1. Acceptance of these Terms
-
These Terms of Service (the "Terms") govern your use of Spot-the-difference-Kanji (the "App"),
a game application provided by Euryops Corporation ("we", "us" or "our").
-
By downloading, installing, or using the App, you agree to these Terms. If you do
not agree, please do not use the App.
-
These Terms apply to all distributions of the App, including the App Store (iOS)
version, the Google Play (Android) version, and the Facebook Instant Games version.
-
Our Privacy Policy forms
part of these Terms.
2. Definitions
- "You" means any person who downloads, installs, or uses the App.
-
"Store" means the App Store operated by Apple Inc., Google Play
operated by Google LLC, or any other platform through which we distribute the App.
-
"In-app purchase" means the purchase of paid content or features
within the App through a Store.
-
"Paid content" means hint tickets and the ad-free upgrade
available through in-app purchase.
3. Licence
-
Subject to your compliance with these Terms and the terms of the applicable Store,
we grant you a non-transferable, non-sublicensable, non-exclusive licence to use
the App for your personal, non-commercial purposes.
-
The App is licensed to you, not sold. All rights in and to the App and all copies
of it are retained by us or our licensors.
-
You may use the App only on devices that you own or control.
4. Devices and data charges
-
You are responsible for obtaining and maintaining, at your own cost, the device,
operating system, and internet connection required to use the App.
-
You are responsible for any data charges incurred through use of the App,
including charges arising from loading advertisements.
-
We do not warrant that the App will operate on every device or operating system
version.
5. Game data
Important: The App does not require an account. Your progress,
results, settings, and remaining hint tickets are
stored only on your device. Because we do not keep this data on
any server, we cannot recover it if it is lost — for example if you reset, damage,
or lose your device, or uninstall the App.
- You acknowledge and accept the above when using the App.
-
Our liability in respect of the loss, corruption, or alteration of game data is
governed by Section 13.
6. In-app purchases
6.1 Products
| Product |
Type |
Description |
| Remove Ads |
Non-consumable |
Stops interstitial (full-screen) advertisements from being displayed. |
| Hint tickets |
Consumable |
Tickets that let you use a hint during play. They are used up when spent. |
6.2 Payment
-
All payments are processed by the Store (Apple or Google). Prices, payment
methods, currency, and applicable taxes are determined by the Store.
-
We do not collect or store your credit card number or any other payment details.
-
Before making an in-app purchase, you should review and comply with the terms of
the applicable Store.
6.3 Delivery
-
Paid content is deemed delivered to you at the point the Store completes the
transaction.
-
If paid content is not granted due to connectivity or similar issues, please
restart the App or use "Restore purchases" on the shop screen. If the problem
persists, contact us using the details in Section 17.
6.4 Restoring purchases
Non-consumable (Remove Ads): can be restored on a new device or
after reinstalling by using "Restore purchases" on the shop screen, provided you
use the same Apple ID or Google account with which the purchase was made.
Consumable (hint tickets): the remaining ticket balance is
recorded only on your device.
It will be lost, and cannot be restored, if you change devices, reset your
device, or uninstall the App. You accept this before making a purchase.
6.5 Refunds
-
Purchased paid content is generally non-refundable, and we do not process refunds
directly.
-
Refund requests must be made through the refund process of the Store from which
you purchased. Whether a refund is granted is determined by that Store.
-
Nothing in this Section limits any statutory right of withdrawal, cancellation,
or refund that you may have as a consumer under mandatory law in your country of
residence.
6.6 Changes to products and pricing
We may change the price, contents, or availability of paid content, or discontinue
it. Any such change will not affect paid content you have already purchased, except
where the App is discontinued in accordance with Section 11.
6.7 Nature of paid content
-
Paid content can be used only within the App and cannot be exchanged for cash,
for anything else of monetary value, or for consideration in any other service.
-
You may not transfer, lend, sell, or bequeath paid content to any third party.
