Terms of Service

This Terms of Service (hereinafter “Agreement”) applies to all games, websites, contents and related services in conjunction with this service (hereinafter collectively referred to as “service”) provided by Nestopi, Inc. (hereinafter “Company”). This Agreement includes the terms and conditions of the Privacy Policy (hereinafter “Privacy Policy”) established by the Company posted separately.

By installing and/or accessing the service, the user has understood and agreed to the Agreement. If the user is considered a minor in the country or region of residence, by installing and/or accessing the service, the parent and/or legal guardian of the user will be regarded as understanding and agreeing to the terms of the Agreement and the Privacy Policy. If the user or the parent and/or guardian do not agree to the terms of the Agreement, please do not install, use or otherwise access the service.

1.Range of Terms

All methods of use, rules, and any other regulations regarding the service stipulated by the Company, regardless of naming, shall constitute a part of this Agreement.

2.Agreement Changes

The terms of this Agreement and this Privacy Policy can be changed at any time by the Company and shall become effective upon publication on the official website of the Service or the Company operated by the Company. In the event of changing this agreement or the Privacy Policy, the Company will notify users of the change details, and if the users use this service after the notice of such changes, the users agree to such changes.

3.Definition

• ・“User” means customers (including parent and/or guardian of customers who are minors) of the service, who have understood and agreed to the Agreement.
• ・“Account” means any information created by any user that utilizes the service. This includes any IDs or passwords associated with the account.
• ・“Content” means (but not limited to) any texts, images, audios, videos, etc. that can be viewed by the public or other users by using the service.
• ・”Provided Content” means the contents provided by the Company to users through the service.
• ・“User Content” means any content created or duplicated by the user or another user through the service.
• ・“Linked Services” means any services (other than the Service) offered by the Company or a third party that can be linked to the service.
• ・“Measures concerning Suspension of Use” means the restriction, suspension, deletion, etc. of all or part of any accounts, provided contents, user contents, and other information or the measures of the limitation, suspension, termination of the service.

4.Personal Information Protection

Personal information provided by the user to the Company through the service will be handled based on the Privacy Policy. By using the service, the user agrees to the Company’s handling of such personal information.

5.Terms of Use

Users shall use the service pursuant to the Agreement.

Users who are considered minors in the country or region of residence and are using the service have verified that their parent and/or guardian has verified and consented to the Agreement and the Privacy Policy.

Preparation and maintenance of equipment, communication lines and other environments necessary for the use of the service shall be carried out at the user’s expense burden and responsibility. Contents of the service may be partially restricted due to conditions such as the user’s equipment and communication environment.

6.User Responsibility

Users shall use this service at their own risk and shall assume all responsibility for all acts done in this service and the results thereof.

Any damages to the Company or a third party by the use of this service by the user, the user shall indemnify the damage with the user’s own expenses.

7.Consent of Use

Subject to the user’s agreement and continuing compliance with the Agreement and any other policies by the Company, the Company grants the user a non-exclusive, personal, non-transferable, non-sublicensable, revocable access and use of the service. The company assumes the purchase, exchange, or other similar expressions of the provided contents within the Agreement and the service, means the user is granted the right, unless understood differently in the context, to use the provided contents.

8.In-game Currency

Users may purchase, a non-exclusive, personal, non-transferable, non-sublicensable, revocable in-game currency (hereinafter “in-game currency”) with legal currency. Parents and/or guardians of users who are considered minors in their country and/or region are assumed to have consented to the user’s purchase in advance.

In addition, the Company may offer opportunities to acquire, distribute, or otherwise obtain the in-game currency for free or as a bonus (hereinafter “free in-game currency”). To avoid doubt, free in-game currency is legally treated as not being deemed as “purchased in-game currency” (hereinafter “paid in-game currency”) and is managed separately from paid in-game currency. The Company will prioritize the paid in-game currency when users use the in-game currency. The amount of in-game currency in possession can be confirmed within the service with the breakdown of the paid in-game currency and the free in-game currency.

The in-game currency does not have any monetary value and cannot be exchanged for legal currency or other valuable resources outside the service.

If a user’s account has been suspended, terminated, deleted, etc., the user’s in-game currency will disappear with the user’s right to use the service.

The Company reserve the right to change, modify, suspend, etc. concerning the consideration, use, etc. of the in-game currency without prior notice at the discretion of the Company. The Company or any third party will not be held liable for any disadvantages or damages caused to the user by exercising these rights.

