Granblue Fantasy Versus: Rising
Terms of Service AgreementEffective Date: November 27, 2023
The terms of this Service Agreement (hereinafter referred to as “this Agreement”) arefor the “Granblue Fantasy Versus: Rising” games and service operated and provided byCygames, Inc. (hereinafter referred to as “Cygames”) and includes the software, patches,
downloadable content, applications and other content that need to be installed whenusing the “Granblue Fantasy Versus: Rising” service (together referred to as this “Service”
or “the Service(s)”). Capitalized terms not defined in the text of this Agreement are
defined in Article 1.
By using the Services, you (“Customer”) agree to be bound by the terms of thisAgreement. If you do not agree with the terms of this Agreement, please do not use theServices.
Article 1

Definitions

The following terms are used in this Agreement.
1.

The “Customer” refers to the user of the Service(s) provided under this Agreement.

2.

An “Account” refers to the Customer’s information that is on file with Cygames andit is the identifier issued by Cygames to identify the Customer.

3.

The “Individual Service Agreement” refers to the terms and conditions which arepresented to each Customer, in addition to this Agreement, under names such as“agreement,” “guidelines” or “policy” and to which the Customer’s use of theService(s) is also subject.

4.

“Content” refers to the content that can be used, viewed and accessed through theService and includes text, audio, music, images, videos, software, programs, codes,
Customers’ usernames, and other proprietary information.

5.

“Device” means the device (including hardware and peripherals such as home video
game consoles and personal computers) with which the Customer uses the Services.

6.

A “Fee-based Service” refers to a service or Content that requires the payment of ausage fee by the Customer.

7.

“Game Items” mean virtual items that may only be used exclusively within theService.

Article 2
1.

Consent to the Agreement

The Customer’s use of the Service is subject to the Customer consenting to the terms
and conditions of this Agreement and the Individual Service Agreement. The

Customer agrees to use the Service within the scope set forth by Cygames inaccordance with the terms and conditions set forth by Cygames (e.g. age and usage
environment).
2.

In the event that the Customer does not consent to this Agreement or the Individual
Service Agreement, the Customer shall not be entitled to use the Service, and shallimmediately cease downloading, installing or using the Service. In the event that
the Customer has already installed the Service(s), the Customer shall uninstall theService(s).

3.

In the event that an Individual Service Agreement has been established in relation
to the Service, the Customer shall use the Service in accordance with the provisionsof the Individual Service Agreement in addition to this Agreement.

4.

In the event that there is a discrepancy in the content of this Agreement and theIndividual Service Agreement, the content set forth in the Individual Service
Agreement shall be applied in preference.

5.

THE CUSTOMER MUST BE AT LEAST AGE THIRTEEN (13) TO ACCESS OR
USE THE SERVICE(S) OR CREATE AN ACCOUNT. By accessing, using and/or
submitting information to or through any of the Services, you represent that you are
not younger than age 13.

6.

For users at least 13 years of age but under the age of majority in the country where
they live: THE PARENT OR GUARDIAN MUST PROVIDE CONSENT TO THEIR
CHILD’S REGISTRATION WITH OR USE OF THE SERVICES. THE PARENT OR
GUARDIAN AGREES TO BE BOUND BY THIS AGREEMENT WITH RESPECTTO SUCH CHILD’S USE OF THE SERVICES.

7.

A person with parental authority for a minor accepts full responsibility for any
unauthorized use of the Service(s) by that minor. A person with parental authority
for a minor is responsible for any use of their credit card or other payment
instrument (e.g. PayPal) by the minor.

Article 3
1.

Changes to the Agreements and Disclaimers

Cygames reserves the right to amend this Agreement and/or the Individual Service
Agreement (i) in the event that Cygames considers that amendments need to bemade for legal reasons including any changes in laws, (ii) due to technical necessity,(iii) in order to maintain company operations, (iv) for the benefit of the user, and/or(v) if Cygames determines for any other reason, in its sole discretion, that such
amendments are required.

2.

Cygames shall inform the registered Customers about the proposed amendment via

its website or in-game messages, at least 30 days before the amendment is scheduled
to take effect.
3.

The Customer is entitled to object to any amendment of this Agreement or the
Individual Service Agreement until the amendment becomes effective. Once theamendment becomes effective, the objecting Customer must immediately cease
downloading, installing, and using this Service. In the event the objecting Customer
has already installed the Service, the Customer shall uninstall the Service.

4.

If the Customer does not expressly object to an amendment of this Agreement or the
Individual Service Agreement or if the Customer uses the Service(s) again after theamended terms and conditions become effective, it shall be deemed that theCustomer consents to this Agreement or the Individual Service Agreement as
amended.

Article 4

Handling of Personal Information

Cygames shall handle the personal information obtained from the Customer inaccordance with the “Privacy Policy”, as set forth separately by Cygames.
Article 5
1.

Limited License of Rights (e.g. Intellectual Property)

The Service(s) are provided for the Customer’s enjoyment, and unless otherwise
specified, solely for the Customer’s own personal use. Cygames hereby grants the
Customer a personal, non-exclusive, non-transferable, non-sublicensable, limited
license to access and use the Service(s) and any game or Content included
thereunder for the Customer’s own non-commercial entertainment purposes, subject
to the Customer’s complete compliance with this Agreement. The Customer
acknowledges that the time spent on or using the Service(s), including and without
limitation on any underlying game or Content, is solely for the Customer’s personal
entertainment purposes, and that no monetary value can be attributed to such time,
and that, except for the license granted herein, the Customer is not entitled under
the law to use or have access to the Service(s) and/or the Content.

