Terms of Service
[About these Terms of Service]
- These terms of service (hereinafter referred to as “Terms”) set forth the terms and conditions to be agreed necessarily by the user of the services (hereinafter referred to as “User”, “you” or “your”) provided by fty LLC(hereinafter referred to as “we”, “our”, or “us”). The services that we provide shall include, but not limited to, games application (“Games”), and other related mobile applications (hereinafter referred to as “Services”).
- User should carefully read these Terms before using the Services.
- You are deemed to have agreed to these Terms at the moment you download, install, access or begin to use our Services.
[About Changes to the Terms]
- We may amend these Terms (including the rule and regulations regarding the Services, posted on our website), the means in disclosing such amendments shall be at our discretion.
- The User who continues to use our Services after changes to all or part of these Terms is deemed to have agreed to the changes. User should confirm the up-to-date changes of these Terms before using our Services.
[Use of Services]
- Subject to your compliance with this, we grant you a limited, non-exclusive, revocable and non-assignable license, without the right to sublicense, to access, download and use our Services on any authorized device you own and control, solely for your personal, noncommercial entertainment use.
- User acknowledges the Services is provided AS IS and any use of the Services by User shall be on ‘AS IS’ basis.
- The license to use our Services granted herein remains in effect until terminated by you or us. You may terminate the license at any time by destroying all copies of the Services in your possession or control.
- The license granted herein will automatically terminate without notice from us if you in any way breach any provision of these Terms.
[About Services]
- No registration is required to use our Services except for Games for fees or offer in-game purchases (hereinafter referred to “Paid Content” and “Paid Coins”) provided by us. In addition to the free use of our Services, we also provide Paid Content and Paid Coins
- We provide our Services through a third-party platform, such as Apple’s App Store or Google Play Store (hereinafter referred to as “Application Store”). User should read the term of use of the Application Store before begin using our Services.
- The costs of data transmission over telecommunications lines (including the costs of an internet connection) are the burden of the User, we shall not be responsible for these costs. You should contact your internet provider or other telecommunications provider for more information on these costs. In addition, we shall not be responsible for any loss or damage incurred by User related to User’s telecommunications lines.
[Paid Content]
- Paid Content purchase charges will be paid by the settlement means provided by the Application Store. The sales price will be displayed on the purchase page and Paid Content will be provided immediately following completion of payment.
- Due to the nature of the content of our Services, returns are not accepted, and exchanges are not permitted.
- Paid Content can only be used on the device that has obtained the said Paid Content.
- Some Paid Content has established usage period or a subscription option (“Subscription”). We provide notices regarding the Subscription on the Services. User should confirm the usage period of the Subscription before purchase the Paid Content. The manner for any renewal or cancelation of the Subscription shall be separately provided by us.
- Minors should obtain approval from their parent or guardian before purchasing Paid Content. Payment cannot be canceled in cases where approval is given under false pretenses, without such parental approval, or when age is falsified to show as legal age.
[Paid Coins]
- Paid Coins purchase charges will be paid by the settlement means provided by the Application Store. The sales price will be displayed on the purchase page and Paid Coins will be provided immediately following completion of payment.
- Due to the nature of the content of our Services, returns are not accepted, and exchanges are not permitted.
- Paid Coins can only be used on the device that has obtained the said Paid Coins. The Paid Coins will not be transferred when you change your device model.
- Paid Coins purchased on iOS devices do not expire. Paid Coins purchased on non-iOS devices expire 180 days from the date of issue.
- Paid Coins cannot be refunded or redeemed for cash. However, for Paid-in Coins that have no expiration date, User may request a refund of the unused portion of the Paid Coins when all of the Services for which the Paid Coins are used are terminated or when all of the Services are terminated.
- Minors should obtain approval from their parent or guardian before purchasing Paid Content. Payment cannot be canceled in cases where approval is given under false pretenses, without such parental approval, or when age is falsified to show as legal age.
[Free Coins]
- Free Coins can only be used on the device that has obtained the said Free Coins. The Free Coins will not be transferred when you change your device model.
- We may set and change the conditions to award Free Coins, including the opportunity, quantity and validity period, etc., at the solo discretion.
- Free Coins expire after the validity period.
- Free Coins cannot be returned, exchanged or redeemed for cash.
[Prohibited Acts]
The following acts are prohibited upon the use of this Services by User- Acts in violation of any laws or regulations.
- Acts that harm public order or public morality.
- Acts that involve diverting, selling, or reselling our Services without permission.
- Any act to upload invalid data, viruses, worms, bugs or other software agents through our Services.
- Act to induce malfunction to our Services.
- Any act that causes excessive load on our server or the Services.
- Any act to modify, remove, decompile, disassemble or reverse engineer any software included in our Services.
- Unauthorized acts in accessing to the system connected to our Services illegally or unauthorized rewriting or erasing of information stored in our Services.
- Any act to copy, distribute, modify or disclose any part of our Services.
- Automated access by programs for the purpose of gathering data.
- Use in circumstances or situations such as while walking, driving, etc. in which the use of our Services would be inappropriate.
- Acts that violate these Terms.
- Any additional act that is judged as inappropriate by us.
[Intellectual Property Rights]
- These Terms confer only the right to use the Services and nothing in these Terms convey any rights of ownership in or to our Services to the User.
- All rights, titles and interests, including without limitation any copyright, patent, trade secret or other intellectual property rights in the Services and all contents existing or created in or through the Services will remain our sole property.