In-game currencies are non-refundable unless when required by applicable law and regulations.

Paid in-game currencies can only be used with the account and the Operating System the in-game currency was purchased. Free in-game currencies can be used with the account the free in-game currency was delivered to even with a different Operating System.

Users shall pay the consideration of the in-game currency in accordance with the separately determined payment terms by the payment processor (hereinafter “Payment Processor”) that the Company uses for payment processing.

Users shall agree not to cancel or invalidate the fee requested related to the purchase of the in-game currency and not to practice fraudulent acts to the Company. In the event that a user refuses to pay the amount requested, the Company reserve the right to take measures such as the deletion or suspension of provided contents the user has purchased in the past.

If a dispute should arise between a user and the Payment Processor regarding payment, the user will be responsible for resolving the dispute. The Company shall be exempted from such dispute at the maximum limit permitted by applicable laws and regulations.

9.Subscription

By using the subscription billing feature provided by the Payment Processor, the Company grants the user a limited, non-exclusive, personal, non-transferable, non-sublicensable, and revocable use of the subscription service (hereinafter “subscription service”) by the Company within the Service. Concurrently, the user agrees to the automatic charge of the monthly fee for the subscription service. Parents and/or guardians of the users who are considered minors in their country and/or region are assumed to have consented to the user’s use of the subscription service and the automatic charge of the monthly fee for the subscription service.

Users who wish to cancel the automatic renewal of the subscription service must go through the automatic renewal cancellation procedure according to the procedure set by the Payment Processor at least 24 hours before the expiration date of the subscription service. Note that once the subscription period expires, the content provided by the subscription service can no longer be used. If the user loses the eligibility to use the service regardless of the deletion or suspension of the user’s account or any other reason, the user will not be able to use the subscription service due to the loss of the right to use the service. In this case, the user will need to cancel the automatic renewal of the subscription service according to the procedure set by the Payment Processor. As long as the cancellation procedure is not completed, the user will be charged for the automatic renewal. Under no circumstances will the Company be able to refund the fee for the subscription service.

The Company reserve the right to change, modify, suspend, etc. the fees and usage of the subscription service without prior notice at the discretion of the Company. The Company will not be held liable for any disadvantages or damages caused to the user by exercising these rights. Users shall agree not to cancel or invalidate the fee requested related to the subscription service and not to practice fraudulent acts to the Company.

In the event that a user refuses to pay the amount requested, the Company reserve the right to take measures such as the deletion or suspension of provided contents the user has subscribed to in the past. If a dispute should arise between a user and the Payment Processor regarding payment, the user will be responsible for resolving the dispute. The Company shall be exempted from such dispute at the maximum limit permitted by applicable laws and regulations.

10.Account

Accounts utilized with the service can be identified and restored or migrate terminals with linked services or methods specified by the Company (hereinafter “Account Protection”).

A user’s account must be protected beforehand for the Company to identify and/or restore a loss account due to certain circumstances (loss of a device, resetting of a device, changing the model of a device, deletion of the service, etc.).

The Company may fail to identify one’s account due to certain circumstances (inaccurate registration information, unlinking services after protecting an account, etc.) even if the account was protected in advance. If the Company determines that the user fails to identify one’s account, the Company can, in the Company’s sole discretion, refuse to restore the user’s account even if protected and will not be held responsible for any reason. In addition, for damages due to insufficient account management, error in use, use by a third party, etc., the Company will not take any responsibility.

11.Intellectual Property Rights of the Service and Provided Contents

Users acknowledge and agree that the Company or any third party licensed to the Company may collect, hold, or use all copyright, authorship rights, patents, trademarks, and other intellectual property rights and other rights in accordance with the service and provided contents. The Company allows users to use the provided contents to the extent necessary for users to use the service. However, the Company does not transfer or grant rights similar to ownership right that the Company can use freely, profit, or dispose of.

12.User Contents

Through the service, the Company, and third parties, and users may send, receive, or otherwise share user contents which were created, edited, copied, altered, etc. (hereinafter “user contents created by a user”) by other users.

In the case where a user content created by a user is copyrighted (including the rights specified in Article 27 and 28 of the Copyright Law, the same shall apply hereinafter) by the user, the copyright belongs to the user. However, the user shall grant the Company or a third party designated by the Company a non-exclusive, permanent, irrevocable right (without any obligation on the part of the Company) the right to use, view, copy, etc., the user content created by the user to the extent necessary for the provision, improvement, or use, etc., of the service.

