. The TU shall be governed by the laws of Japan, and the TU, including its conclusion, validity, interpretation, and performance, shall be interpreted entirely in Japanese. Any matter not provided for in the TU shall be governed by the laws of Japan and shall be subject to the provisions of the Copyright Act, the Civil Code, the Commercial Code, and any other applicable laws and regulations.
Paragraph 2. If a problem arises between you and us regarding the use of the APP, both parties shall consult with each other in good faith to reach a resolution. If a resolution cannot be reached through consultation, the Tokyo District Court shall be the court of exclusive jurisdiction of the first instance.
Established on November 28, 2016
Revised on June 30, 2022
Lifewonders, LLC.