Terms of Use

Effective Date: December 20, 2024

Last Updated: June 12, 2025

The terms of this service agreement (hereinafter referred to as “this Agreement”) are for the “Cygames ID” service operated and provided by Cygames, Inc. (hereinafter referred to as “Cygames”), and include other content related to the “Cygames ID” service (together referred to as the “Services”). Capitalized terms not defined in the text of this Agreement are defined in Article 1.

By using the Services, you (“Customer”) agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, please do not use the Services.

Article 1 Definitions

The following terms are used in this Agreement.

  1. The “Customer” refers to the user of the Services provided under this Agreement.
  2. An “Account” refers to the Customer’s information that is on file with Cygames, and it is the identifier issued by Cygames to identify the Customer.
  3. The “Individual Service Agreement” refers to the terms and conditions which are presented to each Customer, in addition to this Agreement, under names such as “agreement,” “guidelines,” or “policy,” and to which the Customer’s use of the Services is also subject.
  4. “Content” refers to the content that can be used, viewed, and accessed through the Services, and includes text, audio, music, images, videos, software, programs, codes, Customers’ usernames, and other proprietary information.
  5. A “Fee-Based Service” refers to a service or Content that requires the payment of a usage fee by the Customer.
  6. “External Linked Services” refers to game services, communication services and other services developed, operated, and provided by Cygames, Cygames’ affiliates, or third parties designated by Cygames that can be linked to the Services and information and used.

Article 2 Consent to the Agreement

  1. The Customer’s use of the Services and creation of an Account are subject to the Customer consenting to the terms and conditions of this Agreement and the Individual Service Agreement. The Customer agrees to use the Services within the scope set forth by Cygames in accordance with the terms and conditions set forth by Cygames (e.g., age and usage environment).
  2. In the event that the Customer does not consent to this Agreement or the Individual Service Agreement, the Customer shall not be entitled to use the Services and shall immediately cease using the Services. In the event that the Customer has already created the Account, the Customer shall delete the Account.
  3. In the event that an Individual Service Agreement has been established in relation to the Services, the Customer shall use the Services in accordance with the provisions of the Individual Service Agreement in addition to this Agreement.
  4. In the event that there is a discrepancy in the content of this Agreement and the Individual Service Agreement, the content set forth in the Individual Service Agreement shall be applied in preference.
  5. If the Customer has purchased or acquired products or services that can be used in External Linked Services through the Services, the service agreement for the External Linked Services will apply to those products or services.
  6. For users under the age of majority in the country where they live: THE PARENT OR GUARDIAN MUST PROVIDE CONSENT TO THEIR CHILD’S REGISTRATION WITH OR USE OF THE SERVICES. THE PARENT OR GUARDIAN AGREES TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO SUCH CHILD’S USE OF THE SERVICES. Additionally, users under the age of majority may be restricted from using some of the services of the Services.

