Terms of Service

Please read and agree to these terms and conditions before using any application owned or operated by “Aiming, Inc.”.

Article 1 (Application of the Terms and Conditions)

These terms and conditions (hereinafter referred to as “Terms”) apply to the use of the smartphone application provided by Aiming, Inc. (hereinafter referred to as “the Company”) and all related services provided by the Company (hereinafter referred to as “the Service”) between the customer (hereinafter referred to as “user”) and the Company.
To use the Service, you must agree to these Terms. By using the Service, you are deemed to have agreed to these Terms. In addition, each time the user uses the Service, the user must confirm whether or not these Terms have been amended, and if any amendments have been made, the user must agree to the amended Terms in order to use the Service.
If the user is a minor, the user must obtain the consent of his or her legal representative, such as a parent or guardian, before using the Service. The user guarantees that he or she has obtained the consent of his or her legal representative to agree to these Terms and to start using the service.
If the Company separately determines any of the following items for the User, they shall also constitute a part of these Terms:
1. Privacy Policy
2. Guidelines for Secondary Use of Contents
3. Notices individually notified or posted on the Service, regardless of their name, as well as rules for using the Service
4. Terms and conditions, guidelines, etc. for each individual service that constitutes the Service
If any of the items in the preceding paragraph are determined, the provisions of these Terms shall apply to matters not provided for in these provisions, and the provisions of these Terms shall take precedence over the provisions of these items only if it is explicitly stated that they take precedence over these Terms. However, even if there is no explicit statement, the provisions of these Terms shall take precedence over the provisions of the second item of the preceding paragraph.

Article 2 (Definitions)

The definitions of the terms used in these Terms shall be as follow:

“Game Points” shall mean virtual currency consisting of electronic data provided and managed by the Company on the internet, which can be used by the user in the Service.
“Player Name/ID” shall mean a unique symbol or name that the user has registered and set in advance in accordance with the specified method of the Company to use the Service.
“Player Data” shall mean the data that the user individually owns and the data that the user has sent and received through the Service.
“Authentication ID, etc.” shall mean an external service account with which the linkage to prove that the user is using the Service and a symbol to prove that the user is the user are performed when using the Service.
“User Information” shall mean information the user has registered with the Service.

Article 3 (Acquisition of User Qualifications and User Information)

The application for the Service shall be made through the means and methods designated by the Company.
If the Company determines that there is an obstacle to accepting an application for the Service from a user, the Company may refuse to accept such application.
Those who have user qualifications shall be deemed to have agreed to all provisions of these Terms and to have agreed to the following items regarding User Information:
1. To provide User Information in the latest, complete, and accurate state when registering User Information.
2. To always keep the registered User Information in the latest, complete, and accurate state.
3. If the Company determines that User Information violates the preceding two items, the Company may cancel the user’s user qualifications without prior notice or consent of the user.
4. The Company shall not be liable for any disadvantage suffered by the user due to incomplete User Information.

Article 4 (Loss of User Qualifications)

In addition to cases where the Company deems that a user’s conduct violates these Terms, if the user has not used the Service for more than 6 weeks, or if the Company deems it necessary for any other reason, the Company may, at its discretion, cancel all or part of the user’s user qualifications or delete the Player Data held by the Service without notice or consent of the user.
The user shall comply with these Terms within a necessary and reasonable scope even after the termination of the use of the Service.

Article 5 (Obligation to Manage Player Name, Authentication ID, etc.)

The user shall be responsible for the use and management of their player name, ID, and authentication ID, etc. The user shall be responsible for the results of using the Service with their player name, ID, and authentication ID, regardless of whether such use was intentional or negligent.
The rights and obligations of the user to use the Service shall belong solely to the user. The user shall not allow a third party to use their player name, ID, and authentication ID, nor shall they lend, transfer, change the name, sell, or pledge them.
The user shall be solely responsible for any damage caused by insufficient management, misuse, use by a third party, or unintentional transmission of information resulting from the use and management of their player name, ID, and authentication ID, and the company shall not be liable for any damages.
If the user discovers that their player name, ID, and authentication ID have been stolen or used by a third party, they shall immediately report it to the Company according to the prescribed procedures and follow the Company’s instructions if any.
If the user causes damage to a third party or the Company due to the use of the Service or related to it, the user shall be responsible for compensating the damage at their own responsibility and expense.

