Terms of Use

Thank you for downloading “THE NEW DENPAMEN”.

These Terms of Use (hereinafter referred to as the "Terms") govern your use of the Application and related services.

Article 1 Definition of Terms

1. The term "we" "our" "us" or the "Company" refers to Genius Sonority, Inc.

2. "Application" means the application “THE NEW DENPAMEN”.

3. "Services" means the services provided by this Application (including ancillary services).

4. "Individual Paid Services" means any of the Services that involve the consumption of "Virtual Points" for use of the Service.

5. The "Official Site" refers to the official website of the Application operated by us.

6. "Customer" means the user of the Service.

7. The term "terminal" refers to the information device on which this Application can be installed.

8. "Virtual Points" means items, "Jewels" and other virtual currency (including, but not limited to, Paid Points) used within the Service for the use of certain services or in exchange for in-game items.

9. "Paid points" means those Virtual Points that are issued for a fee by the Customer.

10. "Support ID" means a string of characters unique to a Customer that is assigned by us to the Customer for the purpose of customer identification and after-sales service.

Article 2 Terms of Use and User Agreement

1. In order to install this Application and start using this Service, you must agree to these Terms and Conditions.

2. By agreeing to these Terms of Use, a contract (hereinafter referred to as the "TOS") is formed between you and the Company, which includes these Terms of Use. You will be deemed to have agreed to these Terms of Use at the time Customer begin using the Service (including viewing or game play) or downloading the Application, whichever occurs first, and this User Agreement will be effective from that time.

Article 3 Introduction of this Application

1. Customer shall install the Application on a terminal owned by you (including, if Customer is a minor, a terminal owned by a legal representative (such as a person with parental authority) who has given you permission to use the Application).

2. Customer shall prepare, at their own cost and responsibility, the usage terminal, telecommunication service, Internet connection service, etc. to use the Service.

3. Customer may use this Application only for your own personal use, and shall not introduce this Application for the purpose of having a third party use it, nor shall you accept a Support ID beyond the reasonable number of units deemed necessary for your own personal use.

4. Customer shall be responsible for the management of the mobile device in which this Application is installed, and shall be liable for any and all damages (including the Service usage fee) resulting from the use (including identity theft, unauthorized access, resale, etc.) of the mobile device by a third party.

5. Customer acknowledge in advance that in order to use the Service (including user support), you may be required to register for an account for each user (including accounts that are commonly used with Applications and games other than this Application, hereinafter referred to as "User Account") as separately determined by the Company, You shall complete the registration procedures upon our request.

Article 4 Use by Minors

1. If Customer are a minor, you may use the Service only after obtaining the prior consent of a legal representative (such as a person with parental authority) to use the Service (including consent to these Terms of Use). If you use the Service without such consent, we may terminate this User Agreement with you or suspend your use of the Service.

2. We may restrict Customers use of some or all of the Services based on your age.

Article 5 Obtaining and Using Virtual Points　

1. This Application can be downloaded free of charge, but there are Individual Paid Services within this Service that can be used in exchange for Virtual Points, including Paid Points.

2. In order to use Individual Paid Services, you must use the Virtual Points specified in the Service, and you will consume Virtual Points when you accept the use of such Individual Paid Services (including commands, clicks, etc. in the game).

3. Unless otherwise specified by the Company, you may use the Virtual Points purchased or acquired only for your own use of the Service and only within the scope and for the purposes specified by the Company.

4. Customer may not transfer, sell, trade, exchange, lend, or offer as collateral (hereinafter referred to as "transfer, etc."), or allow a third party to use your purchased or acquired Virtual Points (including offers or solicitations to do so). You also may not accept or use (including offering or soliciting to accept or use) any Virtual Points purchased or acquired by a third party.

5. In addition to Paid Points that can be purchased for a fee, Virtual Points may also be acquired free of charge through the Service or as a bonus associated with the purchase of Paid Points. For the avoidance of doubt, free points, including bonus points, are a gift from the Company and do not constitute a "purchase.
   There are two types of Virtual Points: Paid Points and free points. Paid Points are Virtual Points that you have purchased for a fee. Free points are all Virtual Points other than Paid Points, such as those acquired free of charge for the Service or as a bonus associated with the purchase of Paid Points. For the avoidance of doubt, free points are a gift from the Company and do not constitute a "purchase. If you have both paid and free Virtual Points, you may spend your paid Virtual Points first.