Article 3 Account and Password

  1. The Customer will ensure that any username selected for the Customer’s Account does not include personal information, does not infringe on any third-party rights, and is not otherwise unlawful. Cygames reserves the right to refuse to grant the Customer a username for any reason, including if it potentially impersonates someone, is vulgar, is otherwise offensive, or may cause confusion. The Customer does not own any rights to the username, and Cygames reserves the right to change or delete any username, with or without prior notice to the Customer, at any time and for any reason in its sole discretion.
  2. The Customer acknowledges that the Customer does not have any ownership or proprietary rights to the Account. The Customer cannot transfer, loan, or pass on any of the usage rights in the Services to a third party.
  3. To create an Account, we may require or request that you provide us with certain information, including personal information. When you decide to provide Cygames with your information, you agree to:
    1. provide accurate information about yourself as prompted by the Account registration process, and
    2. maintain and update your information to keep it accurate and current.
    If any information provided by you is untrue, inaccurate, not current, or incomplete, Cygames has the right to terminate your access to and use of the Services.
  4. Cygames shall bear no responsibility or liability for any issue that arises as a result of a defect or mistake in the information registered by the Customer when the Customer uses the Services, and the Customer releases Cygames from all liability or responsibility for any actions taken which relate to the incorrect information. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF THEIR ACCOUNT.
  5. The Customer shall take all appropriate safety measures against the unauthorized use of the Account by any third party with reasonable care as set forth below.
    • safeguard the confidentiality of the Account’s username, email address and password, and not disclose such information to any third party;
    • secure access to the hardware with which the Customer accesses the Services (e.g., by implementing further passwords necessary to unlock the hardware);
    • safeguard any credit cards or other payment instruments which the Customer uses to effect payment for the Services against any unauthorized use by third parties;
    • in case the Customer has parental authority over a minor,
      • prohibit the minor from using the Customer’s Account, and
      • monitor, on a regular basis, that the minor does not use the Customer’s Account in spite of the prohibition to do so.
  6. Cygames may deem any and all actions taken under the Customer’s Account to be actions of the Customer themselves. The Customer acknowledges that it is the Customer’s own responsibility to ensure that the information registered by the Customer when using the Services is not used in an unauthorized manner by a third party. It is the Customer’s responsibility to resolve any issue that arises as a result of the Customer releasing their Account details to a third party, whether by using national or international media, private correspondence, social media, a service on the Internet, or any other method. The Customer acknowledges that Cygames shall bear no responsibility for any such misuse.
  7. Cygames reserves the right to delete the Customer’s Account and any information the Customer has registered in the use of the Services if the Customer does not sign in to the Services for a period of three years or more.

Article 4 Non Approval

Cygames reserves the right not to grant approval to use the Services to a Customer for which any of the following items applies. Cygames is not obligated to explain the reason for not approving use of the Services.

  1. The information entered by the Customer when creating an Account contains false statements;
  2. The same Customer has made multiple applications to create an Account;
  3. The Customer has previously been suspended from use due to a violation of this Agreement, the Individual Service Agreement, or the terms and conditions of External Linked Services; or
  4. In addition to the preceding items, Cygames deems use of the Services by the Customer to be inappropriate.

Article 5 Changes to the Agreements and Disclaimers

  1. Cygames reserves the right to amend this Agreement and/or the Individual Service Agreement (i) in the event that Cygames considers that amendments need to be made for legal reasons including any changes in laws, (ii) due to technical necessity, (iii) in order to maintain company operations, (iv) for the benefit of the user, and/or (v) if Cygames determines for any other reason, in its sole discretion, that such amendments are required.
  2. Cygames shall inform the registered Customers about the proposed amendment via its website.
  3. Once the amendment of this Agreement or the Individual Service Agreement becomes effective, the objecting Customer must immediately cease using the Services. If the Customer does not expressly object to an amendment of this Agreement or the Individual Service Agreement, or if the Customer uses the Services again after the amended terms and conditions become effective, it shall be deemed that the Customer consents to this Agreement or the Individual Service Agreement as amended.

Article 6 Handling of Personal Information

Cygames shall handle the personal information obtained from the Customer in accordance with the “Privacy Policy,” as set forth separately by Cygames.

Article 7 Limited License of Rights (e.g., Intellectual Property)

  1. The Services are provided for the Customer’s enjoyment, and unless otherwise specified, solely for the Customer’s own personal use. Cygames hereby grants the Customer a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Services and any game or Content included thereunder for the Customer’s own non-commercial entertainment purposes, subject to the Customer’s complete compliance with this Agreement. The Customer acknowledges that the time spent on or using the Services, including and without limitation on any underlying game or Content, is solely for the Customer’s personal entertainment purposes, and that no monetary value can be attributed to such time, and that, except for the license granted herein, the Customer is not entitled under the law to use or have access to the Services and/or the Content.
  2. Between the parties, Cygames shall own all rights and titles in and to (i) the Content, including the text, software, images, programs, trademarks, logos, and any other features of the Content that is part of the Services, and (ii) all code, programming, and any associated patents or proprietary rights related to the Services. This Agreement shall not transfer any rights (e.g., intellectual property rights) relating to the Services to the Customer other than the right to access and use the Services set out in Article 7(1). The Customer acknowledges that Cygames’ intellectual property contained within the Content and the Services is valid and protected in all media existing now or developed later in the future, and acknowledges that the Customer does not acquire any ownership rights in or to the intellectual property.
  3. Cygames does not grant the Customer any express or implied rights or licenses in or to the Services and/or the Content other than what is expressly set forth herein. Furthermore, the Customer may not modify, copy, adapt, reverse engineer, de-compile or otherwise reduce to a human-perceivable format, distribute, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, the Content.
  4. The names, trademarks, service marks, and logos of Cygames belong exclusively to Cygames and are protected from reproduction, imitation, dilution, or confusing or misleading use under trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of the trademarks is expressly prohibited, and nothing stated or implied in connection with the Services grants you any license or right under any patent or trademark of Cygames or any third party.

