Article 1 (Purpose)
1. The purpose of these terms of use (hereinafter, “Terms of Use”) is to set forth the basic matters that users are to observe in using the Service (defined in Article 2) that aNCHOR Inc. (hereinafter, “the Company”) offers.
2. The user’s agreement and approval of the Terms of Service is the precondition for the user to use the Service, and if by some chance the user breaches even a part of the Terms of Use, subsequent use of the Service may be refused without warning. Even in such case, the costs that the user has already spent will not be returned.
3. If the user is subject to limitation of his/her capacity to act, such as being underage, please be sure to consent and agree to these Terms of Use after obtaining the consent of your legal representative (guardian, parents, etc.).
Article 2 (Definitions)
The terms in these Terms of Use shall be as defined under each of the following items.
(1) “Application” means the application, “Project MIKHAIL,” that the Company offers.
(2) “Service” means the Application and the service that the Company provides in association with the Application as well as the accompanying service.
Article 3 (Amendment of these Terms of Use)
1. In using the Service, you need to comply with the provisions and rules stated within the Application and displayed through the related website (hereinafter, “the Site”).
2. In the event the provisions and rules in the preceding paragraph provide a different prescription for the same matter than the Terms of Use, the provisions and rules concerned have priority.
3. The Company may amend the Terms of Use as necessary. The amendments concerned shall take effect 24 hours after the Company states them within the Application, and moreover, the user will be deemed to have approved of said amendments at the point in time when the user subsequently uses the Service. After understanding the above, please confirm the statements within the Application periodically.
4. If you cannot approve the details of the amendment in the preceding paragraph, please stop using the Service immediately. Even in this case, the expenses, etc., that the user has already spent, regardless of whether they are the purchase price for the Application, usage charge, etc., or name.
Article 4 (Internet Usage)
1. In using the Service, you may need an online environment for accessing the operational servers, etc. of the Company. In addition, for the purpose of access, we may have you register and verify through the methods separately designated by the Company.
2. Installation of equipment, settings, building of communication environment, payment of expenses that become necessary for the online environment and access shall be handled on the responsibility and burden of the user, such as preparation of communication equipment, setting of communication environment, contracting with providers, usage charges by providers, telephone charges, communication charges, etc., and other items regardless of how they are named.
3. The Company will not respond to requests to return costs that the user has already paid, in addition to those that are clearly stated in the Terms of Use, or for the reason of non-use or non-availability of use of the Service, such as non-use of the online environment or inaccessibility, etc.
4. When connecting to the operational servers, etc. of the Company, there may be cases where updates or data downloads may be executed in order to optimize or update the user’s client. In such case, users are asked to execute the said update or data download, etc.
Article 5 (Initial Cost / Basic Charge)
1. The costs that are separately displayed become necessary when purchasing (downloading) the Application, and you need to pay them according to the method set forth by the communication carrier, settlement company, and the Company. Costs will not arise in cases that are stated as being free of charge.
2. In the event disputes arise between the user, communications carrier, or the settlement company when purchasing the Application, the user is to resolve the matter on his/her responsibility; the Company will not bear any responsibility.
3. The user’s purchase cost for the Application will not be repaid, converted to money, refunded, or returned for any reason. This shall not apply in cases prescribed by laws or regulations.
4. Please see the “Representation Pursuant to the Payment Services Act” and “Representation Pursuant to the Specified Commercial Transaction Act” or other statements separately prescribed by this Company or group companies of the Company for other conditions and cautions regarding purchase of the Application.
5. In principle, after downloading this app, this service is available to customers free of charge (although costs described in Article 4-2 will be incurred.) However, this does not apply to services that are individually defined as chargeable within this service.
Article 6 (Individual Charged Services)
1. The Company may separately provide charged services (hereinafter, referred to as “Individual Charged Services” for this service.
2. In order for customers to use Individual Charged Services, said Individual Charged Services must be purchased directly, or points used within this service (hereinafter, referred to as “Paid Points”) must be purchased using a method separately designated by the Company, whereupon the Individual Charged Services can be purchased using said points. Details of the purchase methods are to be advised separately.
3. The methods specified by telecommunications carriers, payment companies, and the Company must be complied with when paying for Individual Charged Services and Paid Points.
4. In the event of any conflict between a customer and the telecommunications carrier or settlement company regarding the purchase of Individual Charged Services or Paid Points, it shall be resolved at the responsibility of the customer, and the Company does not accept any responsibility.