Article 6 (Purpose of Use of Personal Information and Disclosure to Third Parties)

Regarding the personal information of users’ information that the Company handles in the Service, the Company will handle it appropriately based on the “Privacy Policy” separately established by the Company.
The Company will use the personal information of the users managed by the Company for the appropriate provision of services and the provision of information. This includes confirmation of the user’s identity in inquiries and providing information by email.
Regardless of the reason for suspension, the Company may use information that cannot identify individuals collected by the Company during the process of users using the Service for purposes that the Company deems appropriate, such as improving the Company’s services.
Except for the following cases, the Company will not disclose personal information of users to third parties:
1. When the Company discloses information collected for the purpose of understanding the usage trend of the Service as statistical data to third parties such as partner companies and advertisers that may become partners, without identifying individuals.
2. When the user explicitly agrees to the disclosure of personal information.
3. When the disclosure or sharing of information is deemed necessary to provide the products or services desired by the user.
4. When it is necessary to provide user information to third parties with whom the Company has a partnership or cooperative relationship in providing the Service.
5. When it is necessary to provide User Information to the Company’s outsourcing company within the scope necessary for the Company’s business operations.
6. When the Company provides User Information to its entrusted or transferred entity for the operation of the Service, business transfer, or other reasons.
7. When the Company receives a formal inquiry based on laws and regulations from public institutions such as courts or the police.
8. When there is an urgent need to protect human life, body, property, etc.
9. When it is necessary to disclose the personal information of the user to protect the rights and property of the Company due to the user’s violation of the terms of use.
10. In other cases, where the Company deems it necessary to maintain the Service at its discretion.

Article 7 (Method of Notification)

Unless otherwise provided in this agreement, notifications from the Company to users will be made through announcements on the Service, email, or other appropriate means determined by the Company.
If the notification to users as provided for in the preceding paragraph is made through an announcement on the Service, the notification shall be deemed to have been completed at the time when the announcement is made on the Service.
If the notification, as provided for in paragraph 1, is made by email, it will be sent to the email address that was registered at the time. The notification will be deemed completed at the time of transmission.
Users shall regularly check the email account registered as User Information and announcements within the Service to confirm notifications from the Company.

Article 8 (Contact and Information Provision to Users)

The Company may deliver notifications for advertisements related to services we are involved with to users using the Android or iOS functions.
The Company may send emails for advertisements related to services the Company is involved with to users who have given prior consent. Users may stop such email delivery by completing the procedure specified by the Company.

Article 9 (Player Data)

The user may create and manage one player data for each game server.
The user may not set multiple player names or IDs for one game server, or create and manage multiple player data. In addition, if the Company determines that the same person is creating and managing multiple player data, the Company may delete the relevant player data and the user qualification associated with that player data without notification or consent.
The user confirms that using multiple devices at the same time for one player name or ID may cause inconsistencies or other issues with the data, and bears responsibility for any damages resulting from such use.
If the user loses their user qualification for any reason, the Company may delete the player data of that user.
The Company may delete the player data of the user without notification or consent, if necessary for the provision of the Service. The user agrees in advance to the deletion of player data.
The Company shall not transfer player data to other player data for any reason, in whole or in part.
The user may not lend, sell, resell, or obtain any other property value, including cash or electronic currency, using some or all of the player data to a third party.

Article 10 (Purchase and Use of Game Points)

Users may purchase game points by using the payment methods and procedures established by the Company.
After confirming that the user has paid the purchase price for the game points and that the payment has been completed successfully, the Company will grant the corresponding number of game points to the player data of the game server that the user was using when making the purchase.
In addition to the paid game points obtained through the previous two paragraphs, users may also obtain free game points by methods determined by the Company (hereinafter referred to as “game point acquisition” together with the game point purchase procedure in the previous two paragraphs). If the user holds both the free and paid game points, the free game points will be consumed first.
Users acknowledge that there may be a time lag between the game point acquisition and the granting of game points to their player data due to the nature of the internet.
If any of the following items apply to the user’s player data that holds game points corresponding to the player’s name and ID, all of the game points will become invalid:
1. The Company terminates all or part of the Service in accordance with Article 12.
2. The user’s player data is deleted in accordance with Article 9.
3. The user loses their user qualifications for any reason.
The user is prohibited from transferring, lending, selling or otherwise disposing of game points to a third party.
The Company will not repurchase game points, refund game point purchase prices, or convert them into electronic currencies issued by third parties for any reason whatsoever. Even if the Company takes voluntary measures such as refunds for game point purchase prices in exceptional cases, the amount of the refund will be limited to the amount paid by the user to the Company for the purchase of the relevant game points.
The Company will not refund or return any game points used by users for any reason whatsoever.
The Company will not respond to requests from users to transfer game points held by their individual game servers to other player data for any reason whatsoever.
If a minor user performs the game point purchase procedure, it will be deemed that they have obtained the consent of their legal representative, such as their guardian, in advance.