2.

Between the parties, Cygames shall own all rights and titles in and to (i) the Content,
including the text, software, images, programs, trademarks, logos, and any otherfeatures of the Content that is part of the Service(s), and (ii) all code, programming,and any associated patents or proprietary rights related to the Service(s) or theunderlying game. This Agreement shall not transfer any rights (e.g. intellectual
property rights) relating to the Service(s) to the Customer other than the right toaccess and use the Service(s) set out in Article 5(1). The Customer acknowledges

that Cygames’ intellectual property contained within the Content and the Service(s)are valid and protected in all media existing now or developed later in the future,
and acknowledges that the Customer does not acquire any ownership rights in or to
the intellectual property.
3.

Cygames does not grant the Customer any express or implied rights or licenses inor to the Service(s) and/or the Content other than what is expressly set forth herein.
Furthermore, the Customer may not modify, copy, adapt, reverse engineer, decompile or otherwise reduce to a human perceivable format, distribute, transmit,
transfer, license or sublicense, publicly display, or sell in any form or by any means,in whole or in part, the Content.

4.

Cygames reserves the right to modify, amend, and update the Content and theService(s) at any time and for any reason. The Customer agrees that Cygames will
not be liable to the Customer or any third party for any such modification,suspension, or termination.

5.

Cygames reserves the right to set, create, and change at its discretion thespecifications, rules, design, audiovisual expressions, effects, parameters, scenarios,
and all other matters in the Content and the Service(s).

6.

The Content contains copyrighted material, trademarks, and other proprietary
information, including videos, comments, articles, information, catalogs, brochures,data, text, software, photos, and graphics. The Content is subject to copyrights
owned by Cygames and other individuals or entities and is protected by copyright
laws.

7.

The names, trademarks, service marks, and logos of Cygames belong exclusively to
Cygames and are protected from reproduction, imitation, dilution, or confusing or
misleading use under trademark and copyright laws. All other trademarks, service
marks, and logos (including third-party product names) are the property of theirrespective owners. The use or misuse of the trademarks is expressly prohibited andnothing stated or implied in connection with the Services grants you any license or
right under any patent or trademark of Cygames or any third party.

Article 6
1.

Account and Password

The Customer will ensure that any username selected for your Account does notinclude personal information, does not infringe on any third-party rights, and is nototherwise unlawful. Cygames reserves the right to refuse to grant the Customer ausername for any reason, including if it potentially impersonates someone, is vulgar,
is otherwise offensive, or may cause confusion. The Customer does not own any

rights to the username and Cygames reserves the right to change or delete any
username, with or without prior notice to the Customer, at any time and for any
reason in its sole discretion.
2.

The Customer acknowledges that the Customer does not have any ownership or
proprietary rights to the Account. The Customer cannot transfer, loan, or pass on
any of the usage rights in this Service to a third party.

3.

To create an Account, we may require or request that you provide us with certain
information, including personal information. When you decide to provide Cygameswith your information, you agree to: (a) provide accurate information about yourself
as prompted by the Account registration process and (b) maintain and update yourinformation to keep it accurate and current. If any information provided by you is
untrue, inaccurate, not current, or incomplete, Cygames has the right to terminate
your access to and use of the Services.

4.

Cygames shall bear no responsibility or liability for any issue that arises as a resultof a defect or mistake in the information registered by the Customer when the
Customer uses this Service, and the Customer releases Cygames from all liabilityor responsibility for any actions taken which relate to the incorrect information.
THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE
CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD AND ALL
ACCESS TO AND USE OF THEIR ACCOUNT OR GAME ITEMS.

5.

The Customer shall take all appropriate safety measures against the unauthorized
use of the Account by any third party with reasonable care.
(1) The Customer shall in particular:-

safeguard the confidentiality of the Account’s username and password inparticular when using national or international media, private
correspondence, social media, or a service on the Internet; this entails
among others that the Customer shall:•

not communicate their username or password to any third party;•

only keep, if at all, encoded and separate written records of theusername and the password, and keep those separate records inplaces protected against the access by any third party;•-change the password at regular intervals, at least once a year;

secure access to the hardware with which the Customer accesses theService (i.e. by implementing further passwords necessary to unlock the
hardware, which again the Customer shall safeguard in the ways
described in this Agreement);-safeguard any credit cards or other payment instruments (e.g. Paypal)
which the Customer uses to effect payment for the Services against any
unauthorized use by third parties;-

in case the Customer has parental authority over a minor,•

restrict the minor’s use of the Customer’s Account and•monitor, on a regular basis, that the minor does not use theCustomer’s Account in spite of the prohibition to do so.

(2) If the Customer breaches the obligations of this Agreement, he or she shall be
liable according to the statutory damage claims and other claims permitted
under relevant laws and regulations.
6.

Cygames shall consider any acts performed by the Customer or by a third party on
the Customer’s Account as the Customer’s own acts if the third party was able touse the Customer’s Account due to the Customer’s permission or fault. The
Customer acknowledges that it is the Customer’s own responsibility to ensure thatthe information registered by the Customer when using the Service is not used in
an unauthorized manner by a third party. It is the Customer’s responsibility toresolve any issue that arises as a result of the Customer releasing their Accountdetails to a third party, whether by using national or international media, private
correspondence, social media, a service on the Internet, or any other method. The
Customer acknowledges that Cygames shall bear no responsibility for any suchmisuse.