Users shall agree that users are responsible for maintaining or managing all rights relating to the user content users created themselves and the user contents do not intend to violate the Agreement and infringe any third party’s rights or interests. If damages are filed against the Company by a third party due to the user content created by a user, the user shall agree to compensate the Company for all damages done to the Company.

Users acknowledge that there is a possibility that a third party may report or inquire about user contents created by users that the Company may view, confirm, edit, delete, monitor at the discretion of the Company (including notification and information provision to the police, court and other government agencies). In addition, the Company is not obliged to monitor, edit, delete user contents for any third party including the user, but the Company is not responsible for conformity (including the legality, morality, relevant intellectual property rights, and other equivalent rights).

If the Company applies Article 4 of the Telecommunications Business Law concerning any user content, the Company will maintain the confidentiality of users’ communications under the Article. However, the Company can view, delete, or provide information related to users’ communications for the following:

• (1) when a compulsory disposition or a court order is issued pursuant to the provisions of the Act on Criminal Procedure Act or Communication Entry for Criminal Investigation
• (2) when an administrative punishment based on laws a regulation has been conducted
• (3) in cases where the Company determines that the requirement of disclosure request under Article 4 of the Act on Limitation of Liability of Specified Telecommunications Service Provider and Disclosure of Caller Information is satisfied
• (4) in cases where the Company determines that it is necessary for the protection of human life, body or property
• (5) in cases where the Company determines that is necessary to operate the service
• (6) upon users’ consent (this includes a report from the recipient user)

13.Code of Conduct

In using the service, users shall not perform any act that falls under or similar to any of the following by users or a third party.

• ・the act of slander, fraud, intimidation, or obstructing work against the Company, other users, or other third parties
• ・the act of causing nuisances, harassment, other mental damage or economic damages to the Company, other users, or other third parties
• ・the act of infringing or destroying intellectual property rights, portrait rights, honor, credit, other rights or interests of the Company, other users, or other third parties
• ・the act of causing third parties to use the service regardless of charge or free of charge
• ・the act of obtaining profits related to the service in ways not intended by the Company, whether inside or outside the service
• ・the act of reverse engineering and other source code analysis of the service
• ・the act of using errors, bugs, defects, etc. of the service to one’s advantage
• ・the act of interfering with the management of the Service, such as an attempt for unauthorized access to any other computer system or network connected to the Service or causing excessive burden to the Service’s system
• ・the act of developing and/or using BOTs, cheat tools, and/or other technical means to fraudulently use the service
• ・the act of intentionally publishing or posting false data, etc.
• ・the act of impersonating any third party including another user or the Company
• ・the act of advertising, promoting or other soliciting methods to any third parties, including other users, or the Company
• ・the act of crime, criminal threats, or crime instruction which might raise criminal acts
• ・the act of using the Service contrary to public order and morals
• ・the act of using the Service for the purpose of sexual conducts or obscene acts and/or meeting a user or any third party for sexual encounters
• ・the act of sending obscene information or harmful information to adolescents
• ・the act of promoting of violating laws, court rulings, decisions or orders, or administrative measures that are legally binding
• ・the act that violates the Agreement and other terms as prescribed by the Company, requests, orders, and mandatory measures separately made by the Company;
• ・the act that falls under any of the following:
• (a) expressing violence and/or discrimination
• (b) expressing political and/or religious claims
• (c) obscene and/or sexual expressions
• (d) intending to meet with other users
• (e) expressions that cause physical or mental damage
• ・any other acts the Company deems inappropriate.

14.Measures concerning Suspension of Use

If the Company decides that a user falls under or applicable to any of the following violations, the Company may at the Company’s sole discretion and without notice, take measures such as the suspension of the use of the Service. However, the Company is not obligated to prevent or correct such violations.

• ・in the event of breaching the Agreement and other conditions prescribed by the Company concerning the Service
• ・in the event of a user considered a minor in the country and/or region of residence, who have registered without the consent of a parent and/or guardian
• ・the failure to reply to the Company’s inquires within 30 days of delivery
• ・when 180 days have passed since the last access to the service
• ・when it is necessary for the operation or the maintenance management of the service
• ・other actions that are deemed inappropriate by the Company

If the Company determines a user falls under the preceding terms, the Company may request the user to cancel or correct such act, and the customer is obligated to comply with the request within the period specified by the Company.

In the event that the Company deletes a user’s account, all usage rights of the user to the Service shall be extinguished immediately, irrespective of any reason.