Article 11 (Prohibitions)

The user shall not engage in the following acts when using the Service:
1. Transferring or allowing the use of User Information to a third party
2. Transferring or lending the status of a user to a third party
3. Obtaining multiple player names/IDs and creating multiple player data
4. Exchanging game points or items within the Service, which have monetary value such as cash or gift certificates, for points/items outside the Service, and soliciting, advertising, publicizing, or mediating such acts
5. Using the Service from a location other than the distribution area specified by the Company. (disguising IP addresses, etc.)
6. Discriminating or defaming others
7. Infringing upon the honor, privacy, or credibility of others
8. Causing financial or mental damage to others
9. Impersonating the Company, its employees, or a third party, or falsely representing the existence or absence of a partnership or cooperation with the Company or a third party
10. Transmitting, posting, or disseminating lewd or violent messages, images, videos, or sounds, etc.
11. Engaging in political or religious activities or related acts
12. Expressing the desire to meet or date unknown opposite-sex individuals on the Service, or inducing such meetings or relationships, or inviting others to be a partner for a date, etc.
13. Engaging in acts that adversely affect the formation of the personality or healthy development of minors, or that cause disabilities
14. Engaging in acts that violate public order and morals
15. Engaging in coercive acts
16. Engaging in stalking or acts that cause discomfort to others
17. Infringing upon the Company’s or a third party’s intellectual property rights (patent rights, design rights, trademark rights, copyright, etc.)
18. Engaging in acts that correspond to unauthorized solicitation, sales, advertising, or promotion activities not approved by the Company
19. Using the Service for commercial purposes without the Company’s prior written permission
20. Collecting and storing personal information of third parties
21. Disclosing, posting, sending, or distributing spam emails, etc.
22. Illegally accessing the Company’s or a third party’s server
23. Engaging in acts such as modifying programs, reverse engineering, analysis, creating utilities, distributing, using, etc. software and data used in the Service
24. Illegally using the player names/IDs of third parties to use the Service
25. Disclosing, posting, sending, or distributing virus programs, etc., that harm the Company’s or a third party’s various equipment, posting the URL of the download page for such virus programs, and engaging in acts that impair the normal operation of the Company’s or a third party’s equipment or cause unintended operations
26. Deliberately taking advantage of malfunctions in the Service
27. Engaging in acts such as exceeding the scope of individual permission granted for the all or part of software and data used in the Service, including analysis, reproduction, copying, modification, addition, alteration, and secondary use
28. Engaging in acts that do not comply with our specified terms of use, operating procedures, etc.
29. Engaging in acts that interfere with our operation of the Service.
30. Engaging in acts that involve registering false information during User Information registration or information change.
31. Other actions deemed inappropriate by the Company, such as violating etiquette.
32. Other actions that the Company has announced as prohibited within the Service.
33. Engaging in acts that attempt to perform the aforementioned acts, actions similar to the aforementioned acts, actions that are likely to fall under the aforementioned acts, and other actions deemed inappropriate by the Company.
In the event that damage is caused to the Company or third parties due to the actions of a user who has violated these Terms, the user will be held fully responsible for all legal liabilities, regardless of whether their user qualification for the Service has been revoked or not.