7.

As between the parties, the Customer shall bear all liability and responsibility forany acts performed in the Services through the Customer’s Account and usernameby the Customer or by a third party on the Customer’s Account and username as the
Customer’s own acts if the Customer could have prevented the use of the Account byapplying reasonable care and in particular by complying with the obligations of thisAgreement.

8.

If the Customer violates this Agreement and does not comply with a warning notice,
Cygames reserves the right to delete or suspend the Customer’s Account andinformation associated with the Customer’s Account. All of the Customer’s usage
rights in this Service shall cease to exist when the Account is suspended, deleted, or
revoked, regardless of the reason.

Article 7
1.

Provision of Service

Cygames reserves the right to change, suspend or terminate at its discretion theService(s) and all the services provided using this Service. A complete termination

of the Service(s) will be announced (e.g. by its website or in-game message) byCygames six weeks before such termination takes effect, unless exceptional
circumstances or legal requirements make such an announcement impossible.
2.

If this Service is terminated under the preceding paragraph, the Customer cannot
access the Customer’s Account once the Service(s) are terminated.

3.

The Customer is not entitled to a refund, return, or other repayment incircumstances where there has been a cancelation by the Customer of the Fee-based
Services other than to the extent that any such refund, return, or other repayment
is required by applicable laws or regulations.

4.

Notwithstanding any provision to the contrary herein, the Customer agrees that theCustomer has no right or title in or to any Content, or Game Items, whether earnedin the game or purchased from Cygames, or any other attributes associated with an
Account or stored on the Service(s). THE CUSTOMER AGREES THAT GAMEITEMS HAVE NO CASH VALUE AND THAT CYGAMES HAS NO OBLIGATION
TO EXCHANGE GAME ITEMS FOR ANYTHING OF VALUE. IF THE
CUSTOMER’S ACCOUNT IS TERMINATED, OR SUSPENDED, GAME ITEMSAND THE ACCOUNT SHALL HAVE NO VALUE. Game Items may not betransferred, licensed, or sold.

5.

Cygames reserves the right to charge fees for (or to provide at no charge or for
promotion) the right to use Game Items.

6.

To the extent that it is inconsistent with the laws or regulations, Cygames has theright to modify or eliminate Game Items as it sees fit and in its sole discretion, andit will only be liable to the Customer for the exercise of such rights in cases of willful
misconduct and gross negligence.

For residents of France, Germany, Spain, Italy, and the United Kingdom, please refer tothe special provisions for such residents in Article 24.

Article 8

Advertisements

Cygames shall reserve the right to post the advertisements of Cygames or a third
party in this Service at the discretion of Cygames.
Article 91.

Fees and Expenses

The costs pertaining to the purchase, introduction, and maintenance of a Device, thecommunication fees (e.g. Data usage fees), and all other expenses necessary while
using this Service shall be borne by the Customer. The Customer will pay all fees orcharges incurred through its Account, including applicable taxes at the time thatthe fee becomes payable.
2.

Cygames may change the price for functions that are free or fee-based in this Service
at its sole discretion. Cygames may not inform the Customer if the price is to be
decreased, but shall inform the Customer in advance if Cygames charges new fees
for the functions which have been free before. The Customer shall be entitled towithdraw from the Agreement or, if applicable, terminate the affected Service if the
Customer does not accept the new price. THE CUSTOMER ACKNOWLEDGESAND AGREES THAT THE CUSTOMER IS FULLY LIABLE FOR ALL FEES AND
CHARGES INCURRED OR MADE THROUGH THE ACCOUNT AND THAT,UNLESS

OTHERWISEPROVIDED

FOR

HEREUNDER

OR

UNDER

APPLICABLE LAW, THERE ARE NO REFUNDS FOR FEES AND CHARGESINCURRED OR MADE THROUGH THE CUSTOMER’S ACCOUNT.
3.

The Customer hereby acknowledges and consents to the fact that it may no longer
be possible to use part or all of this Service if the Customer does not consent tochanges to pricing for functions.

Article 10
1.

Fee-based Services

It shall be possible to use the Service (except Fee-based Services) for free, but theCustomer may decide to use additional Fee-based Services.

2.

Fee-based Services can only be used as long as the Service(s) are provided. After thetermination of the Service(s), the Customer cannot continue to use any Fee-based
Services.

3.

The pricing of the Fee-based Services shall be described before any purchase can be
made. The price for the desired Fee-based Services will be shown in Euros, US
dollars, or in another currency applicable to the Customer’s region. Cygames or asettlement agency (including but not limited to an intermediary platform holder)will have the right to amend or change the prices prospectively. If a price determined
by Cygames or a settlement agency is amended, the amended price shall be
displayed.

4.

Customers can purchase Fee-based Services by selecting the desired Fee-based
Services, selecting the desired payment method, and press the relevant button toconfirm their intention to purchase the Fee-based Service, and which concludes thepurchasing process.

5.

The payment options may vary according to the Customer’s region and the technicalfeasibility of the payment options available in the market.

6.

The money will be collected via the respective platform as specified at the point ofpurchase.

7.

Statutory interest shall accrue in instances of default.

8.

The Customer shall not be able to transfer items obtained in a Fee-based Services
to another Account or sell or transfer their Account.

9.

If a minor uses such Fee-Based Service(s) under the Account of an adult, valid powerof representation and the consent of such adult shall be required in order for theminor to use the Service(s) (including their consent to this Agreement, to theparagraphs in this article, and to the Individual Service Agreement) and only theyshall be the contractual party of Cygames, bound by this Agreement.

