These terms of service ("TOS") apply to you and SUNCORPORATION, with its primary address at [SUNCORPORATION, NAGOYA BUILDING SAKURA-KAN 2F, 4-2-25 Meieki, Nakamura-ku Nagoya-shi, Aichi 450-0002 Japan], ("SUNSOFT") regarding your use of SUNSOFT's games, websites, discussion forums and related services ("Services"). Use of the Services is also governed by SUNSOFT's Personal Information Protection Policy and Application Privacy Policy available at https://www.sun-denshi.co.jp/privacy/ and [PRIVACY POLICY], which is incorporated by reference. As a precondition for using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are age 13 or older. If you are between the ages of 13 and 17 or otherwise do not have the mental capacity or legal authority to enter into agreements such as these TOS, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS. SUNSOFT may restrict part of all Services to you depending on your age. You agree that these TOS are not voidable in the event you misrepresent your age or forge the consent of a legal guardian or a holder of parental responsibility.

By using or otherwise accessing the Services, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the Services.

The Services are payable. You must pay any fee determined by SUNSOFT for the use of the Services, including downloading applications and data for them. In addition, the Services may contain features that you must purchase by payment of the additional fee in the Services.

If you access the Services from a social networking site ("SNS"), such as Facebook, you agree to comply with its terms of service as well as these TOS.
SUNSOFT may issue additional policies and/or individual agreements related to specific components of the Services. Your right to use the Services is subject to such relevant policies, individual agreements, and these TOS. In the event there is a conflict between these TOS, any policies, and any individual agreements, the individual agreements shall prevail.

• • 1. Right to Use the Services
    • 1. Subject to these TOS, SUNSOFT hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.
      
      2. Except as previously set forth, you do not receive any other license. SUNSOFT retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without SUNSOFT's prior written consent. SUNSOFT reserves all rights not expressly granted to you herein.
      
      3. The Services and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, including, but not limited to, the Virtual Items or currency appearing in or originating from the Services, whether earned in the Services or purchased from SUNSOFT or third parties.
      
      4. This TOS do not assign, transfer, or license any company name, product name, service name or other name (collectively the "Trademarks"). You shall not use, apply for, or register any Trademarks.
      
      5. Should any issues arise between you and any rights holder as a result of you violation of any provision of these TOS, you shall resolve the problem at your own responsibility and expense, and SUNSOFT shall assume no responsibility whatsoever.
      
      6. You shall be solely responsible for preparing and maintaining your own mobile devices, communication devices, operating systems, software, Internet access environments, and all other devices (Collectively, the "Devices") required to use the Services, and shall bear all communication and Internet access fees related to the use of the Services.
      
      7. A person under the age of 18 years or otherwise of diminished mental capacities must use a device authorized by a person with legal guardian or parental authorities.
      
      8. The Services and related applications may be only be used for personal purposes. You shall not sell, distribute, develop, or otherwise use the Services or any related applications for purposes other than private use.
      
      9. Any and all profit-making activities using the Services or any related applications are prohibited.
      
      
  • 2. Purchase the Services and Virtual Items
    
    • 1. SUNSOFT may license to you certain virtual goods to be used within the Service and which you may purchase with "real world" money or which you may earn or redeem via gameplay ("Virtual Items"). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use.
      
      2. SUNSOFT may determine the prices and payment methods for the Services and Virtual Items on its website or applications. SUNSOFT may manage, control, modify or eliminate the Services and Virtual Items, their prices, functionality, and contents at any time, with or without notice. SUNSOFT may also launch new Virtual Items at any time by publishing such Virtual Items in the Services. Price and availability of the Services and Virtual Items are subject to change without notice.
      
      3. The transfer of the Services and related applications and Virtual Items is prohibited except where expressly authorized in the Services, as applicable.
      
      4. Virtual Items do not have an equivalent value in real world money and are not a substitute for real world money. Neither SUNSOFT nor any other person or entity has any obligation to exchange Virtual Items for anything of value. SUNSOFT is not liable for hacking or loss of your Virtual Items.
      
      5. All purchases and redemptions of the Services, Virtual Items and all other things provided through the Services are final and non-refundable. You acknowledge and consent that the provision of the Services and Virtual Items is a process that commences immediately upon purchase and that you forfeit your right of cancelation once the process has commenced.
      