Article 8 Posts by the Customer

  1. The Customer may post text, sentences, images, and other information (hereinafter referred to as “Posted Content”) within the Services within the scope permitted by the Services.
  2. The Customer shall post Posted Content at the Customer’s own responsibility, after declaring that the Posted Content does not contain personal information, does not infringe on the rights of third parties, and is not otherwise illegal. In the event that a dispute has arisen between the Customer and a third party over the content of Posted Content, the Customer shall resolve the dispute on the Customer’s own responsibility and expense, and Cygames shall not bear any responsibility.
  3. Cygames may use Posted Content posted by the Customer within the Services free of charge without restriction on the period or region of use. In addition, the Customer shall not exercise the Customer’s moral rights against Cygames or any third party designated by Cygames.
  4. If Cygames has determined that Posted Content posted by the Customer is in violation of this Agreement or the Individual Service Agreement, Cygames may delete such Posted Content without notice to the Customer. Cygames is not obligated to explain the reason for deletion.

Article 9 Advertisements

Cygames shall reserve the right to post the advertisements of Cygames or a third party in the Services at the discretion of Cygames.

Article 10 Fees and Expenses

  1. The costs pertaining to the purchase, introduction, and maintenance of a Device, the communication fees (e.g., data usage fees), and all other expenses necessary while using the Services shall be borne by the Customer. The Customer will pay all fees or charges incurred through their Account, including applicable taxes.
  2. Cygames may change the price for functions that are free or fee-based in the Services at its sole discretion. The Customer acknowledges and agrees that the Customer may be unable to use the Services in whole or in part if the Customer does not accept the new price for functions.
  3. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CUSTOMER IS FULLY LIABLE FOR ALL FEES AND CHARGES INCURRED OR MADE THROUGH THE ACCOUNT AND THAT, UNLESS OTHERWISE PROVIDED FOR HEREUNDER OR UNDER APPLICABLE LAW, THERE ARE NO REFUNDS FOR FEES AND CHARGES INCURRED OR MADE THROUGH THE CUSTOMER’S ACCOUNT.

Article 11 Fee-Based Services

  1. It shall be possible to use the Services (except Fee-Based Services) for free, but the Customer may decide to use additional Fee-Based Services.
  2. Fee-Based Services can only be used as long as the Services are provided. After the termination of the Services, the Customer cannot continue to use any Fee-Based Services.
  3. The pricing of the Fee-Based Services shall be described before any purchase can be made. Cygames or a settlement agency will have the right to amend or change the prices prospectively. If a price determined by Cygames or a settlement agency is amended, the amended price shall be displayed.
  4. The Customer shall not be able to transfer items obtained in a Fee-Based Service to another Account or sell or transfer their Account.
  5. If a minor uses the Services, the consent of a legal representative such as a parent is necessary for all use of the Services, including use of Fee-Based Services such as purchase of items and services (including consent to this Agreement and Individual Service Agreements).
  6. If a Customer who was a minor at the time of entering this Agreement or an Individual Service Agreement uses the Services after reaching adulthood, the Customer is deemed to have consented to all agreements relating to the use of the Services through the continued use of the Services.

Article 12 Prohibitions

  1. The Customer shall not commit any of the following acts in relation to the Services, regardless of whether such actions occur inside or outside the Services. In addition, the Customer is prohibited from instructing, inciting, or coercing a third party to commit such acts.