10. If a minor of the age of 13 or above uses the Service, the consent of a legal
representative such as a parent is necessary for all use of the Service, including use
of Fee-based Services such as purchase of items and services (including consent tothis Agreement and Individual Service Agreements).
11. If a Customer who was a minor at the time of entering this Agreement or an
Individual Service Agreement uses the Service after reaching adulthood, theCustomer is deemed to have consented to all agreements relating to the use of theService through the continued use of the Service.

Article 11
1.

Prohibitions

The Customer shall not commit any of the following acts in the Service. In addition,
the Customer is prohibited from instructing, instigating, or coercing a third party tocommit such acts.
(1) Using the Service(s) in a manner that violates this Agreement or violates any
applicable law or regulation.
(2) Committing

fraud(including

computerfraud),

obstructing

business,

intentionally interfering with the Service(s) or fair play, committing
unauthorized access, bullying, distributing pornographic or inappropriate
images, committing other illegal acts, and acts that lead, or may lead, to aviolation of the law.
(3) Infringing on the ownership rights and other property rights, including but notlimited to the copyright, publicity rights, other intellectual property rights,
image rights, and other personal rights of Cygames or a third party.
(4) Making discriminatory, slanderous, libelous (or otherwise defamatory), or
offensive statements.

(5) Posting, writing, or uploading any content that includes expressions or content
which harass, degrade, or abuse a third party, or which is otherwise
inappropriate to a third party.
(6) Posting, writing, or uploading violent or grotesque content, such as violent or
grotesque photographs.
(7) Stalking, relentlessly pursuing, sending large volumes of messages, or othersimilar acts contrary to the will of other Customers in a manner which canharass or intimidate them.
(8) Posting links to adult sites, dating sites, and similar sites, and attempting to
induce encounters with other people.
(9) Acquiring, disclosing, falsifying, or leaking (or committing acts that may resultin the acquisition, disclosure, falsification, or leak of) information that canidentify individuals (e.g. names, titles, telephone numbers, e-mail addresses,
and addresses), non-public information, trade secrets, or confidential
information without the permission of the rights holder or the person, company,or group to which the information relates.
(10) Impersonating Cygames or a third party, and registering or posting false
information.
(11) Committing unauthorized access or acts with the intent of misleading Cygames
or a third party.
(12) Advertising, announcing, soliciting for, and carrying out transactions inpyramid schemes, multi-level marketing systems, network businesses, andother transactions similar to a chain structure related to the Service(s) orContent.
(13) Committing acts which relate to the Service(s) or Content and are intended tomake a profit without the consent of Cygames.
(14) Trading the Game Items, and similar things for profit with real-world cash,
property, or other assets (so-called “real money trade”), as well as performing
any preparatory acts, including inducing another to trade, making offers totrade, or accepting offers to trade, regardless of whether such actions occur
inside or outside this Service.
(15) Acquiring in an unauthorized manner the various contents provided byCygames through this Service (including, but not limited to, contents and items
provided in the Fee-based Services), hereinafter referred to as “In-service
Content”, or committing acts that facilitate the unauthorized acquisition of Inservice Content.

(16) Transferring to a third party or allowing a third party to use an Account, Inservice Content, or part or all of the rights and benefits available to theCustomer in this Service in exchange for cash or other assets, and advertising,announcing, or soliciting such exchanges.
(17) Inducing others to commit suicide or hurt themselves.
(18) Inducing others to commit antisocial behaviors.
(19) Providing links with the intention of promoting an act which is prohibited under
this paragraph.
(20) Facilitating the raising of a ranking of a user or acquiring prizes in the Service
by intentionally disconnecting the network during online play or repeatedly
losing to certain other users.
(21) Committing other acts which may be judged to be inappropriate by Cygames.
2.

The Customer shall not commit any of the following acts, or similar acts, which mayhinder or disturb the operation of the Service, regardless of whether such acts arecommitted inside or outside of the Service. In addition, the Customer is prohibitedfrom instructing, instigating, or coercing a third party to commit such acts. They areprohibited from doing the following, inter alia:(1) Attempting to use (in a manner that is not authorized), operate, or change thedata in the System.
(2) Using the Service(s) in a manner that (i) overburdens the System, (ii) sends
anything that contains a virus or other code intended to do harm, (iii) uses a botor script to scrape the Service(s) or Content, (iv) uses any game cheat or hack,or (v) uses other technical measures not provided by Cygames.
(3) Replicating, transmitting, transferring, renting, translating, adapting, oraltering the Service or combining the Service with other software.
(4) Deleting or changing the copyright notices attached to this Service or otherrights notices.
(5) Framing or mirroring any part of the Services without Cygames’ written
permission.
(6) Using, creating, distributing, or selling external tools that have an impact on
this Service.
(7) Transmitting identical or similar messages to a large number of Customers ortransmitting messages to any individual Customer multiple times (unlesspermitted by Cygames).
(8) Exchanging the right to use the Service(s), or any Content, or any of the rights
contained in the Service(s) (or Content) for cash, property, labor, or othereconomic benefit or transferring, sublicensing, or otherwise disposing of suchrights (except in a manner which is permitted by Cygames).
(9) Committing acts that interfere with the System used as part of this Service.
(10) Using the Account of another Customer.
(11) Claiming to be, hinting to be, or suggesting to be in affiliation with or otherwise
impersonating an affiliation with Cygames, an affiliate company, or a related
person.
(12) Sharing an Account between multiple people without the consent of Cygames.
(13) Accessing this Service with a Device that has been modified (e.g. rooted or
jailbroken).
(14) Altering, damaging, disassembling, decompiling, or reverse engineering thisService.
(15) Making unreasonable inquiries or requests to Cygames (e.g. unnecessarily
repeating a question or similar questions).
(16) Intentionally utilizing malfunctions or bugs of this Service.
(17) Intentionally inducing malfunctions or bugs of this Service.
(18) Using this Service for purposes not intended by Cygames.
(19) Committing any other equivalent or similar act that interferes with, hinders, or
damages, or may interfere with, hinder, or damage the operation of this Service
by Cygames or the use of this Service by another Customer.
3.

