Article 1: Definitions

1. 1The terminology used in the Terms will be defined as the following:

   ( 1 )

   “Users” are customers who use the service.

   ( 2 )

   “the service” is the service provided through the Pokémon UNITE application or the official site via the internet.

   ( 3 )

   “the official site” is the official companion site of the service, including customer support.

   ( 4 )

   “Virtual Content” is a generic term for the products and services available at no cost within the service, including, without limitation, virtual currency, “Aeos gems,” and other items, which may be used within the service to access certain features, functions, and other virtual content. In this service, we call virtual currency “Aeos gems.”

Article 2: Scope of the Terms

Article 3: Content within the Service

Article 4: Price of the Service

Article 5: No Return/Refund Policy

FEES THAT HAVE BEEN PAID BY USER FOR THE VIRTUAL CONTENT CANNOT BE EXCHANGED FOR CASH OR CREDIT UNLESS REQUIRED BY LAW. YOU ALSO ACKNOWLEDGE THAT WE WILL NOT REFUND MONEY OR OTHER COMPENSATION WHEN AN ACCOUNT IS CLOSED, UNLESS REQUIRED BY LAW, REGARDLESS OF WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. Certain jurisdictions may provide additional statutory rights, including a cooling-off period that allows you to withdraw from a purchase. Nothing herein is meant to limit your return, cancellation, or refund rights for your purchase of the Paid Services under local law. The service does not contain purchasable Virtual Content. Any Virtual Content earned by using the service is not eligible for any return or refund.

Article 6: Changes to the Service and the Terms

1. 1We may, at any time, modify the contents of the service (including the Virtual Content) without notifying you. Installation of the updated version of the application may be required in order for you to continue using the service.
2. 2We will modify the contents of the Terms at will as it becomes necessary.
3. 3If we change the Terms, that information will be published within the service or on the official site. Changes to the Terms will take effect the moment they are published through the service or the official site. We will consider your continued use of the service as acceptance of the updated Terms.

Article 7: No Transfer of Data

Article 8: Personal Information Privacy

Personal information provided to us through the service by a User will be handled in accordance with the Privacy Notice / Privacy Policy, which we will modify at will as it becomes necessary.

Article 9: Chat Function and Monitoring

1. 1Users can use the chat function when using this service. This includes both text messaging and voice chat between Users. Use of the chat function is subject to both automatic and manual monitoring. Chat monitoring will only be applied to Users who have agreed to monitoring. Users who do not agree to monitoring will not be able to use the chat function. This User data will be handled in accordance to the Privacy Notice / Privacy Policy.

Article 10: Responsibilities of Use

1. 1Users are responsible for their own use of the service.
2. 2We do not guarantee to Users that there are no defects or bugs in the service, and we will bear no responsibility for repairing defects or bugs.
3. 3We offer no guarantees whatsoever regarding the service's use on all devices or the service's content.
4. 4If a User causes damage to us or others by using the service, that User will be personally responsible for the costs of compensation for the damage.
5. 5The service may contain links to websites other than those operated by us. We bear no responsibility whatsoever regarding the contents of said websites.
6. 6We will provide the service based on information from a User. The Company is not responsible for any loss or damages incurred by a User due to errors or inaccurate information provided by a User.

Article 11: Intellectual Property Rights

Users will not obtain intellectual property rights, claim rights, or any other rights whatsoever to any of the contents contained in the service, including, without limitation, User data, aggregate information, or other information relating to the use of the service. Use of content outside of the service is also prohibited.

Article 12: Suspension / Modification / Termination of the Service

1. 1We may, in our sole discretion and without notice, restrict, terminate, or suspend your use of all or some of the features of the service.
2. 2We may notify Users through the service or the official site at least 30 days in advance if the service is to be terminated.
3. 3We may also, at our sole discretion and without notice, suspend or terminate your User profile and delete all related information.
4. 4Even in cases listed in the previous clauses, we will not, except as otherwise required by applicable law, accept any responsibility for the Users.