6. Purchases of Paid Points must be made in accordance with the method determined by the telecommunications carrier, the settlement company, and us.

7. If any dispute arises between you and a telecommunications carrier or payment company with respect to the purchase of paid points or other payments, you shall resolve the dispute between you and the carrier or payment company, and we shall not be liable for any loss or damage incurred.

8. Customer shall not, under any circumstances (including the case of the preceding paragraph and the case where the Service is unavailable due to interruption or defect of the telecommunication service or Internet connection service used by you), receive any refund, exchange, refund, or return of the Paid Points purchased by you, except when you are unable to use the Service due to reasons attributable to us and permitted under the Act on Funds Settlement (hereinafter "Funds Settlement Act") or any other laws and regulations.

9. The Company may change the purchase amount of paid points, payment due date, or payment method at any time without prior approval of the customer.Unless otherwise specified by the Company, the change shall take effect at the time of displaying the details of the change on the Application or the Official Site (or at the time of separately stating such details on the Application or the Official Site).

10. We may set an upper limit on your paid point purchases.

Article 6 Correction and Invalidation of Virtual Points

1. If the Company discovers that the quantity of Virtual Points you own is incorrect in light of your use of the Service as reasonably known by the Company, the Company may correct the quantity without prior notice to you.

2. In the event that the use of the Service is permanently suspended or terminated in accordance with the provisions of these Terms and Conditions, or this User Agreement is terminated, the Virtual Points owned by the Customer shall be forfeited.

3. Refunds to Customers at the time of expiration of Virtual Points shall be made only to the extent required and permissible under the Act on Funds Settlement and other applicable laws and regulations.

Article 7 Granting and Management of Support ID

1. For the purpose of Customer identification, Customer support and after-sales support, etc., we will assign a Support ID to each Customer.The Support ID is automatically assigned when the Customer launches this Application for the first time.Since the usage data of the Service is tied to the Support ID, when a Customer installs and uses the Application on a second or subsequent device owned by the Customer, the Customer can use the Service on multiple devices by using the already assigned Support ID (cross-platform).

2. Customers can receive after-sales support by using our Application's Support ID.

3. Customer shall be responsible for the management and confidentiality of the Support ID granted to you, and shall be liable for any and all damages (including the fees for using the Service) resulting from the use (including identity theft, unauthorized access, resale, etc.) of the Support ID by a third party.

4. Customer may not transfer your Support ID or allow a third party to use your Support ID (including any offer or solicitation to do so). You also may not receive or use (including offering or soliciting to receive or use) a third party's Support ID.

Article 8 Acquisition and Handling of Personal Information, etc.

1. In using the Service, the Customer shall provide personal information (personal information as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information. The same shall apply hereinafter) and certain other information about you (hereinafter referred to as "Personal Information, etc.") in a manner separately designated by the Company.

2. In the event of any change in the information provided or registered by the Customer, the Customer shall promptly notify the Company of such change in the manner prescribed by the Company.

3. The Company will handle personal information, etc. obtained from customers appropriately in accordance with the "Privacy Policy" separately posted on the official website (or in the application). The "Privacy Policy" shall also apply to the handling of personal information related to the use of the Service.

4. We shall not be liable for any disadvantage to you due to defects or errors in your registration information or delays in notifying us of changes.

Article 9 Communication Service

1. We may provide social networking services, bulletin board services, chat, posting, community function services, and similar services (hereinafter referred to as "Communication Services") as part of the Services, whether inside or outside of this Application. In such cases, use of the Communication Services shall be governed by the provisions of this Article and other provisions of these Terms of Use.

2. Communication services are provided on a "as is" and "as available" basis, free of charge, and are provided solely for the convenience of our users to communicate with each other. We do not warrant the quality, completeness, or continuity of the service, or the content or accuracy of the information provided, or any particular person's communications. You further acknowledge that any information uploaded to a Communication Service may be recorded as historical information (logs) on servers operated by the Company.