    1. Any act in violation of this Agreement, any act that infringes upon the intellectual property rights or other legally protected rights of Cygames or any third party, criminal acts and other illegal acts, and any act that is likely to constitute or that promotes any of the preceding acts.
    2. Any act that causes discomfort to third parties, such as stalking, making offensive remarks, harassment, posting content that arouses feelings of disgust, etc.
    3. Posting information that contains nudity, pornography, excessive violence, or offensive content, or information that contains links to such content.
    4. Any act that induces or promotes suicide or drug abuse.
    5. Inducing or soliciting others to commit antisocial acts, or providing benefits to or cooperating with antisocial forces.
    6. Political or religious activities, or soliciting people to join political or religious organizations.
    7. Acquiring, disclosing, falsifying, or leaking (or committing acts that may result in the acquisition, disclosure, falsification, or leak of) information that can identify specific individuals (e.g., names, titles, telephone numbers, email addresses, addresses, location information, etc.), or the non-public information, trade secrets, or confidential information of companies, organizations, etc., without the permission of the rights holder or the person, company, or group to which the information relates.
    8. Claiming to be, hinting to be, or otherwise impersonating Cygames, an affiliate company or a related person of Cygames, or a third party; or otherwise registering or posting false information.
    9. Any act intended to make a profit without the permission of Cygames (including the act of soliciting transactions similar to pyramid schemes, etc.)
    10. The unauthorized acquisition of various Content provided by Cygames through the Services (including, but not limited to, Content provided in the Fee-Based Services; hereinafter referred to as “In-Service Content”) or any other rights or benefits available to users in the Services in whole or in part, whether for free or for consideration; or disposing of such contents and rights, etc. by transferring them to a third party, etc. (other than in the manner approved by Cygames); or any act that promotes such acts.
    11. Trading Accounts, In-Service Content, etc. for profit with money, goods, services, or other economic benefits, as well as performing any preparatory acts, including inducing another to trade, making offers to trade, or accepting offers to trade.
    12. Soliciting or inviting, while within the Services, users to use other services (except as approved by Cygames).
    13. Disassembling, decompiling, or reverse engineering the Services; or any act that Cygames deems hinders or may hinder related data (including rights notices), servers, and network systems, such as operating, modifying, acquiring, distributing, publishing, damaging, removing, or gaining unauthorized access to related data (including rights notices), servers, and network systems.
    14. Replicating, transmitting, transferring, renting, translating, adapting, or altering the Services, or combining the Services with other software.
    15. Using, creating, distributing, or selling technical means such as external tools and bots, or modified devices, which are not provided by Cygames and that affect the Services; or any act of using these to manipulate the Services without the permission of Cygames.
    16. Intentionally inducing or utilizing malfunctions of the Services, or using the Services for purposes not intended by Cygames.
    17. Using the Account of another Customer, holding multiple Accounts, or sharing an Account between multiple people without the permission of Cygames; or transferring to a third party or allowing a third party to use an Account, In-Service Content, or part or all of the rights and benefits available to the Customer in the Services in exchange for cash or other assets without the permission of Cygames.
    18. Making unreasonable inquiries or requests to Cygames (e.g., unnecessarily repeating a question or similar questions).
    19. Providing links with the intention of promoting an act that is prohibited under this paragraph with the knowledge that such act falls under any of the items listed in this paragraph.
    20. Any other act that Cygames deems interferes with, hinders, or damages, or may interfere with, hinder, or damage Cygames’ operation of the Services or another Customer’s use of the Services.
  2. Cygames shall reserve the right to take the following measures if Cygames determines that the Customer has committed or is likely to commit an act that corresponds to a prohibited act, or if Cygames determines the Customer’s use of the Services is inappropriate, or if the Customer admits to committing a prohibited act:

    1. Request the Customer to stop the prohibited act and not repeat said act.
    2. Revoke items, rights, or similar things acquired by the Customer and take other punitive measures in the Services.
    3. Suspend the Customer’s use of the Services in whole or in part.
    4. Suspend or delete the Customer’s account in the Services.
    5. Disclose inside and outside the Services the relevant facts of the prohibited acts, including making a report to the police or another public agency in the case that the prohibited act may constitute a criminal case, administrative case, or other case.
    6. Take other measures that Cygames deems to be necessary and appropriate.
  3. Cygames shall reserve the right not to provide Cygames services, including the Services (including refusal to provide services and deletion of registered accounts for other services), to a Customer whose Account has been deleted under item (4) of the preceding paragraph. Cygames may store personal information, etc. to the extent necessary to take such measures.