5. Customers cannot receive refunds, exchanges, pay backs, or returns for Individual Charged Services or Paid Points purchased by customers for any reason, including the provisions in the above section. However, this does not apply to situations specified by law or under regulations.
6. The Company may set an upper limit for customers’ purchase of Individual Charged Services and Paid Points. In this case, please note that customers cannot purchase more than the upper limit.
7. Please refer to “Indications based on the Payment Services Act” and “Indications based on the Act on Specified Commercial Transactions” separately specified by the Company or our group companies concerning the conditions and points to note when purchasing Individual Charged Services and Paid Points.
8. Separately from the items described in this article, the provisions in Article 7 must be complied with regarding the use of Paid Points, etc.
Article 7 (Use of Paid Points, etc.)
1. This article applies to cases when Paid Points are provided for this service.
2. The Company may set an upper limit on how many Paid Points a customer may retain, and customers cannot purchase or retain more Paid Points than the upper limit.
3. In order to use the Individual Charged Services, the Paid Points clearly specified within this service must be used, and Paid Points shall be consumed when consenting to use the Individual Charged Services.
4. Paid Points purchased by customers can only be used for this service except where specifically defined by the Company, and cannot be used for any other services, such as games or apps.
5. Customers may not transfer, lend, pawn, or pledge purchased Paid Points to any third party except where specifically permitted by the Company. Furthermore, the Company also prohibits the implementation, offering, or soliciting of such actions.
6. In the event that a customer is suspended or their use terminated as per the provisions of Article 19, use of this service shall be terminated, and any Paid Points shall also be forfeited.
Article 8 (Termination of Individual Charged Services)
The Company may stop or terminate use of Individual Charged Services and their associated Paid Points upon issuing a 60-day notice or announcement to customers. Also, Individual Charged Services shall naturally be terminated when terminating this service.
Article 9 (Information Registration)
1. When requested by the Company, customers shall provide and register information (including the customer's personal information) separately specified by the Company in the manner separately specified by the Company in order to connect to servers, etc. operated by the Company.
2. In the above case, customers must provide and register accurate and official information.
3. In the event that the information provided and registered by the customer changes, such change must soon be notified in the manner separately designated by the Company.
4. As for the information provided by the customers, the Company may outsource it to a third party designated by the Company to the extent necessary to achieve the purpose of use listed in the next paragraph after binding such third party with the obligation to appropriately manage the personal information.
5. As for the information provided by the customers, the Company will use it only within the scope specified in each of the following clauses or within the scope of the purpose of use specified in advance when providing and registering information.
(1) Providing services and related services.
(2) Sharing information (including advertisements, e-mail newsletters, etc. of the Company or a third party) related to the provision of services in the previous item, dispatching gifts, and responding to questionnaires and dealing with problems.
(3) Conducting investigation and taking necessary actions for protecting the rights of the Company.
6. The Company will not disclose to or provide a third party with the information shared by the customers without the prior consent of the customers, except in the cases specified in the Terms of Use and in the following cases.
(1) When disclosure is required by law.
(2) When disclosure is requested by a person with legal authority.
(3) When disclosure is unavoidable in order to protect the rights of the Company or a third party from imminent or unauthorized infringement, or to restore the rights.
(4) When it is determined that disclosure is necessary to the contractors for business purposes.
(5) When providing the information to the successor in connection with the succession of the business related to the service to a third party by business succession, organizational restructuring, or other methods.
7. In addition to the provisions of the preceding paragraphs, the information provided by customers shall be handled in accordance with the “Privacy Policy” separately set forth by the Company or its group companies.
Article 10 (ID, password, etc.)
1. If an ID, password, etc. (hereinafter referred to as “ID, etc.”) has been issued to you in connection with the service, please keep the ID, etc. in a safe place and do not let a third party use it. In addition, you are solely responsible for its use and management.
2. The Company shall not have any liability whatsoever for any damages suffered by you due to the use of your ID, etc. by a third party, unless it is caused by the willful intention or gross negligence of the Company.
3. You are responsible for the use of the service made by the ID etc. managed by the customer and the outcome of such use.
Article 11 (No cheating and any unauthorized act)
1. When using this service, do not perform the acts specified in the following clauses (hereinafter referred to as “Acts of Cheating”).
(1) Falsifying or illegally creating characters, items and other data of the service.
(2) Performing acts other than the acts anticipated or permitted beforehand as the method of using the service.
(3) Using the service by using automatic operation tools (macro) and programs, macros and other tools not permitted by the Company.