      6. Accordingly, you agree that SUNSOFT is not required to provide a refund for the Services and Virtual Items for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether your loss of license under these TOS was voluntary or involuntary.
      
      7. If you ask for your personal data to be deleted as described in SUNSOFT's Privacy Notice, you will permanently forfeit all of your application and data of the Services and Virtual Items without the right to refund, as SUNSOFT will no longer be able associate them with you.
      
      8. You agree to permit the application stores where you download SUNSOFT's applications to collect fees on behalf of SUNSOFT. Nonetheless, you agree not to involve the application stores in any disputes or claims with respect to the charges you pay to SUNSOFT for using its applications or Virtual Items.
      
      
  • 3. Virtual Currencies
    
    • 1. You may obtain and use virtual currencies in the Services (the "Virtual Currencies"). The Virtual Currencies may be purchased by you using real-world currencies or granted to you by SUNSOFT via promotions or other campaigns. SUNSOFT shall have the sole discretion to determine the unit, total amount, payment methods, uses, and other conditions of the Virtual Currencies and shall display such terms in the Services.
      
      2. Virtual Currencies may not be exchanged for cash, property, or other economic benefits other than the Services and contents designated by SUNSOFT.
      
      3. Virtual Currencies may only be used for the account for which it was obtained. Virtual Currencies provided on terminal equipment with different operating systems may not be inherited or aggregated because the types of Virtual Currencies may differ even if they have the same name.
      
      4. You may not transfer, pledge, or create a security interest in any Virtual Currency or otherwise share any Virtual Currency with an account other than the account to which the relevant Virtual Currencies have been granted.
      
      5. The Virtual Currencies will become invalid in the event SUNSOFT detects a violation of Article 3 or in the event the account holding the Virtual Currencies is deleted for whatever reason.
      
      6. Virtual Currencies cannot be refunded for any reason unless expressly required by law, in which situation the method of any refund shall be defined by SUNSOFT at its sole discretion in accordance with relevant laws and regulations and as published in the Services.
      
  • 4. Code of Conduct
    
    • 1. You agree that you will not, directly or through a third party, under any circumstances:
      ・ Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services.
      ・ Use the Services in violation of any applicable law, regulation, or court ruling.
      ・ Use the Services for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.
      ・ Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services;
      ・ Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services.
      ・ Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
      ・ Attempt to gain unauthorized access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by SUNSOFT, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Services.
      ・ Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.
      ・ Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.
      ・ Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including SUNSOFT employees, directors, officers, and customer service representatives.
      ・ Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, a SUNSOFT employee, director or officer.
      ・ Unless specifically authorized by law, attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by SUNSOFT, or to obtain any information from the Services using any method not expressly permitted by SUNSOFT.
      ・ Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.
      ・ Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
      ・ Post anyone's private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services.
      ・ Engage in any act that SUNSOFT deems to conflict with the spirit or intent of the Services or make improper use of SUNSOFT's support services.
      
      2. SUNSOFT has the sole discretion to determine whether you have violated any prohibited conduct of Article 4.1 above.
      
      3. You agree to notify SUNSOFT immediately in the event you discover any of the prohibited conduct in the Services.
      
  • 5. Third-Party Products and Services
    
    • 1. Services may include links to third-party products and services (including, but not limited to, advertisements displayed by third parties) and/or the third-party services may be made available to you via Services. These products and services may include, but are not limited to goods, merchandise, gameplay recording and sharing, social media connectivity and advertisements. These products and services are subject to respective third party terms and conditions. Please read these third-party terms and conditions carefully as they constitute an agreement between you and the relevant third-party service provider to which SUNSOFT is not a party.
      
      2. SUNSOFT may link to third-party websites or services from the Services. You understand that SUNSOFT makes no promises regarding any content, goods or services provided by such third parties and, you understand SUNSOFT does not endorse them. SUNSOFT is also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to these third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and you understand SUNSOFT's Personal Information Protection Policy and Application Privacy Policy do not apply in relation to such data.
      
  • 6. Accounts and Login Information
    
    • 1. You are required to provide true and accurate information when registering an account with SUNSOFT. You should keep the information up to date at all times. SUNSOFT assumes no responsibility for any damages to you as a result of any misstatements, errors, or omissions in the content of the information you provided.
      