The Company is not responsible for any loss/damages caused to the user by the suspension of use.

The user is not relieved from any obligation of the Company’s or the third party’s Agreement even after the user’s suspension of the use of the Service.

The Company may still possess and use any user information (including user content) provided in connection with the Service after a user’s suspension of the use of the Service.

15.Compensation

Users agree to indemnify, defend, and hold the Company harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses arising out of or in connection with the use of the service. Users shall cooperate with the Company in the defense of any claims.

16.Disclaimer

Users acknowledge the matters listed in the following items in advance.

• ・The service is offered “as is” and “available” without any warranty that there are no defects such as errors, bugs, security defects, no infringement of the rights of third parties. The Company shall not assume any warranties concerning that it has the commercial value expected by all of its products, that it operates in all equipment or all circumstances, conforms to laws and regulations applicable to the user’s internal rules, etc.
• ・The Company is not responsible for any disadvantages or damages caused to users due to any changes or the termination of the Service.
• ・The Company is not responsible for any disadvantages or damages caused to users due to the use of the Service by users.
• ・The Company shall not be liable for any disadvantages arising out of unauthorized access to the data, disruption of the Service, interruption, delay, delay, cancellation, data erasure, etc. caused by the Company’s or the users’ equipment, communication line, computer system, etc.
• ・In the event of a dispute between users, the users must notify the Company and resolve it at the users’ own risk and expenses. The Company is not obligated to engage and/or not responsible for disputes between users.
• ・Possibility of the usage of all or a part of the service may be restricted due to changes in policies or conditions of the platform that provides the Service.
• ・Despite the disclaimers provided above, if the Company assumes liability for damages under the law applicable to a user, the scope of liability is limited to the normal damage directly to the user, and the extent of lost profits and other special damages shall not be included. In addition, the total sum of damages will be limited to the total amount paid by a user for the service or 10,000 yen, whichever is lower except as otherwise required by applicable law.

17.Linked Services

In using the linked services, users in addition to the Agreement must comply with the terms and conditions applicable to linked services.

Third parties that provide linked services will bear the responsibility for the services provided by third parties that are made available through linked services. The Company does not assume any guarantee concerning services provided by third parties and the Company is not responsible for any disadvantage or damage caused to users. In addition, when using a service provided by a third party, it shall comply with the terms of use and other conditions stipulated by the third party to use the service.

The Company is not responsible for any third party services. Third party services are not reviewed or monitored by the Company and may be subject to separate terms and conditions. The user’s access and use of third party services is the user’s own risk.

18.Confidentiality

“Confidential Information” as used in the Agreement means any information relating to the Service, where the user has been provided disclosed by the Company from the Company in writing oral or in recording media, or the Company’s technology, sales, operations, finance, organization, and other matters. However, information that is publicly available is excluded.

Users shall use confidential information only for the purpose of using the Service and shall not disclose the Company’s confidential information to third parties without the Company’s written consent.

Users may disclose confidential information if required or requested to do so by law, court order, or other government or law enforcement authority. However, in the event of such order, requirement or request, the user must promptly notify the Company.

In the case of copying a document, magnetic recording medium, etc., containing confidential information, the user shall obtain such information by written consent from the Company in advance and strictly manage the copies of confidential information.

Whenever requested by the Company, users shall return or discard the written or other recording medium materials containing confidential information and all copies thereof without delay.

19.Assignment of the Agreement

Users may not assign, transfer, set up security, or otherwise dispose of any right or obligations under the Agreement to any third party without prior written consent from the Company.

In the event that the Company transfer the business pertaining to the Service to a third party (business transfer, company division or any other form of any other aspect), users agree in advance that the rights and obligations under the Agreement, user information, and user content can be transferred to the assignee of the assignment.

20.Termination of the Service

The Company can terminate the provision of the Service for the Company’s convenience. In this case, the Company will notify users in advance.

The Company can cancel a user’s account by notifying the user by the method specified by the Company at least 30 days in advance.

The Company is not responsible for any damages caused to the user based on the measure taken by the Company under this section.

21.Language

Users agree to treat the Agreement prepared in the Japanese Language as the master copy and the Agreement in the Japanese Language shall prevail when there is any inconsistency between other languages. Any translations in other languages are for reference only and are not binding on the user or the Company.

22.Applicable Law/Jurisdiction

The Agreement is interpreted in accordance with Japanese law. In disputes between the Company and the users, the Tokyo District Court shall be the exclusive jurisdiction court of trial.