Article 13: Prohibited Actions

We prohibit the following actions:

1. 1 Allowing others to use your account, or using others’ accounts.
2. 2 Stalking, abusing, harassing, threatening, misrepresenting, impersonating, or intimidating any person or company, including but not limited to other users, the Company, or Company employees, representatives, moderators, affiliated companies, or contractors.
3. 3 Engaging in or encouraging any discriminatory, hateful, obscene, physically dangerous, or otherwise criminal, illegal, or other objectionable conduct (e.g., cheating) in connection with the service.
4. 4 Sharing or asking for another person’s private information including personal information (e.g., gender, ethnicity, address, phone number) or account credentials (e.g., username, password).
5. 5 Acquisition of Virtual Content and other data on the service through unlawful methods.
6. 6 Providing data from the service to others.
7. 7 Reproduction of data from the service as well as providing said reproduction to others.
8. 8 Violating ours, or others’, intellectual property rights or any other rights, including, but not limited to, creating derivative works based on the content within the service, or any part thereof, or reproducing, distributing, disclosing, or publicly performing the service or any parts thereof.
9. 9 Using the service for the benefit of any third party (not subject to these Terms of Use), including, without limitation, in an outsourcing, service bureau, or time-sharing arrangement.
10. 10 Using any unauthorized third-party software or other technological means (e.g., bots, mods, hacks, and scripts) to modify the application for the service.
11. 11 Infiltration of the server operating the service.
12. 12 Actions that may cause a malfunction, bug, or other defect with the servers that operate the service.
13. 13 Excessively and unnecessarily installing the application for the service on numerous devices.
14. 14 Development of an unlawful program, tool, or app, regardless of naming, whose goal it is to use the service unlawfully. Also, providing said program, et cetera, to others, or allowing them to use said program, et cetera.
15. 15 Any alteration (including falsification), reparation, adaptation, creation of derivative works, decompiling, disassembly, or reverse engineering of the service’s data, or any actions resembling these.
16. 16 Having others perform any of the actions listed above or influencing others to perform any of the above actions.
17. 17 Aiding others in performing any of the actions listed above or facilitating with your own actions.
18. 18 Actions that we have notified Users, or announced through the service or the official website, are prohibited.
19. 19 Any and all actions that would hamper the operations of the service.
20. 20 Any and all actions we judge to be unsuitable.
21. 21 Attempts to circumvent any restriction in the service based upon age, geography, or other restrictions imposed by us.

Article 14: Indemnification

You agree to indemnify, defend, and hold us and all affiliated companies, and all officers, directors, owners, employees, agents, information providers, affiliates, licensors, and licensees thereof, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with your use of the service. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Article 15: Disclaimers

1. 1You understand that the service is provided to you “AS IS” and may not work on every device or in every situation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES RELATING TO THE APP, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY OF TITLE, OR CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SERVICE.
2. 2TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT, NOR WILL ITS AFFILIATED COMPANIES, AND ALL OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES, LICENSORS, AND LICENSEES THEREOF, BE LIABLE WITH RESPECT TO THE SERVICE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF INFORMATION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, OR FOR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF THE COMPANY OR ITS LICENSORS OR AGENTS.
3. 3If, despite the disclaimers provided above, we are found responsible for damages to a User, the range of that responsibility will be limited to ordinary damages that directly affected the User and will not include compensation for lost wages or any other special damages. In addition, the total sum of damages will be limited to the total amount paid by a User for the service or 100 JPY, whichever is higher, except as otherwise required by applicable law.

Article 16: Governing Law / Jurisdiction

1. 1The Terms will be interpreted in accordance with Japanese laws.
2. 2In disputes between us and the Users, Tokyo District Court will have exclusive jurisdiction in the first instance of said dispute.

Article 17: Links to Third-Party Sites

In the course of using the service, you may be provided links from the service to other sites, either controlled by us, an affiliate, or an unaffiliated third party. Once you leave the service, the Terms no longer apply, and you will be subject to the terms of service and privacy notices of the linked sites.

Article 18: Feedback

We may provide you with opportunities to let us know what works and what does not work with the service. If you respond to any of our requests for information, or if you report errors in the service or any other problems you discover with the service, you agree that we will own the rights to such feedback (including the rights provided for in Articles 27 and 28 of the Copyright Act).

Article 19: Confidentiality

The service is an unreleased game and application still under development, and it is being provided as a closed beta test. By participating in this beta test, you may be exposed to proprietary and/or confidential information. This includes, but is not limited to, game play, game imagery and other contents, and all other aspects of the service itself, as well as packaging, products, and communications relating to the service. By agreeing to the Terms, you agree to keep this information confidential and only use it in the course of your participating in the beta test. This includes but is not limited to not discussing or sharing, posting, or discussing the service and this confidential information with any family, friends, other acquaintances, or any other third party outside of the service, including through social networks and online forums.

Supplementary Provisions

Last updated February 28, 2021