Terms of Service

These Terms (hereinafter referred to as the "Terms") apply to all matters related to the use of the VR online game provided by CharacterBank Inc. (hereinafter referred to as the "Company") under the name "Knights of Fiona" (including the service after any changes in name or content for any reason; hereinafter referred to as the "Game") between the user of the Game and the Company. When using the Game, you must read and agree to these Terms.

Article 1 (Application and Changes to the Terms)

1. By downloading, installing, or using the Game, the user is deemed to have agreed to these Terms, and a use agreement for the Game (hereinafter referred to as the "Use Agreement") incorporating these Terms as the contract content is established.
2. Various regulations, guidelines, and other provisions (hereinafter referred to as "Regulations") presented by the Company from time to time via online or other methods regarding the use of the Game shall constitute a part of these Terms. However, if there is a discrepancy between the content of these Terms and the Regulations or other descriptions of the Game outside of these Terms, the provisions of these Terms shall take precedence.
3. The Company may change these Terms and the Regulations if it determines there are reasons such as changes in the actual circumstances related to the Game, changes in social or economic conditions, changes in tax systems or laws, or other various circumstances. In the event of changing these Terms and Regulations, the Company shall publicize the effective date and content of the revised Terms and Regulations through the Game's website (referring to the website operated by the Company with the domain "knights-of-fiona.com"; including the website after any changes to the domain or content for any reason; the same shall apply hereinafter), displays within the Game screen, or other appropriate methods, or notify the user. The revised Terms and Regulations shall apply from the effective date specified at the time of such publication or notification.
4. If the user continues to use the Game after the publication or notification of changes to these Terms and Regulations as prescribed in the preceding paragraph, the user shall be deemed to have accepted the changes to these Terms and Regulations.
5. In addition to these Terms, the terms of service set by each distribution platform (Meta, Steam, etc.) of the Game may also apply to the user. In such cases, the user shall comply with those terms of service.

Article 2 (License)

1. Provided that the user complies with the provisions of these Terms, the Company grants the user a non-exclusive, non-commercial right to use the Game solely for personal purposes on the hardware prescribed by the Company, such as game consoles or PCs owned by the user (hereinafter referred to as "Target Hardware"). Furthermore, this license may be subject to restrictions on the period or frequency of use, or other additional conditions.
2. The user may not sub-license the rights granted under the preceding paragraph to a third party or transfer said rights to a third party.
3. The Game is intended for individuals aged 13 and older. Persons under the age of 13 may not use the Game.

Article 3 (Account Registration)

1. A person who wishes to use the Game must agree to comply with these Terms and apply for Game account registration by providing certain information prescribed by the Company (hereinafter referred to as "Registration Items") through the method prescribed by the Company.

2. The Company shall determine the eligibility of the person who applied for account registration under Paragraph 1 (hereinafter referred to as the "Applicant" in this Article) according to the Company's standards, and if the Company approves the use, it shall notify the Applicant to that effect. The Applicant's account registration is completed when such notification is made to the Applicant.

3. Upon completion of account registration as prescribed in the preceding paragraph, the user will be able to use the Game in accordance with these Terms.

4. The Company may refuse account registration (including subsequent registrations) if the Applicant falls under any of the following categories, and the Company is under no obligation to disclose the reason for such refusal.

   (1) If all or part of the Registration Items provided to the Company were false, contained errors, or were omitted.

   (2) If the person is under 13 years of age.

   (3) If the person is under 18 years of age (hereinafter referred to as a "Minor"), an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant.

   (4) If the Company determines that the person is an anti-social force (meaning organized crime groups, members of organized crime groups, right-wing groups, anti-social forces, or others equivalent thereto; the same shall apply hereinafter), or has some form of interaction or involvement with anti-social forces, such as cooperating with or being involved in the maintenance, operation, or management of anti-social forces through the provision of funds or otherwise.

   (5) If the Company determines that the person has violated a contract with the Company in the past or is an associate of such a person.

   (6) In other cases where the Company determines that registration is inappropriate.

5. In the event of any change to the Registration Items, the user shall notify the Company of such changes without delay using the method prescribed by the Company.