Article 13 Limitations of the Services

  1. Cygames shall not bear responsibility in the event that the Services are unavailable temporarily or for an extended period, or the Services themselves are suspended or terminated, due to the following causes:
    1. Natural disaster such as an earthquake, tsunami, typhoon, thunder, heavy rain, flood, etc., or force majeure events such as war, terrorism, riots, cyber attacks, revolution, labor disputes, etc.;
    2. Temporary or large-scale maintenance of systems or other equipment necessary for the operation of the Services;
    3. Congestion on the network line or a problem with the network provider, etc.; or
    4. Other disruptions that affect the operation of the Services.
  2. Cygames shall not bear responsibility for any damage incurred by the Customer due to the actions of third parties, such as unauthorized access to the Services, computer viruses, etc.
  3. Cygames shall not bear responsibility for damages (including but not limited to indirect, incidental, special, or exemplary damages; damages for loss of business, loss of data, or lost profits; or damages for wrongful death/personal injury) incurred by the Customer in connection with the Services, including those resulting from the termination or modification of the provision of the Services by Cygames. And in any case, the maximum liability of Cygames for all damage, loss, and causes of action shall be the total amount paid by the Customer to Cygames in the preceding six (6) months related to the Services.
  4. Cygames does not guarantee the safety, legality, etc. of third-party websites that can be accessed via links from the Services, or of products and services provided by third parties in relation to the use of the Services. Cygames is not responsible for any problems, promises, guarantees, etc. between the Customer and advertisers of advertisements placed on the Services, or for any losses or damage incurred by the Customer as a result.
  5. Cygames shall not bear responsibility for damage incurred as a result of the Customer applying alterations, modifications, technical characteristics, etc. to the hardware or software of any devices and then not being able to properly use the Services. In addition, Cygames shall not take any action in this situation, such as restoring the Customer’s use of the Services.
  6. Cygames does not guarantee the permanence of the information that the Customer has registered for the Services and shall not bear responsibility for any damage incurred by the Customer due to the Customer personally losing or forgetting registered information. In addition, Cygames shall bear no obligation to take any action in this situation, such as restoring the Customer’s use of the Services. The same shall also apply in the event that the Customer loses any registered information due to unauthorized use, loss, theft, failure, or any other reason in regard to the device used for the Services.
  7. Cygames shall bear no obligation to respond to or take any action in response to any inquiries, ideas for improvement, or other suggestions or feedback from the Customer pertaining to the Services, etc. Any such response or action shall be at Cygames’ own discretion.
  8. The Customer shall use the Services at the Customer’s own risk and discretion. Cygames’ services and the Content are provided “as is” and without any guarantee as to the accuracy, completeness, correctness, validity, applicability, utility, or availability of the Services, either express or implied. Cygames does not guarantee the availability or accessibility of the Services at any time or place chosen by the Customer, or compatibility of the Services with the Customer’s intended use or the device used by the Customer (including devices recommended or presented as recommended devices or recommended user environments within the Services). Cygames shall bear no obligation to repair bugs, etc. in the Services or to reform or improve the Services.
  9. Cygames does not guarantee that the registered information, etc. from the Customer’s previous device will be transferred to the new device when the Customer replaces the device used to access the Services with a new device due to repair or model change, etc., except in cases where Cygames specifically specifies otherwise. The same shall also apply in the event the Customer has deleted the Account information from their device, and to the transfer of registered information, etc. when using the Services again.
  10. No communication of any kind between the Customer and Cygames constitutes a waiver of any limitations of liability hereunder or creates any additional warranty not expressly stated in this Agreement.
  11. The contents stipulated in this article shall be effective to the maximum extent permitted by applicable law.