      2. You agree that you will not give your login information to anyone else or allow anyone else to use your login information or account. You are solely responsible for maintaining the confidentiality of the login information, and you are responsible for all uses thereof, including purchases. SUNSOFT may assume that anyone logging into your account using your login information is either you or someone logging in with your permission. You shall immediately inform SUNSOFT of any theft, leakage to a third party, or knowledge of use by a third party, and shall comply with any request from SUNSOFT. You agree to compensate SUNSOFT and third parties for any damages caused by unauthorized use of your login information.
      
      3. SUNSOFT may suspend or delete the account without prior notice to you if you are deemed to be in violation of or likely to be in violation of these TOS or any individual agreements.
      
      4. SUNSOFT reserves the right to delete your account if SUNSOFT observes no activity by you in relation to the Account for 180 days or more.
      
      5. You may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you, regardless of the reason of the cancellation of your account. Your account cannot be restore even if you delete your account by mistake.
      
  • 7. User Contributions
    
    • 1. The Services may allow you to create content, including, but not limited to, gameplay maps, characters, screenshots or videos of your gameplay (collectively "User Contributions"). You represent and warrant that none of the User Contributions infringe any intellectual property rights (copyrights, patent rights, utility model rights, trademark rights, design rights (including the right to acquire such rights or to register such rights), ideas, or know-how of any third party.
      
      2. In exchange for use of the Services, you hereby grant SUNSOFT a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind.
      
      3. Where not expressly prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to SUNSOFT's and other players' use and enjoyment of your User Contributions in connection with the Services and related goods and services under applicable law. This grant of license to SUNSOFT, and the foregoing waiver of any applicable moral rights, survives any termination of these TOS.
      
      4. In the event that the Services include a function that allows multiple users to post, modify, and delete contents, you agree to authorize other users to edit your User Contributions.
      
      5. SUNSOFT has the right, but is not obliged, to monitor and verify the User Contributions to ensure their compliance with applicable laws, regulations, or these TOS.
      
      6. SUNSOFT may restrict or delete any User Contributions without notifying you in advance at its sole discretion.
      
      7. You are solely responsible for backing up any User Contributions. SUNSOFT is not responsible for the loss of any User Contributions.
      
  • 8. Communications between Users of the Services
    
    • 1. SUNSOFT assumes no responsibility for the conduct of other users of the Services and assumes no responsibility for monitoring the Services for inappropriate content or conduct. SUNSOFT does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.
      
      2. By using the Services, you may be exposed to content or conduct that is offensive, indecent or otherwise not in line with your values. SUNSOFT may utilize technology to monitor and/or record your interactions with the Services or communications (including, but not limited to, chat text) when you are using the Services. You irrevocably consent to such monitoring and recording. Accordingly, you agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications.
      
      3. SUNSOFT reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time SUNSOFT chooses, at its sole discretion, to monitor the Services, SUNSOFT nonetheless assumes no responsibility for content made available by users of the Services, and SUNSOFT assumes no obligation to modify or remove any inappropriate content.
      
      
  • 9. Method of Communication
    
    • 1. Notifications related to the Services may be posted at the appropriate locations on SUNSOFT's website, in the applications, or by other means that SUNSOFT deems appropriate.
      
      2. SUNSOFT may communicate with you by email at the email address registered by you. An email notification is deemed to have arrived at the time immediately after it is sent.
      
      3. You shall send any inquiry about the Service and any other communications to SUNSOFT by submitting an inquiry form online on SUNSOFT's website or in the appropriate place within the relevant applications.
      
  • 10. Suspension and Termination for your Breach
    
    • 1. Without limiting any other remedies available to SUNSOFT, SUNSOFT reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services if SUNSOFT believes that you are in breach of these TOS or in the event of any of the following:
      
      a. In the event SUNSOFT determines that you have provided SUNSOFT with inaccurate or false information.
      b. In the event you become unable to pay debts or file a petition for the commencement of bankruptcy proceedings, corporate reorganization proceedings, special liquidation proceedings, or similar proceedings.
      c. In the event of your death or a court ruling for the commencement of guardianship over you.
      d. In the event SUNSOFT determines that you have not obtained the necessary parental or guardian consent.
      e. In the event you fail to respond to any of SUNSOFT's inquiries for more than thirty days.
      f. In the event SUNSOFT at its sole discretion deems it necessary for the operation and maintenance of the Service.
      g. In the event SUNSOFT determines that there is any other reason similar to any of the preceding items.
      