Article 12 (Changes, Restrictions, Temporary Suspension, and Termination of Service)

In operating and providing the Service, the Company may, at its sole discretion, without prior notice or consent from the user, change, restrict, temporarily suspend, or terminate the entire or a portion of the Service under any of the following circumstances:
1. Emergency maintenance is required due to equipment malfunction or other reasons necessary for the operation and provision of the Service.
2. The Company has determined that the operation and provision of the Service are difficult due to war, riot, civil unrest, labor dispute, earthquake, volcanic eruption, flood, tsunami, fire, power outage, or other emergency or force majeure circumstances.
3. Circumstances arise which cannot be avoided for operational or technical reasons.
In addition to the circumstances stipulated in the preceding paragraph, the Company may terminate the entire or a portion of the Service at its sole discretion, after notifying the user of the termination through announcements within the Service or any other method deemed appropriate by the Company, without requiring the user’s consent.
The Company may terminate the provision of the Service, including without limitation, with two months’ notice to the user.
Even in the event of changes, restrictions, temporary suspension, or termination of the Service by the Company, the Company shall not be responsible for any liability towards the user.
In the event that the Company suspends or terminates the Service, the user’s game points held at the time of suspension or termination will be handled in accordance with the Company’s procedures.

Article 13 (Disclaimer)

The Company shall not be liable for any damages incurred by the user in using the Service, except as provided by law. Even if the Company is liable, the amount of damages shall be limited to the amount paid by the user to the Company for using the Service.
The Company shall not be liable for any disputes or damages arising between users or between users and third parties.
If the Company determines that a user’s actions are inappropriate for the purpose of the Service, the relevant information and player data held by that user without prior notice or consent may be deleted. The Company shall not provide any compensation, including compensation for the deletion.

Article 14 (Disclaimer of Warranty）

The user explicitly agrees to use the Service at their own risk and assumes full responsibility for any damages incurred as a result of using the Service. The Company shall not be liable for any such damages.
The Company does not provide any warranties with respect to the following:
1. The content of the Service being suitable for the user’s requirements or purposes
2. The Service not being interrupted
3. The Service being free from defects or legal defects
4. The information obtained by the user through the Service being accurate and reliable
5. The Service functioning properly on all smartphones, devices, and other equipment
6. The information sent and received through the Service is saved on the designated device, received by the intended recipient, or displayed on the screen

Article 15 (Preparation and Costs of Equipment)

The user shall be responsible for preparing and bearing all costs related to the necessary hardware, communication lines, and communication fees for using the Service.

Article 16 (Compensation for Damages)

If the Company suffers damages due to the user’s actions, or if the Company receives claims from other users or third parties due to the user’s actions, the Company may demand compensation for damages from the user, and the user shall immediately pay the requested amount to the Company.
If the Company suffers damages due to a dispute between users or between a user and a third party, the user must compensate the Company for any damages suffered by the Company.

Article 17 (Ownership of Rights)

All copyrights and other rights related to the Service, including but not limited to player data and content transmitted by the user, belong to the Company or a third party designated by the Company.
Regarding ideas and other related content that the user publicly posts on the Service, the company may use them freely and without charge for the improvement of the Service, without requiring the user’s permission.
The user is permitted to use materials that the Company or designated third parties hold the copyright to for non-commercial purposes, within the scope specified in our “Guidelines for Secondary Use of Contents”. However, if using partner features provided by video distribution/posting services such as YouTube or Twitch (limited to sites with music licensing agreements in place with organizations such as JASRAC), it shall not be considered “commercial use”.

Article 18 (Changes and Additions to the Terms and Conditions)

The Company can change or add all or a part of these Terms at any time without requiring the user’s consent.
In the case of modification or addition, the Company shall notify the user of the updated Terms in accordance with Article 7. By using the Service after the update of the Terms, the user is deemed to have agreed to the terms after the addition or change. The Company shall not be liable for any damages incurred due to the user’s failure to confirm the additions or changes to the Terms.

Article 19 (Jurisdiction, etc.)

The governing law for these Terms shall be Japanese law.
In the event of any dispute arising between a user and the Company related to the Service, both parties shall attempt to resolve the matter in good faith through consultation.
If the parties cannot resolve the dispute through consultation, the Tokyo District Court shall have exclusive jurisdiction over the matter in the first instance.
If any part of this Agreement is deemed invalid or for any other reason loses its legal effect, the remaining parts shall remain in full force and effect to the maximum extent possible.

Enacted: October 2, 2015
Effective Date: March 16, 2023