Article 14 Provision of Service

  1. Cygames reserves the right to change, suspend, or terminate at its discretion the Services and all the services provided using the Services.
  2. If the Services are terminated under the preceding paragraph, the Customer cannot access the Customer’s Account once the Services are terminated.
  3. The Customer is not entitled to a refund, return, or other repayment in circumstances where there has been a cancellation by the Customer of the Fee-Based Services other than to the extent that any such refund, return, or other repayment is required by applicable laws or regulations.
  4. Notwithstanding any provision to the contrary herein, the Customer agrees that the Customer has no right or title in or to any Content, or Game Items, whether earned in the game or purchased from Cygames, or any other attributes associated with an Account or stored on the Services. THE CUSTOMER AGREES THAT GAME ITEMS HAVE NO CASH VALUE AND THAT CYGAMES HAS NO OBLIGATION TO EXCHANGE GAME ITEMS FOR ANYTHING OF VALUE. IF THE CUSTOMER’S ACCOUNT IS TERMINATED, OR SUSPENDED, GAME ITEMS AND THE ACCOUNT SHALL HAVE NO VALUE. Game Items may not be transferred, licensed, or sold.
  5. To the extent that it is not inconsistent with the laws or regulations, Cygames has the right to modify or eliminate Game Items as it sees fit and in its sole discretion, and it will only be liable to the Customer for the exercise of such rights in cases of willful misconduct and gross negligence.

Article 15 Termination

  1. The Customer may withdraw from the Services at any time by deleting their Account within the Services in the prescribed manner.
  2. If the Customer withdraws from the Services, all outstanding obligations owed by the Customer to Cygames at that time shall be fulfilled immediately by the Customer.
  3. The Customer agrees that the Customer will lose any Content remaining at the time the Customer withdraws from the Services, such as the Customer’s Account information, purchase history, and any and all other information.
  4. If the Customer withdraws from the Services, Cygames will have no liability to the Customer for any time spent by the Customer or Game Items acquired by the Customer.
  5. Cygames shall bear no obligation to retain any information (e.g., personal information) of a Customer who has withdrawn from the Services or to restore such information.
  6. The provisions of the preceding four paragraphs shall also apply in the case that Cygames has taken measures to delete the Customer’s account as specified in Article 12(2), item (4).

Article 16 Indemnity

The Customer agrees to reimburse Cygames for all damages resulting from the violation of this Agreement. The Customer releases Cygames from any third-party claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) that third parties may incur as a result of or arising from the Customer’s violation of (i) this Agreement; (ii) any law or regulation; or (iii) a third party’s proprietary or intellectual property right.

Article 17 Prohibition on the Transfer of Rights and Obligations

You shall not resell or assign your rights, duties, or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Cygames, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns, and/or licensees. Without limiting the foregoing, we may sell, transfer, or otherwise share some or all of our assets with any parent company, subsidiary, joint venture, and any company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy.

Article 18 Validity of This Agreement

  1. If any part of this Agreement or the Individual Service Agreement is or becomes invalid or unenforceable, the rest of this Agreement and the Individual Service Agreement shall continue to apply and be binding, and any invalid or unenforceable term will be substituted with a valid and enforceable term that reflects Cygames’ intent as closely as possible.
  2. This Agreement and the Individual Service Agreement comprise the entire agreement between parties relating to the subject matter, and (except in the case of fraud or a fraudulent misrepresentation) supersedes all prior understandings of the parties relating to the subject matter of this Agreement and/or the Individual Service Agreement, whether those prior understandings were electronic, oral, or written, or whether established by custom, practice, policy, or precedent, between the parties.

Article 19 Force Majeure

Cygames is not and shall not be liable for any failure to perform its obligations hereunder due to external, unforeseeable, and irresistible circumstances, such as changes or problems caused by natural disasters, war, terrorism, riots, cyber attack, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures (including network infrastructure failures related to the platform on which the Services are provided), strikes, pandemics (including government requests relating to a pandemic), or shortages of transportation facilities, fuel, energy, labor, or materials.

Article 20 Governing Law and Jurisdiction

Before bringing a formal legal case, the Customer should contact Cygames’ customer support team. Most disputes can be resolved that way. This Agreement shall be governed in all respects by the laws of Japan. The Customer agrees that any claim or dispute the Customer may have against Cygames must be resolved exclusively by the Tokyo District Court in Japan. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the region in which the user resides in shall remain unaffected by this choice of law.