If Cygames suspects that (i) the Customer has committed, or may commit, aprohibited act, (ii) the Customer admits to committing a prohibited act, or (iii)
Cygames determines the Customer’s use of this Service is inappropriate, Cygames,
in its sole discretion, shall reserve the right to take the following measures.
(1) Requesting that the Customer stops the prohibited act and does not undertake
any similar acts.
(2) Revoking items or similar things acquired by the Customer and taking otherpunitive measures in this Service.
(3) Stopping part or all of the Customer’s use of the Service.
(4) Stopping or deleting the Customer’s Account.
(5) Revoking the rights obtained through prohibited acts.
(6) Disclosing inside and outside the Service the relevant facts of the prohibited
acts, including making a report to the police or another public agency in acriminal case, administrative case, or other case that may correspond to this.
(7) Taking other equivalent measures determined by Cygames to be necessary andappropriate.

4.

Cygames shall reserve the right not to provide services, including the Service, to a
Customer whose Account has been deleted under the preceding paragraph 3.
Cygames may store personal information to the extent necessary to take suchmeasures.

Article 121.

Limitations of the Services

The Services and any information and materials provided on or through theService(s), including without limitation, Game Items, Content, and any other data,
text, pictures, graphics, audio, video, icons, games, software, and upgrades for use
in games or on or through the Service(s) ARE PROVIDED ”AS IS”. The Customer
shall use the Service under the Customer’s own responsibility and judgment.
Cygames provides no guarantees in regards to the precision, completeness, accuracy,
validity, applicability, usefulness, or availability of the Service, as further detailed
in this Article and Article 13. Moreover, Cygames shall provide no guarantees inregards to the suitability of the Service for use by the Customer or on the Device
used by the Customer (including recommended Devices and Devices indicated ashaving the recommended environment within the Service).

2.

Cygames provides no guarantee that it will be possible for the Customer to accessor use the Service at the time or place of the Customer’s choosing or that the Service
shall be without interruption or error.

3.

Cygames provides no guarantees in regards to the legality, integrity, safety, accuracy,
or compliance with public morals of any third-party website that can be accessed
through a link from the Service.

4.

Cygames provides no guarantees in regards to products and services other than theService provided by a third party that is provided in relation to the use of the Service.

Article 13
1.

Disclaimers of Warranties & Limitation of Liability

CYGAMES’ SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO
THE EXTENT PERMITTED BY APPLICABLE LAW, CYGAMES AND ITS
AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND
AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGWITHOUT

LIMITATION,IMPLIEDWARRANTIESOFTITLE,NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM A
COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

CYGAMES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS,SPONSORS, AND AGENTS DO NOT WARRANT THAT THE CUSTOMER’S USE
OF THE SERVICES AND THE CONTENT, INCLUDING WITHOUT LIMITATIONANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES, WILL
BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE
CORRECTED. NO OPINION, ADVICE, OR STATEMENT OF CYGAMES OR ITSAFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS,
MEMBERS, OR VISITORS, WHETHER MADE IN ASSOCIATION WITH THE
SERVICES OR CONTENT, SHALL CREATE ANY WARRANTY.
2.

CYGAMES SHALL NOT, UNDER ANY CIRCUMSTANCES, PROVIDE A RETURN
OR REFUND FOR THE CONVENIENCE OF THE CUSTOMER OF MONEY THATHAS BEEN PAID BY THE CUSTOMER OTHER THAN TO THE EXTENT THATSUCHARETURNOR

REFUNDISREQUIREDBY

APPLICABLE

LAW/REGULATIONS.
3.

CYGAMES

SHALL

NOT,

UNDER

ANY

CIRCUMSTANCES,BEARRESPONSIBILITY FOR DAMAGES IN REGARDS TO ANY DAMAGE SUFFEREDAS

ARESULTOFTHE

CUSTOMERAPPLYING

ALTERATIONS,MODIFICATIONS, OR TECHNICAL CHARACTERISTICS TO THE HARDWARE
OR SOFTWARE OF ANY DEVICES AND THEN NOT BEING ABLE TO
PROPERLY USE THIS SERVICE. IN ADDITION, CYGAMES SHALL HAVE NORESPONSIBILITY TO PROVIDE ANY HELP OR ASSISTANCE TO REINSTATE
THE USE OF THIS SERVICE IN SUCH AN EVENT.
4.