-
Except for any item that we separately identify as a prepaid payment instrument
on a page titled "資金決済法に基づく表示" (Disclosure under the Payment Services
Act), the provision of the service relating to an item of paid content is deemed
complete at the point you acquire it, and such paid content does not constitute a
prepaid payment instrument under the Payment Services Act of Japan. You agree to
this before purchasing.
6.8 Disclosure under the Act on Specified Commercial Transactions
For consumers in Japan, the sales conditions for paid content are also disclosed at
特定商取引法に基づく表記
(in Japanese, as required by Japanese law).
7. Advertising
-
The App displays advertising in order to remain free to download. Advertisements
are selected by the advertising provider and are not individually reviewed by us.
-
We make no representation or warranty regarding advertisers or advertising
content. Any dealings between you and an advertiser are solely between you and
that advertiser.
-
Rewarded ads (watching a video in exchange for a hint) play only when you choose
to watch them. If you do not watch the video to completion, the reward is not
granted.
-
Rewarded ads remain available even after you purchase the "Remove Ads" product
described in Section 6.
8. Prohibited conduct
You must not:
- Use the App in violation of any applicable law or public policy;
-
Copy, modify, adapt, decompile, disassemble, or reverse engineer the App, or
otherwise attempt to derive its source code, except to the extent expressly
permitted by applicable law;
- Redistribute, transfer, lend, sell, or sublicense the App to any third party;
-
Use cheat tools, modification tools, emulators, or similar means to interfere with
the operation of the App;
- Obtain paid content or ad rewards by fraudulent means;
-
Manipulate ad impressions or generate clicks by automated means;
- Place an excessive load on the servers or networks used by the App;
-
Infringe the intellectual property, privacy, or other rights of us or any third
party;
-
Use the App for commercial purposes without our prior written consent;
- Engage in any other conduct that we reasonably consider inappropriate.
If we determine that you have breached this Section, we may restrict your use of the
App without prior notice and revoke any paid content obtained improperly.
9. Intellectual property
-
All copyright, trademarks, and other intellectual property rights in the programs,
images, designs, text, audio, and logos contained in the App belong to us or to
our licensors.
-
The licence granted under these Terms does not transfer any of those rights to you.
-
The App includes open source software. Such software is governed by its own
licence terms, which prevail over these Terms in respect of that software.
10. Minors
-
If you are a minor under the law of your country of residence, you may use the App
only with the consent of a parent or legal guardian.
-
A minor must obtain the consent of a parent or legal guardian for each in-app
purchase.
11. Changes, suspension, and discontinuation
-
We may change, add to, or remove any part of the App without prior notice.
-
We may temporarily suspend the App for maintenance, in the event of a fault, or
due to other circumstances beyond our reasonable control.
-
We may discontinue the App. If we do, we will use reasonable efforts to announce
this in advance on the App's Store listing or on our website.
-
Our liability for any loss arising from the matters described in this Section is
governed by Section 13.
12. Scope of warranty
-
We do not warrant that the App will be fit for your particular purpose, that it
will have the functionality, accuracy, or usefulness you expect, that it will be
continuously available, or that it will be free from defects or errors.
-
The preceding paragraph does not exclude our liability for non-conformity of paid
content with the contract. If paid content does not conform to the contract, we
will remedy this by granting replacement paid content or by other reasonable means.
13. Liability
In line with Article 8 of the Consumer Contract Act of Japan, this Section does
not exclude our liability. It defines the scope and the cap of
damages only where we have acted with slight negligence. None of
these limitations apply where we have acted with wilful misconduct or gross
negligence.
-
Where you suffer loss in relation to the App due to causes attributable to us, we
are liable to compensate you for that loss.
-
In that case, our liability for breach of contract or tort arising from our
slight negligence (meaning negligence other than wilful misconduct
and gross negligence) is as follows:
-
Compensation covers only ordinary loss actually incurred, and does not include
loss of profit, loss of business opportunity, loss of data, or any other loss
arising from special circumstances.