      2. The termination of the Services does not exempt you from any obligations or liabilities (including but not limited to liability for damages) under these TOS to us and to any third parties.
      
      3. SUNSOFT shall not be liable for any damage caused to you due to any actions taken under this Article 10. SUNSOFT may retain and use the information provided by you even after your account has been deleted.
      
      4. In the event that SUNSOFT at its sole discretion determines that you fall under or is likely to fall under any of the items in Paragraph 1, or in the event SUNSOFT deems necessary, it may request you to discontinue the violation, to voluntarily delete or correct the information transmitted or posted. You shall respond to such requests within the time period set by SUNSOFT..
      
  • 11. Availability of the Services
    
    • 1. SUNSOFT has the right to modify the Services based on factors such as age, user identification, and registration information. You expressly agree to such modifications in advance.
      
      2. SUNSOFT may limit, suspend or terminate the Services, or portions thereof, and take technical and legal steps to prevent users from accessing the Services if SUNSOFT believes they are creating risk or possible legal liabilities, infringing intellectual property rights of third parties, or not acting in accordance with the letter or spirit of these TOS.
      
      3. SUNSOFT reserves the right to stop offering and/or supporting the Services or a part thereof (e.g. games, features of games, specifications, rules, designs, audiovisual expressions, effects, parameters, or scenarios) at any time, at which point your license to use the Services or a part thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, SUNSOFT does not have to provide refunds for the Services, Virtual Items and other items in connection with such discontinued the Services.
      
  • 12. Disclaimer
    
    • 1. To the fullest extent permissible under applicable law, the Services are provided to you "AS IS," without warranty, assurances or guarantees of any kind. It may have defects, and your use is solely at your risk. SUNSOFT does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. SUNSOFT does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by SUNSOFT, its employees or other representatives constitute a warranty.
      
      2. Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Services.
      
  • 13. Limitations of Liability and Indemnification
    
    • 1. In no way will SUNSOFT be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services or any Virtual Items, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not SUNSOFT has been advised of the possibility of such damages. For purposes of Article 13 "Limitations of Liability," SUNSOFT's licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.
      
      2. In no way will SUNSOFT's total aggregate liability arising out of or in connection with these TOS, the Privacy Notice or the Services exceed the higher of: (i) the actual price (if any) you paid for the license to use Virtual Items; or (ii) one hundred US Dollars ($100). The exclusions and limitations of damages are fundamental elements of the basis of the agreement between SUNSOFT and you.
      
      3. Some jurisdictions do not allow certain limitations of liability such as these stated above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of the Services.
      
      4. You agree to indemnify, defend and hold SUNSOFT (and SUNSOFT's officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these TOS; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.
      
  • 14. Changes to these TOS
    
    • 1. SUNSOFT may update these TOS, any additional policies, and any individual agreements from time to time in response to changing legal, technical or business developments. When SUNSOFT updates these TOS, policies, or individual agreements, it will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes SUNSOFT makes.
      
      2. By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.
      
  • 15. Governing Law
    
    • 1. The governing law of these TOS shall be Japanese law without the application of conflict of law provisions. You agree that all disputes between you and SUNSOFT will be adjudicated by a court in Aichi Prefecture. The Nagoya District Court or the Nagoya Summary Court shall be the exclusive court of the first instance.
      
      2. If the jurisdiction of your domicile prohibits SUNSOFT from enforcing the governing law provision, nothing in these TOS limits your rights based on the laws governing your domicile.
      
  • 16. Assignment, Severability and Entire Agreement
    
    • 1. SUNSOFT may assign these TOS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these TOS, the Personal Information Protection Policy, or the Application Privacy Policy without SUNSOFT's prior written consent, and any unauthorized assignment and delegation by you is void.
      
      2. If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. SUNSOFT's failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.
      
      3. Even if any provision of these TOS or a portion thereof is deemed unenforceable between you and SUNSOFT, it shall not affect the validity and enforceability of such a provision as between SUNSOFT and another user.
      
      4. This TOS and Privacy Notice set out the entire agreement between you and SUNSOFT regarding the Services and supersede all earlier agreements and understandings between you and SUNSOFT.
      
      5. Any failure by SUNSOFT to exercise or enforce any of its rights under these TOS does not waive its right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by an authorized representative of SUNSOFT.
      
  2022/07/01
  SUNCORPORATION