CYGAMES

SHALL

NOT,

UNDER

ANY

CIRCUMSTANCES,BEARRESPONSIBILITY FOR ANY DAMAGES SUFFERED AS A RESULT OF THE
CUSTOMERPERSONALLYLOSINGOR

FORGETTINGREGISTEREDINFORMATION. IN ADDITION, CYGAMES SHALL PROVIDE ABSOLUTELY NO
HELP TO REINSTATE THE USE OF THIS SERVICE IN SUCH AN EVENT. THE
SAME SHALL ALSO APPLY IN THE EVENT THE CUSTOMER LOSES ANYREGISTERED INFORMATION DUE TO UNAUTHORIZED USE, LOSS, THEFT,FAILURE, OR ANY OTHER REASON IN REGARDS TO THE DEVICE USED IN
THIS SERVICE. CYGAMES SHALL RESPOND TO INQUIRIES, IDEAS FOR
IMPROVEMENT, OTHER SUGGESTIONS AND FEEDBACK FROM THE
CUSTOMER PERTAINING TO THIS SERVICE UNDER ITS OWN DISCRETION
AND JUDGMENT WITHOUT OBLIGATION TO PROVIDE A REPLY OR ANY
KIND OF SUPPORT. CYGAMES MAY PROVIDE SUPPORT TO THE CONTENTOF INQUIRIES, IDEAS, SUGGESTIONS, FEEDBACK, AND SIMILAR FROM

THE CUSTOMER. HOWEVER, THIS SHALL NOT BE INTERPRETED AS AN
OBLIGATIONTOPROVIDEINDIVIDUALANSWERS,REPORTS,ORFINANCIAL COMPENSATION TO THE CUSTOMER.
5.

CYGAMES

SHALL

NOT,

UNDER

ANY

CIRCUMSTANCES,BEARRESPONSIBILITY TO REPAIR BUGS OR SIMILAR IN THIS SERVICE AND
SHALL BEAR NO OBLIGATION TO REFORM OR IMPROVE THIS SERVICE.
6.

CYGAMES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS,SPONSORS, AND AGENTS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE
LIABLEFOR

ANY

DAMAGES(INCLUDINGWITHOUT

LIMITATION,

INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES; DAMAGES
FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS; OR DAMAGESFORWRONGFUL

DEATH/PERSONALINJURY)RESULTINGFROMACUSTOMER’S USE OF OR INABILITY TO USE THE SERVICES, WHETHERBASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT CYGAMES IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE
WITH CYGAMES IS TO DISCONTINUE YOUR USE OF THE SERVICES. UNDERANY CIRCUMSTANCES, THE MAXIMUM LIABILITY TO CYGAMES AND ITS
AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND
AGENTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHERIN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE),
OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY THE CUSTOMERTO CYGAMES IN THE PRECEDING TWELVE (12) MONTHS.
7.

NO COMMUNICATION OF ANY KIND BETWEEN THE CUSTOMER AND
CYGAMES CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITYHEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLYSTATED IN THIS AGREEMENT.

Article 14
1.

Termination

Cygames may revoke the Customer’s license and terminate the Customer’s accessto and use of the Service(s) and the Account for any violation of this Agreement andmay delete the Customer’s Account, and any Game Items associated therewith. If
Cygames revokes the Customer’s license and terminates the Customer’s access toand use of the Service(s) and the Account, Cygames will not have any liability to theCustomer for any time spent by the Customer or for any Game Items acquired by
the Customer. If the Customer terminates the Service, all outstanding financial

obligations owed by the Customer to Cygames shall be fulfilled immediately by the
Customer. If the Customer dies, the Account will be terminated.
2.

Cygames shall bear no obligation to retain any information (e.g. personal
information) of a Customer or Account if the Customer’s Account has been
terminated.

Article 15

Indemnity

The Customer agrees to reimburse Cygames for all damages resulting from the violationof this Agreement. The Customer releases Cygames from any third-party claims,
liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees
and court costs) that third parties may incur as a result of or arising from the Customer’s
violation of (i) this Agreement; (ii) any law or regulation; or (iii) a third party’s
proprietary or intellectual property right.
Article 16

Prohibition on the Transfer of Rights and Obligations

You shall not resell or assign your rights, duties, or obligations under this Agreement,
and any attempted assignment or delegation will be void and of no force or effectwhatsoever. This Agreement may be automatically assigned by Cygames, in our sole
discretion, to a third party, and such an assignment will inure to the benefit of our
successors, assigns, and/or licensees. Without limiting the foregoing, we may sell,transfer or otherwise share some or all of our assets with any parent company, subsidiary,
joint venture, and any company under our common control, as well as with a potential
acquirer, lender, or investor, including in connection with a merger, reorganization, or
sale of assets, or in the event of bankruptcy.
Article 17

PlayStation® Supplemental Terms

This Article is supplementary to, and incorporated into as a part of, the terms of thisAgreement for the Customer who uses the Service in products or services provided bySony Interactive Entertainment Inc., Sony Interactive Entertainment America, or SonyInteractive Entertainment Europe Limited (hereinafter collectively referred to as “SIEGroup Companies”). As for item (5) and item (6) of this Article, item (5) shall be applied
if the Customer is a resident of Sony Interactive Entertainment America’s service
territory, and item (6) shall be applied if the Customer is a resident of Sony Interactive
Entertainment Network Europe Limited’s service territory. In addition, the provisions

of each of the following items shall be applied preferentially insofar as the content thereof
conflicts with the content of the other terms of this Agreement.
(1) This Agreement is between Cygames and the Customer, not between SIE Group
Companies and the Customer.
(2) Cygames is solely responsible for the Service.
(3) The license stipulated in the provisions of Article 5 is limited to the Customer’s useof the Service on a PlayStation® console owned or managed by the Customer or othersystems provided by PlayStation™Network.
(4) SIE Group Companies are a third-party beneficiary of this Agreement.
(5) Purchase and use of items are subject to the Network Terms of Service and User
Agreement. This online service has been sublicensed to you by Sony Interactive
Entertainment America.
(6) Any content purchased in an in-game store will be purchased from Sony Interactive
Entertainment

Network

EuropeLimited(“SIENE”)

andbesubject

to

PlayStation™Network Terms of Service and User Agreement which is available on
the PlayStation™Store. Please check usage rights for each purchase as these may
differ from item to item. Unless otherwise shown, content available in any in-gamestore has the same age rating as the game.

