KAYAC Inc. Casual Games
Terms of Use

These Terms of Use describe the terms under which you are supposed to use Casual Games, an application planned and managed by KAYAC Inc.(the "Company") and hereinafter referred to as the "App." You must agree to these Terms of Use to start using the App. Once you download, install, or use the App, you shall be deemed to have agreed to all the provisions of these Terms of Use.

1. Precautions for Use

1.1. You must use the App in accordance with these Terms of Use. If you do not agree to these Terms of Use, you must promptly stop using the App and delete it from your device.

1.2. You need to arrange at your own expense an Internet access line, such a device as a cellular phone, smartphone, or tablet (collectively referred to as a "device"), and other equipment necessary to use the App.

1.3. If you are under age, you must obtain consent from a parent or guardian with regard to all your expected use of the App.

2. Modification and other measures to the App

The Company has the right to make a modification, addition or change to the App, suspend or terminate the App, entrust its management to a third party, or sell and transfer the App to a third party at any time for any reason at its own discretion without any notice to you. If you suffer damage from the Company’s exercise of the said right, the Company shall not assume any liability for such damage.

3. Handling of Personal Information

3.1. The Company protects your personal information with the utmost care and attention.

3.2. Please consult the Privacy Policy for the details of the Company’s view on privacy.

4. Matters to Which You Must Agree

You must agree to the following:
(1) The Company may post advertisements of itself and third parties on the App;
(2) You may use services other than those of the Company via a link or the like on the App only if you use them on your own responsibility; and
(3) The Company may aggregate and analyze data containing no personal identifier that are obtained as a result of your browse, use, etc. of the App or any advertisement displayed on it, and use the analysis results for business development and marketing at the Company, third parties with their advertisements posted on the App, and other companies in business partnership with the Company, as well as for improving or upgrading the App.

5. Disclaimers

5.1. You must use the App on your own responsibility. The Company shall not be liable for any act committed using the App and any result of it.

5.2. The Company shall not be liable for any maintenance, functional modification and bug correction in relation to the App, as well as for any technical support provided to you.

5.3. The Company shall not be obligated to monitor you for any unauthorized or improper use of the App.

5.4. The Company shall not assume any liability for any data provided to you by and in connection with the App, including any warranty of their integrity, accuracy, reliability, usefulness, legality, morality, etc.

5.5. Any content of an advertisement posted on the App shall be a responsibility to its advertiser, and any judgment on the authenticity of the content must be made on your own responsibility regardless of whether you are still on the App or already transferred to the advertiser’s site. The Company shall not be liable for any matter resulting from such judgment.

5.6. The Company shall not be obligated to compensate for any damage caused by downloading from or computer virus infection through the App or a website of a third party (including a business partner or advertiser of the Company).

6. Prohibited Acts

6.1. You must not commit any of the following acts or an act that may lead to any of the following:
(1) An act in breach of the law or offensive to public order and morals;
(2) An act that constitutes a criminal offense in whole or in part;
(3) An act that infringes any patent, utility model right, design right, trademark right, copyright, technical or business know-how, or other right of the Company or a third party, or any right based on those rights, such as a license, of the Company or a third party;
(4) An act of registering the name of an existing third party, whether a person or an organization;
(5) An act of pretending to be another user or a third party to use the App;
(6) An act of using the App without the consent of a parent or guardian, if you are under age;
(7) An act of using the App for profit without the permission of the Company;
(8) An act of buying and/or selling in a real currency any content or function of the App, the operation of such a function, or any other matter related to the App;
(9) An act of putting a significant load on a server and/or network used for the App;
(10) An act of using a cheat tool, bot, and/or other technology to operate the App without authorization;
(11) An act of deliberately using a bug that occurred in the App;
(12) An act of copying and/or altering the App in whole or in part, and/or reverse-engineering the App in any way including decompiling;
(13) An act of redistributing the App to a third party; and
(14) Other acts that the Company considers inappropriate.

6.2. If you commit any of the acts listed above or violate any provision of these Terms of Use, the Company may take such action as restricting, suspending, or prohibiting your use of the App that the Company considers appropriate.

6.3. If you have trouble with another user or a third party by committing or undergoing any of the acts listed in paragraph 6.1, you must settle the trouble on your own responsibility and at your own expense and the Company shall not assume any liability for the trouble.