Article 4 (Account Management)

1. The user shall, at their own responsibility, appropriately manage and store their Game account and the password and user ID related to the account, and shall not allow a third party to use them, nor shall they lend, transfer, change the name of, or buy and sell them.
2. The user shall be responsible for any damages caused by inadequate management, errors in use, or use by a third party of the Game account and the password and user ID related to the account.

Article 5 (Paid Content)

1. Paid items, equipment, DLC, etc. (hereinafter referred to as "Paid Content") may be sold in the Game. Note that in-game currency will not be sold.
2. The sale and settlement of Paid Content shall be conducted through the system of the Game's distribution platform, and settlement conditions, including refunds, shall follow the terms of said platform.
3. If the user is a Minor, an adult ward, a person under curatorship, or a person under assistance, they must obtain the consent of a legal representative, guardian, curator, or assistant for the purchase of Paid Content.
4. The user may not exchange Paid Content for cash or transfer it to other users.
5. The Company may change the ability values of items, characters, equipment, etc., to maintain game balance. In the event of significant changes, the Company will notify users in advance.

Article 6 (Safety Precautions for VR Use)

1. This Game is intended to be used with a VR device. Users must comply with the safety guidelines prescribed by the manufacturer of the VR device they use and ensure a sufficient space free of obstacles before using the Game.
2. VR experiences may cause physical discomfort such as dizziness, nausea, or headaches. If the user feels such symptoms, they must immediately stop using the Game.
3. Use of the Game may trigger epileptic seizures due to flashing lights or other stimuli. Those who have experienced such symptoms in the past should consult a doctor.

Article 7 (Prohibited Matters)

When using the Game, the user must not perform any of the following acts or acts that the Company determines fall under any of the following. Furthermore, the user shall bear all legal responsibility arising from these acts, and the Company shall not be held liable.

(1) Acts contrary to public order and morals or laws.

(2) Acts linked to criminal behavior.

(3) Acts that infringe upon the intellectual property rights, property, credit, portrait rights, privacy, etc., of the Company, other users, or third parties, or other acts that violate laws and regulations.

(4) Acts that disadvantage the Company, other users, or third parties.

(5) Harassment, defamation, threats, or stalking against the Company, other users, or third parties (including those conducted via any means such as messages or voice chat).

(6) Acts that interfere with the operation of the Game.

(7) Sexually inappropriate behavior, discriminatory remarks, and hate speech.

(8) Real-money trading (RMT) concerning accounts, items, equipment, or other in-game data.

(9) Registering false information or providing false responses (including fraudulent responses) to surveys, etc.

(10) Acts that violate or are likely to violate these Terms.

(11) Acts of impersonating a third party (including non-existent persons).

(12) Acts of pretending to have representative or agency authority despite not having it, or falsely claiming to have an affiliation or cooperative relationship with another person or organization.

(13) Acts of unauthorized access to other users' accounts.

(14) Unauthorized reproduction, reprinting, distribution, redistribution, etc., of the Game or Game information without prior written consent from the Company.

(15) Acts of analyzing, modifying, or reverse engineering the Game.

(16) Acts of using cheats, hacking, or unauthorized tools.

(17) Intentional exploitation of bugs.

(18) Use of the Game for advertising, promotion, solicitation, business activities, or other profit-making purposes (except those permitted in advance by the Company).

(19) Religious proselytizing or political activities (except those permitted in advance by the Company).

(20) Providing false information or using the Game for fraudulent purposes.

(21) Disclosing information regarding the Company, its officers, employees, and contractors (hereinafter referred to as "Company Staff, etc.") and other users to third parties (including posting on the web such as SNS).

(22) Using the Game despite not being in good health.

(23) Nuisance behavior such as violence, intimidation, or stalking toward Company Staff, etc.

(24) Failure to follow the instructions of Company Staff, etc.

(25) Acts likely to fall under any of the preceding items.

(26) Acts performed for the purpose of encouraging an act while knowing that said act falls under any of the preceding items.

(27) Other acts determined by the Company to be inappropriate as equivalent to any of the preceding items.

Article 8 (Elimination of Anti-Social Forces)

1. The user shall affirm to the Company the following matters:

   (1) That they are not an anti-social force.