3. With respect to any information uploaded by you to a Communication Service, you grant us the free and non-exclusive right to reproduce, distribute, publicly transmit and otherwise use such information. In addition, in the event that you submit a plan, idea, or other proposal regarding products or marketing to a Communication Service, we may use such proposal free of charge without any obligation to evaluate, review, adopt, or keep secret such proposal.

4. In the event that the Company deems that information uploaded by a Customer falls under any of the prohibited items or misconduct stipulated in these Terms and Conditions, or that the content is illegal or unfair, the Company may delete such information without prior notice. However, deletion by the Company in such cases shall not reduce or exempt the Customer from responsibility for the uploading of such information.

5. Customer acknowledge that any information you upload to a communication service may be disclosed to unspecified third parties, regardless of the addressee, and that any information you transmit, including personal or confidential information, shall be transmitted at your own risk and discretion. In no event shall we be liable for any damages arising out of the disclosure to any third party of any information uploaded by you to a Communication Service (including your own personal information).

6. In the event that a claim or other dispute arises against you from another Customer or third party as a result of your use of the Communication Services, you shall be solely responsible for resolving such dispute at your own responsibility and expense.

7. Nothing in the preceding two paragraphs shall prevent us from voluntarily providing support for resolution as a service to you.

Article 10 Prohibited Acts

Customer may not engage in any of the following acts, as well as any other acts prohibited by other provisions of these Terms and Conditions.

1. Analyze, falsify, or illegally create characters, items, or other data for the Service.

2. Use of the Service in a manner or for a purpose other than that specified by the Company.

3. Use of automatic operation tools (macros) and use of programs, macros or other tools not provided or approved by the Company to use the Service.

4. Analyze, alter, modify, disassemble, decompile or otherwise reverse engineer the Service or its contents.

5. Unauthorized access to the server that operates the Service (including impersonation and unauthorized access).

6. Interfere with the operation of this Service by causing malfunctions or other problems with the server that operates the Service.

7. Intentionally change the content, progress, operation, composition content, storyline, etc. of the Service.

8. Use, distribute (including making transmittable), or encourage other Customers or third parties to use or distribute programs or data not provided or approved by the Company, whether or not while using the Service.

9. Continuing to use the Service without notifying the Company's designated party of any defects within the Service for the purpose of giving the Customer or a third party an unfair advantage in the game or for any other purpose. In addition, disclosing information on bugs and other defects to third parties without the prior consent of the Company.If you find a bug or other defect in the Service, please do not disclose it to any third party (including notification to other Customers, public announcement, etc.), but contact the contact designated by the Company.

10. Any act of providing inaccurate or false information to the Company (including registration under a fictitious name, impersonation, etc.) when using the Service (including registration of a Support ID).

11. Criminal acts, illegal acts, acts against public order and morals, or acts that may lead to such acts.

12. Any act that interferes with or causes or may interfere with the use of the Service by any third party (including users other than the Customer).

13. Any act that damages the credibility of the Company or the Service, or interferes with the business or operation of the Company or the Service, or any act that has the potential to do so.

14. Any act that infringes or may infringe the intellectual property rights (including but not limited to copyrights, design rights, utility model rights, trademark rights, patent rights, and know-how), reputation, privacy, or any other rights or interests of a third party of the Company or any third party.

15. Any act that encourages any of the acts set forth in the above items.

16. Any other actions that the Company deems inappropriate.

Article 11 Suspension and Restriction of Use of the Service

1. In the event of any of the following events, the Company may suspend use of the Service, limit the scope of use, or take any other measures the Company deems appropriate.

• In the event that payment of the usage fees for this Service is not made by the deadline specified by the Company (due to suspension, invalidation, or other reasons)

• In the event that a third party is found to be using the Support ID, etc.

• If Customerr user account is suspended

• Customer breach any of the terms and conditions of these Terms and Conditions or this User Agreement

2. The measures described in the preceding paragraph shall not preclude the Company from claiming damages against the Customer.

Article 12 Termination of this User Agreement

1. This User Agreement shall terminate upon the occurrence of any of the following events.

• Customer delete the Application from your mobile device. (However, this excludes cases where the Customer continues to use the Service in a manner separately specified by the Company, such as transferring game data to a different mobile device using the Customer's Support ID).