(4) Other acts such as analyzing, falsifying, modifying, and reverse engineering of the service.
(5) When using the service, intentionally changing the contents, progress, composition, etc. of the service such as changing the original working and changing the story.
2. Irrespective of whether you are using the service or not, do not distribute (including enabling transmission) or recommend other customers or third parties to use the programs or data that enable the Acts of Cheating.
3. Do not illegally access the facilities of others or the facilities of the service (refers to the communication equipment, communication lines, computers, other devices and software prepared by the Company for providing the service, the same shall apply hereinafter), or do anything that interferes with the use or operation of the service.
4. Do not misuse any malfunction of this service for the purpose of gaining an unfair advantage in the game.
5. As for any data or messages from the operating server etc. of the company, do not intentionally change, reverse engineer, decrypt, translate, or use it for any other purpose.
6. If you find a bug or other problem in the service, get in touch with the contact details separately provided by the Company without notifying or disclosing it to other customers.
Article 12 (Matters that are prohibited in general）
1. Do not perform the following acts while using the service.
(1) Acts that violate laws and regulations (including laws, treaties, cabinet orders, ordinances, and other norms that publicly bind customers), and acts that may violate the same. Or the act of soliciting or encouraging illegal acts.
(2) Acts that infringe the rights of other customers or third parties (including, but not limited to, rights to maintain dignity, privacy rights, copyrights, etc.).
(3) Acts that are against public order and morals, such as making obscene expressions, discriminatory expressions, violent and threatening expressions, grotesque expressions, and other inappropriate expressions.
(4) Acts of sale (including, but not limited to solicitation, and regardless of whether personal or non-personal), fund-raising activities, pre-election campaigns and other political actions, missionary work and other religious activities.
(5) Acts that induce encounters and the like for the purpose of sexual intercourse and obscene acts.
(6) Solicitation for participating in ponzi schemes, sending chain mails, and other acts of soliciting customers to participate in similar acts.
(7) Slandering or intimidating other customers, using language, behavior, or acts that will make other customers anxious or uncomfortable.
(8) Acts of impersonating the Company, its affiliates, employees of contractors, customer support personnel, or other related parties.
(9) Transmission of computer viruses, transmission of excessive amounts of data, other acts that put unreasonable burden on the equipment for the service, and acts that interfere with the use of the service by other customers.
(10) Acts of making false or misleading declarations or notifications to the company.
(11) Other acts that interfere with or may interfere with the operation of the service.
(12) Acts that defame the service and other services provided by the company.
(13) The act of selling or reselling all the data that makes up the service without the company’s permission.
(14) As for the items etc. acquired in the game through the use of the service, using such items etc. for paid transactions outside the game. This includes the act of selling using the currency in circulation in the real world and the act of selling them on online auctions.
(15) Acts that infringe copyrights or other rights related to the service.
(16) The act of using the software of the application for purposes other than the use of the service.
(17) Acts that solicit and recommend the use of the Acts of Cheating.
(18) The act of sending multiple emails without the permission of the recipient within the service.
(19) The act of using the service by using a modified terminal.
(20) Other acts that violate the terms of use.
(21) Informing other customers where to find documents, data, etc. (including putting a link to such places) that fall under any of the above items (including cases where such acts are performed by others).
(22) In addition to the above clauses, acts deemed inappropriate by the company in light of the purpose of the service.
(23) Soliciting or encouraging all acts related to the above clauses, or acts of making such preparation.
Article 13 (Communication function, etc.)
(1) The Company, in the service may provide a bulletin board service, chat, post, community function service, as well as services similar to these (hereinafter referred to as “Communication Function”). In this case, regarding the use of the Communication Function etc., follow the provisions of the article.
(2) As the Communication Function is simply for the ease of communication between customer, it is provided free of charge and in as-is condition, and communication between specified persons is not guaranteed. In addition, please note that the information sent (uploaded) by you may be recorded as history information (log) on our management server, etc.
3. For the information uploaded by you using the communication function, it shall be considered that you have granted free and non-exclusive rights to copy and distribute such information to the company. In addition, even if you propose a product or marketing plan or idea at this time, the company and its group companies may use the proposal free of charge without any obligation to evaluate, consider, select, or keep the proposal confidential. Therefore, note that all proposals will be treated as if they were made with the consent of this provision.
4. In the event that the Company determines that the data uploaded by a Member falls under the provisions of Article 11 or Article 12, we may delete the said data without notifying the Member. However, it should be noted that the deletion by the Company in such a case shall no way result in the mitigation or waiving of the responsibility that should be borne by the Member in relation to the posting of said data.