Article 18
1.

Validity of This Agreement

Except as described in Article 20, if any part of this Agreement or the Individual
Service Agreement is or becomes invalid or unenforceable, the rest of this Agreement
and the Individual Service Agreement shall continue to apply and be binding, andany invalid or unenforceable term will be substituted with a valid and enforceable
term that reflects Cygames’ intent as closely as possible.

2.

This Agreement and the Individual Service Agreement comprise the entire
agreement between parties relating to the subject matter, and (except in the case of
fraud or a fraudulent misrepresentation) supersedes all prior understandings of theparties relating to the subject matter of this Agreement and/or the Individual
Service Agreement, whether those prior understandings were electronic, oral, orwritten, or whether established by custom, practice, policy, or precedent, between
the parties.
3.

Our failure to act with respect to a breach by you or others does not waive our rightto act with respect to a subsequent or similar breach or breaches. If Cygames does
not exercise or enforce any legal right or remedy which is contained in thisAgreement or the Individual Service Agreement (or which Cygames has the benefit
of under any applicable law or regulation), such action or inaction shall not be taken
to be a formal waiver of Cygames' rights, and all such rights or remedies shall still
be available to Cygames. Any waiver must be in writing and signed by both parties
to be legally binding.

Article 19

Force Majeure

Cygames is not and shall not be liable for any failure to perform its obligations hereunder
due to external, unforeseeable, and irresistible circumstances, such as changes orproblems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil ormilitary authorities, fire, floods, accidents, network infrastructure failures (including
network infrastructure failures related to the platform on which the service(s) is
provided), strikes, pandemics (including government requests relating to a pandemic),or shortages of transportation facilities, fuel, energy, labor, or materials.
Article 20

Governing Law and Jurisdiction

Before bringing a formal legal case, the Customer should contact Cygames’ Customer
Support team. Most disputes can be resolved that way. This Agreement shall be governedin all respects by the laws of Japan. The Customer agrees that any claim or dispute theCustomer may have against Cygames must be resolved exclusively by the Tokyo District
Court in Japan. The UN Convention on Contracts for the International Sale of Goods(CISG) shall be excluded. The mandatory provisions of the region in which the user
resides in shall remain unaffected by this choice of law.
For residents of the United States, the following shall apply in place of Article 20:
Please note, the arbitration provision set forth below requires you to arbitrate any claims
you may have against us on an individual basis. ARBITRATION ON AN INDIVIDUALBASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A
JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED
IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

New Jersey’s Truth-in-Consumer, Contract, Notice, and Warranty Act
Under the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act(“TCCWNA”), N.J.S.A., consumers may not be offered any written contract which
includes any provision that violates any clearly established legal right of a consumer, or
responsibility of a seller, as established by New Jersey or federal law. Further, under the
TCCWNA, no consumer contract may state that any of its provisions are or may be void,
unenforceable, or inapplicable in certain jurisdictions without specifying whether suchprovisions are or are not void, unenforceable, or inapplicable in New Jersey. As such,please note the following:• The limitations of liability and waiver of damages in Article 13(6) are not applicableto New Jersey residents.
• The indemnification requirement in Article 15 is not applicable to New Jersey
residents.
• The provisions limiting a Customer’s right to a return or refund in Articles 7(3), 7(6),9(2), and 13(2) are applicable to New Jersey residents.
Disputes and Agreement to ArbitrateThis Agreement is governed by the laws of Japan, without resort to its conflict of laws
principles. You further agree that any disputes or claims not subject to the arbitration
provision discussed below shall be resolved by Tokyo District Court and you agree andsubmit to the exercise of personal jurisdiction of such courts for the purpose of litigating
any such claim or action.
If any provision of this Agreement is found to be invalid by any court having competentjurisdiction, the invalidity of such provision shall not affect the validity of the remaining
provisions of this Agreement.
By using Cygames Services, you and Cygames agree that, if there is any controversy,
claim, action, or dispute arising out of or related to your use of our Services, or the breach,
enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”),
both parties shall first try in good faith to settle such Dispute by providing written noticeto the other party describing the facts and circumstances of the Dispute and allowing thereceiving party 30 days in which to respond to or settle the Dispute.
Notice shall be sent:(1) to Cygames through: the e-mail(service_info@cygames.co.jp), or(2) to the customer at: the contact details provided separately by the customer.
Both you and Cygames agree that this dispute resolution procedure is a condition
precedent that must be satisfied before initiating any litigation or filing any claim
against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTERESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVEJURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING
ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUALBASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A
JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED
IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights thatyou and we would have in court will not be available or will be more limited in arbitration,
including discovery and appeal rights. All such Disputes shall be exclusively submitted
to JAMS (www.jamsadr.com) for binding arbitration under its rules and before one
arbitrator to be mutually agreed upon by both parties. The JAMS rules that will apply
are the rules in effect at the time the arbitration takes place.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive
authority to resolve any dispute arising under or relating to the interpretation,
applicability, enforceability, or formation of this Agreement, including any claim that allor any part of this Agreement is void or voidable.
The parties acknowledge that this Agreement evidences a transaction involving
interstate commerce. Notwithstanding the provision in the preceding paragraph withrespect to applicable substantive law, any arbitration conducted pursuant to the termsof this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

Article 21

Third party rights

This Agreement is between the Customer and Cygames. No other person shall have any
rights to enforce any of its terms.