For residents of the United States, the following shall apply in place of Article 20:

PLEASE NOTE THE DISPUTE RESOLUTION PROCEDURES (DEFINED BELOW), WHICH, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST CYGAMES ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

Choice of Law & Forum

This Agreement is governed by the laws of Japan, without resort to the conflict of laws principles of any jurisdiction. You further agree that any Disputes (defined below) not subject to arbitration pursuant to the Dispute Resolution Procedures shall be resolved by Tokyo District Court and you agree and submit to the exercise of personal jurisdiction of such court for the purpose of litigating any such claim or action.

Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the Dispute Resolution Procedures shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

Dispute Resolution Procedures

If there is any controversy, claim, action, or dispute arising out of or related to your use of our Services, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), you and Cygames agree to resolve the Dispute through the following procedures (the “Dispute Resolution Procedures”), even if the Dispute arose prior to the Effective Date of this Agreement.

  1. Informal Dispute Resolution

    You and Cygames agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).

    All Dispute Notices must: (i) be signed by the Complaining Party; (ii) include the Complaining Party’s name, physical address, and email address; (iii) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim; and (iv) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Cygames. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.

    Dispute Notices shall be sent:

    1. to Cygames: at the email address ; and
    2. to Customer: by first class or certified mail to the physical address we have on file for you (if any) and by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.

    You and Cygames agree to attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Cygames (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Cygames will participate in the Conference through one or more representatives, which may include our counsel.

    Both you and Cygames agree that the foregoing informal dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation or otherwise filing any claim against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction may enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the Dispute.

  2. Individual Arbitration

    IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND CYGAMES AGREE THAT SUCH DISPUTE SHALL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT NEITHER PARTY WILL HAVE, AND WE EACH HEREBY WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE ITS CLAIMS, AND THAT NEITHER YOU NOR CYGAMES IS PERMITTED TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS.

    All such Disputes shall be exclusively submitted to JAMS (https://www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by these Dispute Resolution Procedures) before one arbitrator to be mutually agreed upon by both parties (a Dispute submitted to JAMS for arbitration being a “Demand for Arbitration”). The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (the “Minimum Standards”) if (and only if) it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute.

    The Minimum Standards are available at www.jamsadr.com/consumer-minimum-standards. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to (a) have the arbitration conducted solely on the basis of the documents submitted to the arbitrator or (b) hold a hearing by teleconference or videoconference. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable. For the avoidance of doubt, you and Cygames agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of these Dispute Resolution Procedures or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator, if any, may be confirmed and enforced in a court of competent jurisdiction.

  3. Mass Arbitration

    This Section 3 of the Dispute Resolution Procedures applies to Mass Arbitrations (defined below) and supersedes any provision to the contrary in this Agreement.

    If you or Cygames files a Demand for Arbitration that is one of fifty (50) or more similar Demands for Arbitration filed against the other party (i.e., against you or Cygames, as applicable) by parties represented by the same law firm or law firms acting in coordination (“Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Procedures”). The Mass Arbitration Procedures are available at www.jamsadr.com/mass-arbitration-procedures.

    You and Cygames agree that, in the event of a Mass Arbitration, any issues arising under or relating to (i) the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable, or (ii) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of these Dispute Resolution Procedures or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.

  4. Exceptions

    Notwithstanding any other provision of this Agreement, you or Cygames may (i) bring an individual claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (ii) file an individual claim in court to (i) enjoin the infringement or other misuse of its intellectual property rights or (ii) seek a declaration that the other party is in breach of this Agreement. You and Cygames agree that any claims referenced in the preceding sentence must be brought and maintained on an individual basis.

    In addition, nothing in this Agreement prohibits you or Cygames from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

Article 21 Severability

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement.

Article 22 No Waiver

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Cygames does not exercise or enforce any legal right or remedy which is contained in this Agreement or the Individual Service Agreement (or which Cygames has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Cygames’ rights, and all such rights or remedies shall still be available to Cygames. Any waiver must be in writing and signed by both parties to be legally binding.