5. Please note that the data disclosed by a Member to another member when using the communications function is the type of data that may be disclosed to an unspecified number of third parties. The Company shall assume no responsibility, whatsoever, for any consequences of disclosing data, including personal information of the Member, to another member.
6. In the event that any dispute arises, such as being notified of a claim made against the Member from another member or a third party concerning the use of communications function, the Member must resolve the dispute at the responsibility and expense of the Member.
7. The provisions in the preceding 2 paragraphs shall, by no means, prevent the Company from providing support as a service to the Member.
Article 14 (Intellectual Property Rights such as Copyright)
1. All rights including intellectual property rights concerning all programs, software, trademarks, company names, or related technologies that make up the Service shall be the property of the Company or a third party having a legal authority, unless otherwise stated specifically.
2. The Member may not duplicate, print, broadcast, publicly distributed or use any data obtained from using the Service, beyond the scope of personal use, without prior and express consent of the Company or the third party.
Article 15 (Indemnity / No guarantee)
1. The Service shall be provided in the condition it is when each service is provided with the possibility of having defects in its accuracy, security, usefulness, reliability, and so forth. Therefore, the Company shall provide no guarantee, whatsoever, on the accuracy, security, usefulness, reliability, and so forth of the content of the Service or the data provided by the Company, including to always be connected in a good environment, to have the information sent from the Member to be always be viewed on the Service when the Service is used by the Member.
2. When an online environment is required in the Service, the Service may not be used in any environment as it highly relies on each communications environment and the environment of the device used. Therefore, the Company shall provide no guarantee that the Service may be used in any environment by the Member in such a case.
3. The Member shall refrain from excessive use at the discretion of the Member when using the Service. The Company shall assume no liability, whatsoever, for physical, mental, or monetary damage or loss incurred from excessive use of the Service.
4. In the event that the data, etc. stored in the terminal device with which the Service is used by the Member is lost (including deletion by the Member himself/herself) or that the data is tampered with by another person, the Company shall assume no responsibility to restore it.
5. The Company shall assume no liability, whatsoever, toward the said Member and a third party for any problem that may incur from using the Service, including malfunction caused by installing the Application. Furthermore, if the Service may be provided by the Company to the Member at the time, the Member shall agree that the Company assumes no compensation, whatsoever, concerning the Service.
Article 16 (Saved Data)
1. In the event that there is no connection from the Member to the operation server for 90 consecutive days or longer, the Company may delete the game-play history and other data of the Member recorded in the operation server, etc. (hereinafter referred to as “the Saved Data”) upon sending prior notice to the Member. Furthermore, in the event that the Member suspends the use of the Service or cancels the use of the Service in accordance with Article 19, the data shall be deleted, whether or not the said period has been completed.
2. The Company may not be able to guarantee that the Saved Data of the Member is saved or read with no defect, whether or not the period described in the preceding paragraph has been completed.
3. In the event that the Company determines that it is necessary to operate the Service smoothly, that it will benefit many members, or that it is necessary, the Company may modify the Saved Data without obtaining prior consent from the Member.
Article 17 (Modification to the Service Provision)
The Company may modify the content of the Service without notifying the Member in advance. However, the Company shall notify the Member, by sending prior notification on the application, concerning any modification that may incur serious and/or disadvantageous impact on the Member.
Article 18 (Suspension of the Service)
1. In the event that any of the events described in each item below occurs, the Company may temporarily suspend the provision of the Service without sending prior notice.
(1) When provision of the Service is suspended due to failure of the system, including the operation server, which is not foreseen by the Company;
(2) When regular or urgent maintenance is performed to the system such as the operation server; and/or
(3) In addition to each of the preceding items, when the Company determines it is necessary to temporarily suspend the operation of the server from an operational or technological reason.
2. When the operation of the server is temporarily suspended due to the reasons described in each item of the preceding paragraph, even when delay or suspension of the Service occurs, the Company shall assume no liability, whatsoever, for any damage that may be incurred by the Member as a result.
Article 19 (Suspension of Use)
1. In the event that the Company determines that the Member falls under any item below, the Company may not approve the use of the Service by the Member or may suspend or end the use of the Service by the Member. In such a case, the Company shall be responsible for neither paying nor reimbursing any expense incurred by the Member for using the Service.