   (2) That they are not using the Game by allowing an anti-social force to use their name, or for the benefit of an anti-social force.

   (3) That they will not, by themselves or through a third party, engage in threatening behavior or use violence toward the Company, or use fraudulent means or force to obstruct the Company's business or damage its credit.

2. The user shall compensate for any damages incurred by the Company arising from or related to a violation of Paragraph 1.

Article 9 (Changes and Suspension of the Game)

1. The Company may change the content of all or part of the Game or discontinue part of its provision for business or other reasons without prior notice to the user.
2. In the event that the Company transfers the business related to the Game to another company, the Company may transfer its status under the Use Agreement, rights and obligations based on these Terms, and the user's Registration Items and other customer information to the transferee of said business transfer, and the user shall be deemed to have consented to such transfer in advance in this paragraph. Note that the business transfer specified in this paragraph shall include not only normal business transfers but also company splits and any other cases where business is transferred.

Article 10 (Suspension of the Game, etc.)

1. If the Company determines that any of the following reasons exist, it may temporarily stop or interrupt the provision of all or part of the Game without prior notice to the user until the event ends and provision becomes possible. Furthermore, the Company shall not be held liable for any damages caused to the user due to measures taken by the Company based on this Article.

   (1) When performing maintenance, inspection, or updates of the computer system related to the Game.

   (2) When the provision of the Game becomes impossible due to natural disasters, service suspension by telecommunications carriers, communication line failure, or other reasons not attributable to the Company.

   (3) When the provision of the Game becomes impossible due to fire, power failure, etc.

   (4) When an external system (Amazon Web Services, etc.) is used for the Game's system and such external system becomes unavailable.

   (5) In other cases where the Company determines that providing the Game is difficult.

2. The Company shall not be liable for any disadvantage or damage suffered by the user or a third party due to the suspension or interruption of the provision of the Game as prescribed in the preceding paragraph.

Article 11 (Attribution of Rights, etc.)

1. All intellectual property rights (meaning copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to acquire those rights or apply for registration, etc., for those rights); the same shall apply hereinafter) regarding the Company and the Game shall belong to the Company or the party that has granted a license to the Company, and the license to use the Game based on the Use Agreement does not imply any transfer or licensing of the intellectual property rights of the Company or the party that has granted a license to the Company regarding the Game.
2. When a user posts or transmits text, images, videos, or other data (hereinafter referred to as "User Content") on the Game, the user shall represent and warrant to the Company that they have the lawful rights or the license to lawfully post or transmit the intellectual property rights, portrait rights, and other rights, and that the User Content does not infringe upon the rights of third parties.
3. If a user posts or transmits User Content on the Game, the user shall grant the Company a free, worldwide, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and execute said content, and shall agree not to exercise moral rights of authorship or other rights against the Company or those who have succeeded to or been licensed rights from the Company.

Article 12 (Account Restrictions, etc.)

1. Even after the establishment of the Use Agreement and during the use of the Game, the Company may implement measures such as warnings, account restriction, suspension or deletion, hiding or deleting User Content, partial restriction of Game functions, suspension or prohibition of use, or termination of the Use Agreement if the user falls under any of the following cases:

   (1) If the user violates these Terms.

   (2) If it is found that there is falsehood or error in the Registration Items or other matters submitted to the Company.

   (3) If the user does not follow cautions and instructions from the Company and Company Staff, etc.

   (4) In other cases where the Company determines there is a hindrance to the management or operation of the Game.

2. The Company shall not be held liable for any damages to the user arising from measures based on the preceding paragraph, and shall not be obligated to refund amounts corresponding to the inability to use the Game due to such measures (including purchase prices for the Game and Paid Content). Furthermore, the Company is not obligated to disclose to the user the reasons for taking the measures in the preceding paragraph.

Article 13 (Company Liability, etc.)