-
Compensation is capped at the higher of
JPY 10,000 and the total amount you paid in in-app
purchases for the App during the twelve (12) months preceding the day on which
the event giving rise to the loss occurred.
-
The preceding paragraph does not apply where we have acted with wilful
misconduct or gross negligence. In that case we compensate the loss
incurred in accordance with applicable law, without the scope or cap set out above.
-
If a dispute arises between you and a third party (including other users,
advertisers, and the Stores) in connection with your use of the App, you shall
resolve it at your own responsibility and expense, and we are not liable for that
dispute except where it is attributable to causes for which we are responsible.
-
Nothing in these Terms excludes or limits our liability to the extent that such
exclusion or limitation is not permitted by mandatory law applicable to you,
including consumer protection law and liability for death or personal injury
caused by negligence.
14. Changes to these Terms
-
We may amend these Terms where the amendment is in the general interest of users,
or where the amendment is not contrary to the purpose of the agreement and is
reasonable in light of the necessity for the change, the appropriateness of the
amended content, and other relevant circumstances.
-
Where we amend these Terms, we will publish the amended Terms and their effective
date on this page or within the App a reasonable period in advance.
-
If you continue to use the App after the amended Terms take effect, you are deemed
to have accepted them.
15. Governing law and jurisdiction
- These Terms are governed by the laws of Japan.
-
Any dispute between you and us relating to the App or these Terms shall be
submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first
instance. This does not deprive you of the protection of any mandatory consumer
law of your country of residence, including any right to bring proceedings in the
courts of that country.
16. Additional terms for the App Store version
This Section applies if you obtained the App from the App Store, and prevails over
any conflicting provision elsewhere in these Terms.
-
Acknowledgement: These Terms are concluded between you and us
only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for
the App and its content.
-
Scope of licence: The licence granted to you for the App is a
non-transferable licence to use the App on any Apple-branded product that you own
or control, as permitted by the Usage Rules set out in the App Store Terms of
Service.
-
Maintenance and support: We are solely responsible for providing
any maintenance and support services for the App. Apple has no obligation
whatsoever to furnish any maintenance or support services for the App.
-
Warranty: We are solely responsible for any product warranties,
whether express or implied by law, to the extent not effectively disclaimed. In
the event of any failure of the App to conform to any applicable warranty, you may
notify Apple, and Apple will refund the purchase price of the App to you (if any).
To the maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the App. Any other claims, losses,
liabilities, damages, costs, or expenses attributable to a failure to conform to
any warranty will be our sole responsibility.
-
Product claims: We, not Apple, are responsible for addressing any
claims by you or any third party relating to the App or your possession and use of
it, including product liability claims, any claim that the App fails to conform to
any applicable legal or regulatory requirement, and claims arising under consumer
protection, privacy, or similar legislation.
-
Intellectual property claims: In the event of any third-party
claim that the App or your possession and use of the App infringes that third
party's intellectual property rights, we, not Apple, will be solely responsible for
the investigation, defence, settlement, and discharge of any such claim.
-
Legal compliance: You represent and warrant that (i) you are not
located in a country that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a "terrorist supporting" country; and (ii) you
are not listed on any U.S. Government list of prohibited or restricted parties.
-
Contact: Any questions, complaints, or claims regarding the App
should be directed to the contact details in Section 17.
-
Third-party terms: You must comply with any applicable third-party
terms of agreement when using the App.
-
Third-party beneficiary: You acknowledge and agree that Apple and
Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon
your acceptance of these Terms, Apple will have the right (and will be deemed to
have accepted the right) to enforce these Terms against you as a third-party
beneficiary.
17. Contact
For questions about these Terms or the App, please contact:
- Euryops Corporation
- fukuoka-shi nishiku-ku imachi-ekimae 1-15-18 SALT
- Email
- info@euryops.co.jp
- Website
- https://euryops.co.jp