(1) When the information provided and/or registered by the Member is false;
(2) When the Member violates the Terms of Use or terms of use for other services provided by the Company; or when past violation by the Member of any of the Terms of Use is discovered;
(3) When the Member suspends payment or becomes insolvent or when any motion is brought forward against the Member, such as the motion to start the bankruptcy proceedings, the motion to start the civil rehabilitation proceedings, the motion to start company reorganization, the motion to start special liquidation, and so forth;
(4) When a settlement service company that is used for the use of the Service determines that a settlement by the Member is invalid or when it decides that the Service should be canceled;
(5) When the ID, etc. of the Member is illegally used by a third party due to the intention or neglect of the Member; or when such illegal use is suspected by the Company;
(6) Furthermore, when there are circumstances that allow the Company to make a reasonable judgment that the use of the Service is markedly inappropriate;
(7) When the Member uses the Service using multiple IDs.
2. In the event that the Member falls under any of the 8 items of the preceding paragraph, that the Member has engaged in any act or fact described in any the items, Item 1 through Item 6 of the preceding paragraph, using any one of the multiple IDs of the Member, and that the Company suspends the said ID of the Member, the Company may suspend the use of all other IDs used by the Member.
Article 20 (Damage)
1. In the event that any damage is incurred by the Member as a result of using the Service, the scope of liability of the Company shall be limited to the actual and direct damage incurred by the Member. The Company shall assume no liability, whatsoever, for any damage incurred as a result of a special circumstance, lost profits, indirect damage or any other damage, regardless of any foreknowledge by the Company. This may not apply, however, to damage incurred due to the willful or gross negligence of the Company.
2. Even when the Company assumes its liability for the cases described in the proviso of the preceding paragraph, the Company shall assume no liability, whatsoever, for any damage incurred due to any special circumstance (including damages the Company or the Member had had the foreknowledge of or could have had the foreknowledge of) out of the damages incurred by the Member.
3. In the event that the Member violates the rights or profits of the Company when using the Service, the Company may demand the Member to pay for the damage, loss, and the cost incurred by the Company.
Article 21 (Prohibition of Assignment)
The Member may not dispose of any rights, status, or profit relating to the use of the Service to any third party by assigning, transferring by succession, providing security and so forth to the said third party. Furthermore, the Company may cause any subsidiary of the Company and/or the subsidiary of the parent company of the Company to succeed the status prescribed in the Terms of Use or assign or causes them to accept all or part of the rights and obligations that arise from the Terms of Use. The Member shall agree to this in advance. Furthermore, concerning the said assignment or acceptance, the Company may assign to the assignee the status, rights, and/or obligations prescribed in the Agreement between the Member and the Company and the customer data such as the registration data of the Member. The Member shall agree to this in advance.
Article 22 (Support)
1. All notifications, communications, and support provided by the company to you in relation to the service shall be made only in Japanese.
2. When you wish to contact or inquire about the service, it shall be made only by the methods specified by the company. The company cannot respond to any communication or inquiry made by a method not specified beforehand.
3. The company may not be able to respond individually to communication and inquiries received from you.
Article 23 (End of service)
1. The company may end the provision of the service after notifying or informing the customers 60 days in advance.
2. The notification or information set forth in the preceding paragraph shall become effective when 24 hours have passed from the time when the company made the notice on the app and the site.
3. Notwithstanding the provisions of the preceding two paragraphs, when it becomes difficult to provide the service due to the reasons not attributable to the company, the company may end the service by informing the reason for the termination of the service on the app and the site immediately after the termination of the service.
4. When terminating the provision of the service, by going through the procedure laid out in this article, the company shall be exempted from any request from the customer due to the termination of the service, except for the matters stipulated by the law.
5. Notwithstanding the provisions of the preceding paragraphs, the company may continue to provide some functions of the service (including, but not limited to, the story mode of the app) even after the provision of this service is terminated. The terms of use shall also apply to the functions that will be continuously provided.
Article 24 (Governing law and jurisdiction)
1. The Terms of Use shall be interpreted in Japanese, including its formation, effect, interpretation and performance, and it shall be governed by the laws of Japan. For the matters not stipulated in the Terms of Use, the Copyright Act, the Civil Code, the Commercial Code and other applicable laws and regulations shall apply.
2. Even when a part of the Terms of Use is not effective due to the mandatory provisions of the Consumer Protection Act and other mandatory regulations, the other parts shall remain effective to the extent they are not contrary to the above.
3. For disputes between the customers and the company related to the Terms of Use and the service, the Tokyo District Court or the Tokyo Summary Court shall be the exclusive agreement jurisdictional court of the first instance.
Established on: November 2, 2021