1. The Company only provides the Game as is, and does not guarantee, whether expressly or impliedly, that the Game is fit for the user's specific purposes, that the Game has integrity, accuracy, stability of operation, or utility, or that the Game will be free from defects such as bugs.
2. The Company does not guarantee that the Game can be used satisfactorily on all OS versions, environments, etc., of the Target Hardware used by the user, and is not obligated to perform operation verification or improvement work to provide such a guarantee. Furthermore, the Company does not guarantee that no failures will occur in the Game due to using it in environments other than the recommended or operating environments of this program or by failing to perform OS version updates.
3. The Company shall not be obligated to compensate for all damages of the user generated by the use of the Game, except in cases where there is intentional misconduct or negligence on the part of the Company.
4. Even in cases where the Company bears a liability for damages to the user based on the preceding paragraph, if there is no intentional misconduct or gross negligence on the part of the Company, the amount of such damages shall be limited to the total amount of the purchase price for the Game at list price and the purchase price for Paid Content paid by the user to the Company in the past 12 months.
5. Even if there is a delay or non-arrival of communications from the Company due to deficiencies in the user's registration information, etc., the Company shall deem that they have arrived at the time they would normally reach the user, and the Company shall not be liable even if disadvantages arise for the user because of this.
6. The user shall resolve any communications, disputes, etc., that occur between the user and other users or third parties in connection with the Game or the Game's website at their own responsibility.
7. The Company may outsource part or all of the business related to the Game to a third party.

Article 14 (Damages)

If a user causes damage to another user or any other third party by violating these Terms or Regulations, etc., the user shall resolve it at their own responsibility and expense and shall not cause damage to the Company. In the event that damage is caused to the Company, the Company may claim damages against said user.

Article 15 (Prohibition of Transfer, etc.)

The user may not engage in acts such as transferring, renting, or providing as a pledge or other security to a third party all or part of their status as a user or their rights or obligations.

Article 16 (Export Controls)

The user shall comply with all laws and regulations of Japan and other countries, and shall not export the Game by means of export, internet transmission, or any other method to any country to which Japan has suspended trade under the "Foreign Exchange and Foreign Trade Act" and the "Export Trade Control Order."

Article 17 (Governing Law and Jurisdiction)

1. The authentic text of these Terms and Regulations shall be Japanese, and the governing law shall be Japanese law.
2. For all disputes arising from or related to the use of the Game, the Tokyo District Court shall be the exclusive agreed jurisdiction of the first instance.

Article 18 (Handling of User Information)

The handling of information about users obtained in relation to the use of the Game (including personal information, VR motion data, voice data, etc.) shall be in accordance with the provisions of the Privacy Policy separately established by the Company, and the user shall agree to the Company handling said information in accordance with this Privacy Policy.

Article 19 (Severability)

Even if any provision of these Terms or a part thereof is determined to be invalid or unenforceable by the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and the remaining part of the provision determined to be invalid or unenforceable shall continue to be in full force and effect.

Article 20 (Special Provisions based on Country or Region of Residence)

1. If a user resides in a country or region specified in the following paragraphs, the provisions of the following paragraphs shall apply to such user. In the event of any contradiction between the provisions up to the preceding article of these Terms and the provisions of the following paragraphs, the applicable provisions of the following paragraphs shall take precedence in relation to users residing in the applicable country or region.

2. If the user is a resident of the European Economic Area or the United Kingdom, the following provisions shall apply:

   (1) The Company may update the Game and will notify the user of such updates with a reasonable notice period. If an update is necessary to maintain the conformity of the Game, the Company will notify the user of the consequences if the user fails to install the update within the specified period. The Company shall not be liable in any case for any defects or lack of conformity of the Game resulting from the user's failure to install the update within the specified period. If an update is not necessary to maintain the conformity of the Game and that update adversely affects the user's access to or use of the Game, the Company will notify the user of their right to refuse the update or to uninstall it. In this case, the user may terminate the Use Agreement within a maximum of 30 days without cost to the user, except where the impact of the update on the user is minor.

   (2) Legal warranties for the user apply in accordance with local laws. Additionally, applicable laws in the user's region may guarantee that the Game is legally compliant at the time of supply and during the term of the Use Agreement with the user. Based on this legal warranty, the Company is liable for the lack of conformity of the Game, and the user may have the right to (i) bring the Game back into conformity or (ii) request a proportionate refund and/or termination of the Use Agreement based on the laws in the user's country of residence.