7. Intellectual Property Rights

Any patent, utility model right, design right, copyright, or other intellectual property right (including any right set forth in Articles 27 and 28 of the Copyright Act) related to the App belongs to the Company or a third party that has a legitimate interest in it.

8. Content

The Content refers to currency, weapons, tools, rare characters, and other items that are available within the App. You may use the Content only in accordance with the methods that are separately determined by the Company.

8.1 The Content refers to currency, weapons, tools, rare characters, and other items that are available within the App. You may use the Content only in accordance with the methods that are separately determined by the Company.

8.2 Generally, the Company does not provide the Content for free within the App. However, the Company may provide the Content in accordance with the Company’s decision and methods that are separately specified by the Company. The Company is not obliged to respond to your request for any reason.

8.3 The Company or a third party with legitimate authority hold the rights to all Content. You are granted the right to use the Content within the scope set out in the App on a solely personal basis. You may not sublicense, transfer, distribute, convert into cash, pledge, translate, or adapt the Content in their possession to another user or third party unless expressly permitted by the Company. Your right to use the Content is non-exclusive and revocable.

8.4 The Company will set a separate time limit for the use of the Content, which may be changed at any time. After the set period, the Content will automatically cease to exist. The Company may also change the price, terms of availability, and other aspects of the Content at any time.

8.5 If the Company find it appropriate to cancel the Content that has already been granted due to a violation of these Terms of Use, system error, logic error, human error, unauthorized acquisition, or any other reason, the Company may suspend or cancel the use of the relevant grant. If you have used the relevant Content at the time of suspension or cancellation by the Company, you shall pay the Company the amount corresponding to the relevant Content.

8.6 The Company reserves the right to claim compensation for damages incurred by the Company from you who have acquired or used the Content in an unauthorized manner.

8.7 The Company shall not be liable for any loss, breakdown, or change of the terminal on which you use the App, even if the Content cannot be transferred to a different device.

8.8 If you delete your account, changes the device, uninstalls the App, or deletes data from the device without following the procedures specified by the Company, the right to use the Content shall also cease to exist. In this case, you accept that they will not be entitled to any refund or other compensation.

9. Billing

9.1. When using the Company’s billing services, you shall pay the relevant fees in accordance with a separately specified method. The Company will not refund any fees already paid for any reason whatsoever.

9.2. You shall comply with the terms of use of payment at the App store or other payment service you use in relation to billing.

9.3. You shall be solely responsible for any results arising from the use of the billing service, the use of the Content, and the payment of fees for the use of the billing service.

10. Prepaid Payment Instruments

If there are paid points, etc. that are indicated as a prepaid payment instruments in the "Indication based on the Payment Services Act" separately posted on the Company’s website, such paid points, etc. shall be treated as a prepaid payment instruments based on the Payment Services Act. Any other Content purchased using such prepaid payment instruments shall be deemed to have been provided as a product or service upon its acquisition and shall not fall under the category of prepaid payment instruments.

11. Revision of the Terms of Use

The Company may revise these Terms of Use without your consent. In such a case, the revised Terms of Use shall take effect once they are displayed on the App or the Company’s official website, unless otherwise stated by the Company.

12. Effectiveness of the Terms of Use

12.1. If these Terms of Use are equivalent to the consumer contract set forth in the Consumer Contract Act, any provision of these Terms of Use that totally exempts the Company from liability for damages shall not apply.

12.2. In the case of paragraph 9.1, if any damage incurred by you is based on default or unlawful behavior, the Company shall compensate for the damage to the extent of the amount it has received from you as charges for using the App, up to the amount of direct and actual damage to you, and shall not be liable for any special damage.

12.3. If any provision of these Terms of Use is in violation of the law, only such provisions are no longer effective and the other provisions shall remain effective.

12.4. Even if these Terms of Use become partially ineffective or get canceled between certain users and the Company, these Terms of Use shall be effective between the other users and the Company.

13. Governing Law and Jurisdiction

13.1. These Terms of Use are interpreted in accordance with the laws of Japan.

13.2. Any dispute that may arise between you and the Company shall be governed by the laws of Japan, and subject to the exclusive jurisdiction of either the Tokyo Summary Court or the Tokyo District Court, depending on the amount sued for, in the first instance.

Enforced on June 20, 2021.