Article 23 Consumer’s Rights

For residents of California, the following shall apply:

Under California Civil Code Section 1789.3, residents of California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact Cygames at (email).

For residents of South Korea, the following shall apply:

Refund of Fee-Based Services

  1. Notwithstanding Article 14(3), the Customer may cancel any Fee-Based Service and demand a refund within seven (7) days from the purchase date or the start date of the Fee-Based Service; provided, however, the Customer will not be entitled to a refund in any of the following cases:
    1. the goods or services are lost or damaged due to a cause attributable to the Customer;
    2. the Customer has used or partially consumed the goods or services;
    3. the resale of the goods or services is difficult due to the passage of time;
    4. the packaging of reproducible goods or services is damaged;
    5. the provision of Services or digital content has begun (excluding the parts that have not yet begun to be provided in the case of a contract consisting of divisible Services or divisible digital content.); or
    6. any other reason stipulated by law to ensure the secure transaction of the product.

    In the event that the Customer may not cancel a Fee-Based Service for reasons 2 through 5 above, Cygames shall take measures to ensure that the Customer is not blocked from exercising the cancellation right by clearly indicating such fact on the product’s packaging or another location that is easily noticeable by the Customer, or providing a test sample of the product to the Customer.

  2. Notwithstanding the provision above, if the contents of the Fee-Based Service are different from the labeling, advertisement, or terms of the agreement, the Customer may cancel a Fee-Based Service within three (3) months of the purchase date or start date of the Fee-Based Service, or thirty (30) days from the date on which the Customer realizes or could have realized a discrepancy.
  3. In the event the Customer cancels any Fee-Based Service, Cygames shall immediately withdraw/delete the Fee-Based Service and refund the payment for the Fee-Based Service made by the Customer within three (3) business days of withdrawal/deletion; provided, however, if any of the cancelled products or Services have been already used or consumed in part by the Customer, Cygames may only refund the amount remaining after deducting the value of the Fee-Based Service that has already been used or consumed by the Customer.

For residents of France, Germany, Spain, Italy, and the United Kingdom, the following shall apply:

Right to Withdrawal and Instructions for the Right to Withdrawal

You have the right to withdraw from any purchase within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day you enter the contract for any purchase.

To exercise the right to withdrawal, you must inform us of your decision to withdraw from the contract with a clear statement (e.g., a letter sent by mail, fax, or email). You may use the Model Withdrawal Form below, but it is not obligatory. We will confirm the receipt of your withdrawal without undue delay on a durable medium.

To meet the withdrawal deadline, it is required of you to send your request concerning the exercise of your right to withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from any purchase, you will still need to pay for any services provided up to the time you withdraw, but we will reimburse you for the balance of all payments we have received from you for the purchase after deducting such amount.

We will make the reimbursement without undue delay and no later than 14 days after the day on which we are informed about your decision to withdraw from this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Early Expiration of the Right to Withdrawal

In relation to purchase of Game Items, the right to withdrawal expires if you commence using the Game Items after you have expressly consented to such commencement prior to the expiry of the withdrawal period, and you have acknowledged that by this consent you lose your right to withdraw.

Model Withdrawal Form

(If you want to withdraw from the contract, please complete and return this form.)

  • To Cygames, Inc.:

    I hereby give notice that I withdraw from my contract [for the supply of the following digital content/for the provision of the following service]:

  • Ordered on:
  • Name of Customer(s):
  • Address of Customer(s):
  • Signature of Customer(s) (only if this form is notified on paper):
  • Date:

The following shall also apply for residents of France, Germany, Spain, Italy, and the United Kingdom:

  • The limitations of liability and waiver of damages in Article 13(3) are not applicable.
  • Notwithstanding Article 13(8) and subject to certain exceptions,
    1. under applicable consumer law, the Customer may be entitled to a refund if Services are not as described or of satisfactory quality; and
    2. under applicable consumer law, the Customer may be entitled to a repair of the Device or compensation if the Customer can show the fault of Services has damaged the Device and Cygames did not use reasonable care and skill.
  • Article 20 shall not prohibit the Customer from bringing a claim or dispute against Cygames in the country of the Customer’s habitual residence.
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