   (3) Regarding the purchase of Paid Content, the user has a certain right of withdrawal. However, once the right of access to Paid Content is granted to the user's account and the provision of Paid Content has begun, the user shall be deemed to have explicitly waived their right of withdrawal. The user agrees in advance that (i) the download of Paid Content will begin immediately after purchase and (ii) the user's right of withdrawal will expire at the time the purchase is completed.

   (4) If difficulties arise in the interpretation or performance of these Terms, the user may contact the Company's prescribed customer support to seek an amicable solution before taking legal action. If the dispute cannot be resolved, either party may bring the matter before a judicial authority with jurisdiction. The European Commission has established an Online Dispute Resolution platform under Article 14 of Regulation (EU) No 524/2013 to facilitate the independent out-of-court settlement of online disputes between consumers and businesses in the European Union. This platform can be accessed at https://consumer-redress.ec.europa.eu/site-relocation_en. If an amicable settlement cannot be reached between the parties, the dispute may be referred to a judicial authority with jurisdiction.

   (5) The user has the right to bring a lawsuit in the courts of their country of residence for any disputes arising from or related to the use of the Game.

3. If the user is a resident of the United States of America, by agreeing to these Terms, the user and the Company (i) will have reached an agreement to resolve certain disputes through binding and mandatory arbitration in accordance with Item 1 of this paragraph (hereinafter referred to as the "Arbitration Agreement") and (ii) will have explicitly waived both the right to a jury trial and the right to participate in a class action against the other party (to the extent permitted by law) based on Item 2 of this paragraph (hereinafter referred to as the "Class Action Waiver"). However, this does not apply if the user exercises their right to refuse (opt-out) the Arbitration Agreement and/or the Class Action Waiver in accordance with Item 3 of this paragraph.

   (1) Binding Mandatory Arbitration

   To the maximum extent permitted by applicable law, the user and the Company agree (i) to resolve all disputes and claims arising out of or related to any aspect of the relationship between the user and the Company, the terms or provisions of these Terms, or the user's use of or access to the Game (except as expressly stated in the provisions for excluded claims; each referred to as "Claims, etc.") through binding arbitration under the Federal Arbitration Act, (ii) to explicitly and irrevocably waive the right to file a lawsuit in court regarding Claims, etc., and the right to a hearing or trial by a judge or jury regarding Claims, etc., (iii) not to file or participate in any arbitration in a class, representative, or coordinated form against the other party, even if permitted under the Federal Arbitration Act, and (iv) not to seek consolidation between an arbitration concerning Claims, etc., and a lawsuit or arbitration with a third party as a claimant or respondent, unless there is explicit written consent from each such third party and both parties to these Terms. Unless the user submits a proper opt-out notice, the user and the Company shall only pursue any Claims, etc., against the other party through the binding mandatory arbitration specified in these Terms.

   a. Informal Dispute Resolution Procedures Prior to Arbitration

   The user and the Company shall make reasonable and good faith efforts to resolve all Claims, etc., between the user and the Company informally before commencing arbitration based on this Arbitration Agreement. A party intending to raise such Claims, etc., shall notify the other party at the following email address with a notice describing the content and basis of the Claims, etc., and clearly stating the relief sought. If the user and the Company do not reach an agreement to resolve the Claims, etc., within 30 days of receipt of such notice, the party intending to raise the Claims, etc., may apply for arbitration against the other party as permitted in the aforementioned Arbitration Agreement.

   For notices from the Company to the user: To the email address provided by the user to the Company.

   For notices from the user to the Company: [email protected]

   b. Arbitration Procedures

   Arbitration is a legally binding procedure, similar to a lawsuit filed in court, where one party can seek legal relief from the other party. However, in general, arbitration has simplified procedures, is conducted in the presence of a neutral third-party arbitrator, has limited discovery procedures, may reduce the burden of legal costs for each party, and has limited opportunities for judicial review by a court. Any arbitration procedure for Claims, etc., based on this Arbitration Agreement shall be governed by the Commercial Arbitration Rules of the American Arbitration Association (hereinafter referred to as the "AAA") and, where applicable according to the circumstances, the Supplementary Procedures for Consumer-Related Disputes of the AAA. All of these are posted at http://www.adr.org, and the terms of these Terms will apply additionally. The parties agree that the language for any such arbitration shall be English, allow for electronic document submission, and allow for participation by telephone or teleconference or in person at a location agreed upon by both parties. For arbitrations initiated by the user, the user shall pay the consumer filing fee, and the Company shall pay the remaining AAA fees and costs. For arbitrations initiated by the Company, the Company shall pay all AAA fees and costs.