- We retain all rights, titles and interests in and to the Services and any content available therein, including, but not limited to, any Game, title, source and object code, other computer code and software, theme, object, character and character likeness, character name and character profile information, story, dialogue, catchphrase, location, artwork, animation, sound, musical composition, audio-visual effect, concept and method of operation, layout, text, data, file, imagegraphic, the “look and feel” of the Service, documentation, gaming history and recording of gameplay, transcript of any chat room, and moral right, whether registered or not, and all applications thereof.
[Suspension or Termination of the Services]
Circumstances may require the Services, in whole or in part, to be temporarily suspended or terminated without prior notice to the User. We reverse the right to make a change, modify or disable access to the content of our Services (such as any particular Games) without notice. When it is required for us to suspend our Services, we bear no compensation liabilities for any losses or damages incurred to the User that result from the following actions.- When necessary for the maintenance or inspection of equipment used by the Services.
- When there has been system overload due to increased usage or other unexpected reason.
- When natural disasters, incidents, or other emergencies arise or there is a danger of them arising
- When the telecommunications provider suspends telecommunication services.
- When the operation of our Services becomes difficult due to any law or regulation.
- Any other cases where it is deemed desirable to suspend the operation of our Services in part or in whole.
[Scope of Liability]
- We bear no responsibility for any type of damages caused to User arising from the use of our Services, provided that in the cases that company’s liability is compulsorily imposed by the Japanese Consumer Contract Act (“Consumer Act”) or any other laws of Japan, we bear responsibility to the extent provided in these laws.
- Even if these Terms are judged to be a transaction subject to the Consumer Act, we will only bear responsibility for the compensation for direct or general damages caused to User through the Services. However, we will bear the responsibility to the extent provided in the Consumer Act for damages caused to User by our intentional misconduct or gross negligence.
[About Warranty and Disclaimer]
- We make no warranty regarding the suitability, merchantability, accuracy, usefulness, completeness, legality, fitness for User’s specific purpose to the contents and other information provided through our Services.
- We shall not bear any liability for any damages (direct or indirect), poor physical condition, deterioration of symptoms, accidents, injuries and other matters arising from the use of our Services by you.
- We give no warranties concerning the absence of security flaws, errors, bugs or defects, and no infringement of the rights of third parties for any contents and other information provided through our Services.
- We shall not be held liable for any damages incurred by the User due to changes in the usage rules and application policy of the Application Store, which would restrict the usability (in whole or in part) of our Services by the User.
[About Devices]
- You are responsible for the operation of the device that our Services are installed upon, and you shall bear all responsibility for any and all actions involved in the use of your device.
- You shall be responsible for damages arising from the incorrect operation, erroneous use, or third-party use of your device. We bear no responsibility in these matters.
- We bear no responsibility for any loss of items, virtual currency, or any other game data saved or any other disadvantages.
- We provide no guarantee that our Services are compatible with your device or that any problem occurs due to the changes made to our Services shall be resolved by us.
[About Privacy]
- Any information pertaining to User, including User’s information and User’s device information, shall be handled by us in accordance with our Privacy Policy separately established(https://app.ftyapp.com/privacy/en.php).
- The User shall agree that we may be able to use any information or data provided by User to us for the purposes of improvement and development of the Services and that we may be able to publish any such information as statistical data, only to the extent that no individual is identifiable therefrom.
[Assignment]
- User hereby agrees that in the event we transfer a part of our business relating to the Services, we shall be able to also transfer its title, rights, and obligations under these Terms, including User’s information, User’s device information, and other client data to the transferee. The transfer of our business as provided for in this paragraph shall include general successions including mergers and company splits where we are being absorbed or split.
- Unless prior written consent is obtained from us, User shall not assign or pledge as security any title, right, obligation hereunder or under these Terms to any third party, whether in whole or in part.
[Severability]
- If any provision or part of these Terms is held invalid or unenforceable under any applicable laws or regulations, the remainder of parts of these Terms will continue to be valid and enforceable. In such event, User agrees that the invalidated or unenforceable provision shall be replaced to the extent necessary to make such provision valid and enforceable and bring the same legal and economic effects initially intended or contemplated based on the original provision.
- In the case that any provision or part of these Terms being deemed to be invalid or unenforceable to a user, such invalidity or enforceability will not have any effect on other users.
[Governing Law and Jurisdiction]
- The Terms is governed by the law of Japan. You agree that the United Nations Convention on Contracts for the International Sale of Goods is excluded from applying to the material bought and sold in the Services.
- Any and all disputes arising out or in connection with these Terms shall be exclusively brought before the Tokyo District Court of the first instance.
Notation based on the Act on Specified Commercial Transactions
[Company Name]
fty LLC[Seller]
Yoshifumi Yokoyama[Contact Us]
info@ftyapp.xyz[Address]
3-2-1 Sumitomo Fudosan Roppongi Grand Tower 22F, Roppongi, Minato-ku, Tokyo, 106-0032, Japan[Selling Price]
The price is displayed on the purchase page of the product.[Provision]
Contents will be provided immediately after payment is completed.[Returns and Exchanges]
Due to the nature of the contents of this service, we cannot accept returns or exchanges.[Other Expenses]
Charges for internet connection, telecommunication lines, etc.(You should contact your internet provider or other telecommunications provider for more information on these costs.)