Article 22

No Waiver

If Cygames does not insist immediately that the Customer does anything required under
this Agreement, or if Cygames delays in taking steps against the Customer in respect ofbreaking this contract, that will not mean that the Customer does not have to do thosethings and it will not prevent Cygames from taking steps against the Customer at a later
date. For example, if the Customer misses a payment and Cygames does not chase you
but continues to provide the Service(s), Cygames can still require the Customer to makethe payment at a later date.
Article 23

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created between the Customer and Cygames by thisAgreement.
Article 24

Consumer’s Rights

For residents of California, the following shall apply:
Under California Civil Code Section 1789.3, residents of California are entitled to thefollowing specific consumer rights notice: The Complaint Assistance Unit of the Divisionof Consumer Service(s) of the California Department of Consumer Affairs may becontacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or bytelephone at (916) 445-1254 or (800) 952-5210.

For residents of South Korea, the following shall apply:
Refund of Fee-based Services
1. Notwithstanding Articles 7(3) and 13(2), the Customer may cancel any Fee-based
Service and demand a refund within seven (7) days from the purchase date or the startdate of the Fee-based Service; provided, however, the Customer will not be entitled to arefund in any of the following cases:1.

the product is lost or damaged due to a cause attributable to the Customer;2.

the Customer has used or partially consumed the product;3.

the resale of the product is difficult due to the passage of time;4.

the packaging of a reproducible product is damaged; or

5.

any other reason stipulated by law to ensure the secure transaction of the
product.

In the event that the Customer may not cancel a Fee-based Service for reasons 2 through4 above, Cygames shall take measures to ensure that the Customer is not blocked fromexercising the cancellation right by clearly indicating such fact on the product’s
packaging or another location that is easily noticeable by the Customer, or providing atest sample of the product to the Customer.
2. Notwithstanding the provision above, if the contents of the Fee-based Service aredifferent from the labeling, advertisement, or terms of the agreement, the Customer may
cancel a Fee-based Service within three (3) months of the purchase date or start date of
the Fee-based Service, or thirty (30) days from the date in which the Customer realizes
or could have realized a discrepancy.
3. In the event the Customer cancels any Fee-based Service, Cygames shall immediately
withdraw/delete the Fee-based Service and refund the payment for the Fee-based Service
made by the Customer within three (3) business days of withdrawal/deletion; provided,
however, if any of the cancelled products or Services have been already used or consumed
in part by the Customer, Cygames may only refund the amount remaining after
deducting the value of the Fee-based Service that has already been used or consumed by
the Customer.

For residents of France, Germany, Spain, Italy, and the United Kingdom, the following
shall apply:
Right to Withdrawal and Instructions for the Right to Withdrawal
You have the right to withdraw from any purchase within 14 days without giving any
reason.
The withdrawal period will expire after 14 days from the day you enter the contract forany purchase.
To exercise the right to withdrawal, you must inform us of your decision to withdraw
from the contract with a clear statement (e.g. a letter sent by mail, fax or email). You
may use the Model Withdrawal Form below, but it is not obligatory. We will confirm thereceipt of your withdrawal without undue delay on a durable medium.
To meet the withdrawal deadline, it is required of you to send your request concerning
the exercise of your right to withdrawal before the withdrawal period has expired.

Effects of Withdrawal
If you withdraw from any purchase, you will still need to pay for any services provided

up to the time you withdraw but we will reimburse you for the balance of all payments
we have received from you for the purchase after deducting such amount.

We will make the reimbursement without undue delay and no later than 14 days after
the day on which we are informed about your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment as you used for the
initial transaction, unless expressly agreed otherwise; in any event, you will not incur
any fees as a result of the reimbursement.

Early Expiration of the Right to Withdrawal
In relation to purchase of Game Items, the right to withdrawal expires if you commenceusing the Game Items after you have expressly consented to such commencement prior
to the expiry of the withdrawal period, and you have acknowledged that by this consent
you lose your right to withdraw.

Model Withdrawal Form
(If you want to withdraw from the contract, please complete and return this form.)- To [here the trader’s name, geographical address and email address are to be inserted
by the trader]: [..]
I hereby give notice that I withdraw from my contract [for the supply of the following
digital content/for the provision of the following service]:- Ordered on:- Name of Customer(s):- Address of Customer(s):- Signature of Customer(s) (only if this form is notified on paper):- Date:
The following shall also apply for residents of France, Germany, Spain, Italy, and theUnited Kingdom:• The limitations of liability and waiver of damages in Article 13(6) are not applicable.
• Notwithstanding Articles 12(1) and 13(1) and subject to certain exceptions,(i) under applicable consumer law, the Customer may be entitled to a refund if Services
are not as described or of satisfactory quality; and(ii) under applicable consumer law, the Customer may be entitled to a repair of theDevice or compensation if the Customer can show the fault of Services has damaged theDevice and Cygames did not use reasonable care and skill.
• Article 20 shall not prohibit the Customer from bringing a claim or dispute against
Cygames in the country of the Customer's habitual residence.