   c. Confidentiality

   If the user or the Company refers a dispute to arbitration and the arbitrator orders an exchange of information, the user and the Company shall cooperate to seek protection from the arbitrator for confidential information, proprietary information, trade secrets, or other secret information, documents, testimony, and other materials that may be exchanged in arbitration or subject to discovery. The user and the Company shall seek such protection before such information, documents, testimony, and materials are exchanged or subject to discovery in arbitration.

   d. Excluded Claims, etc.

   Notwithstanding the above, the provisions of this Arbitration Agreement shall not prevent any of the following acts by the user or the Company: (i) filing Claims, etc., with federal, state, or local government agencies equipped with government authority and proper jurisdiction to seek relief on behalf of the user or the Company against the other party; and (ii) bringing Claims, etc., in small claims court, subject to the jurisdictional limits and fulfillment of requirements of said small claims court.

   (2) Class Action Waiver

   Claims, etc., and other disputes between the user and the Company are unique to both parties and shall be brought only in the form of individual arbitration (or, for Claims, etc., excluded from the Arbitration Agreement, meaning a lawsuit). Unless a proper opt-out notice is submitted by the user, the user and the Company may each bring Claims, etc., against the other party only in their individual capacities and not as a plaintiff in any proceeding intended as a class or representative form.

   (3) Opt-Out Procedure

   The user has the right to refuse (opt-out) the Arbitration Agreement and the Class Action Waiver so that these do not apply to the transaction relationship between the user and the Company. When performing this opt-out, the user shall send a notice strictly complying with the following requirements (hereinafter referred to as the "Opt-Out Notice") to the Company. If the user does not follow any of the requirements specified below, the user and the Company will continue to be bound by the Arbitration Agreement and Class Action Waiver specified in this Article.

   a. Address

   The user's Opt-Out Notice shall be sent by email to [email protected].

   b. Deadline

   The user's Opt-Out Notice must be sent within 30 days of the purchase of the Game (or within 30 days from the date of the user's first access to or use of the Game if no purchase exists).

   c. Required Information

   The user's Opt-Out Notice must contain the following matters. Note that the Company may use the following information provided in the Opt-Out Notice for the recording, processing, maintenance, and management of the user's opt-out from the Arbitration Agreement and/or Class Action Waiver, but will not use it for marketing purposes.

   1 The user's own name, 2 The user's address, 3 The user's telephone number, 4 The user's email address, 5 The user's own username if they have registered an account, and 6 The user's own expression to the effect that they do not agree to the Arbitration Agreement and/or Class Action Waiver.

   (4) Severability of the Arbitration Agreement and Class Action Waiver

   If any part of this Article is found to be unenforceable or illegal for any reason, the following shall apply:

   a. The unenforceable or illegal provision shall be severed from these Terms.

   b. Even if the unenforceable or illegal provision is severed, it shall not affect the remaining parts of this Article and the rights of both parties to individually enforce arbitration of the remaining claims in accordance with this Article.

   c. If any claim must proceed by means of a class, collective, consolidated, or representative action because it is unenforceable or illegal, such claim shall be brought in a civil court with jurisdiction in accordance with the provisions of these Terms, and not in arbitration. Litigation concerning these claims shall be stayed until the results of individual claims in arbitration are determined. Furthermore, if it is determined that seeking public injunctive relief individually is prohibited by any part of this Article, that provision shall have no effect to the extent that seeking such relief outside of arbitration is permitted, and the remaining parts of this Article shall be enforceable.

4. The user may have certain rights based on mandatory laws and regulations of the country or region where the user resides. In such cases, no provision of these Terms shall exclude, restrict, or otherwise affect the rights held by the user.

This English translation is provided for convenience only. The Japanese-language version of these Terms is the official and governing version. If there is any conflict, inconsistency, or discrepancy between this English translation and the Japanese-language version, the Japanese-language version shall prevail.

Enacted: August 13, 2026