• When the Company terminates provision of the Service

• When the Customer terminates this Service Agreement in a manner prescribed by the Company

• If Customerr user account is revoked in accordance with our terms and conditions

2. The Company may immediately terminate this Service Agreement without notice for any of the following reasons. Such termination shall not preclude the Company from claiming compensation for damages from the Customer.

• If Customer breach any of the terms of this Agreement or the User Agreement and the breach is not cured within 30 days (10 days in the case of a breach of payment obligation) after a demand from the Company.

• bankruptcy, civil rehabilitation or similar proceedings have been commenced, or a petition for commencement of such proceedings has been filed.

• If there has been no actual use of the Service or we have been unable to contact you for a considerable period of time that we deem reasonable.

Article 13 Prohibition of Assignment of Rights

1. Customer shall not transfer your position under this User Agreement and any rights or obligations under this User Agreement, in whole or in part, to any third party.

2. The Company may assign its position, rights or obligations under this User Agreement, in whole or in part, to any third party at the Company's discretion.

Article 14 Change, Termination, Suspension and Termination of this Service

1. The Company may change, terminate, or suspend the Service, in whole or in part, without prior notice to Customers (including cases caused by equipment or system maintenance or failure).

2. Whenever we change, terminate, or suspend this Service, we will endeavor to notify you in advance, except in cases of urgent necessity.

3. The Company shall not be liable for any damages incurred by the Customer as a result of the modification, termination, or suspension of the Service pursuant to this Article, except in the case of willful misconduct or gross negligence on the part of the Company.

Article 15 Intellectual Property Rights in Content

The rights to all content provided by the Service are owned by the Company or by persons who have licensed their use to the Company (hereinafter referred to as "Licensor"). No license is granted to you to use or license any patents, utility model rights, design rights, trademark rights, copyrights, or other intellectual property rights held by the Company or the Licensor. You shall not apply for registration, apply for transfer, or exercise any of those rights.

Article 16 Indemnification

1. Although we will use commercially reasonable efforts with respect to the contents of the Service, we make no warranty of any kind regarding its usefulness, merchantability, compatibility with specific hardware or software, fitness for a specific purpose, etc., nor do we guarantee that the Service will be provided permanently. Furthermore, no warranty is made regarding the environment in which the Application and the Service are used (including the communication and technical environment pertaining to servers, networks, terminals, etc.).

2. The Company shall not be liable for any damages (including loss or corruption of data) resulting from interruption, suspension, limitation of use, etc. of the Service due to malfunction, non-operation, poor operation, or other technical reasons (including equipment, system or network maintenance, failure, etc.).

3. We are not responsible for the content or safety of any websites or any other services or content outside of the Service (including those linked from the Service's Applications or websites).

4. We shall not be liable for any damage or loss of data, loss of opportunity, business interruption, or any other indirect, incidental, or consequential damages (including lost profits) incurred by you or any other third party, even if we have been advised of the possibility of such damages in advance.

5. The Company shall not be liable for any damages incurred by you due to unauthorized access to the Service, computer virus infiltration, or other acts of third parties.

6. The Company shall not be liable for any damages incurred by you as a result of your failure to confirm changes to these Terms and Conditions.

7. In the event of loss or corruption of data in the server, we shall be liable only in the event of intentional or gross negligence.

8. In the event that the Company is liable for damages in connection with the use of the Service, regardless of the reason, the total amount of such liability shall be limited to the total amount actually received by the Company from the Customer as compensation for the Service.

9. The provisions of Paragraph 2 through the preceding Paragraph shall not apply to damages caused by reasons attributable to the Company (provided, however, that the preceding Paragraph shall be limited to damages caused by the Company's willful misconduct or gross negligence) in the event that the Customer is a consumer under the Consumer Contract Act.

10. In the event that you cause damage to a third party or have a dispute with a third party in connection with the use of the Service, you shall compensate for such damage or resolve such dispute at your own expense and responsibility, and shall not cause any trouble or damage to us.

Article 17 Liability for Damages, etc.

In the event that you cause damages to the Company due to a breach of these Terms and Conditions, you shall compensate the Company for any damages (including attorney's fees) at your expense and responsibility. The Company may also demand that you cease and desist from the conduct that caused the damage, regardless of whether the damage occurred before or after the damage was incurred.

Article 18 Links to Third Party Sites

In using the Service, you may be provided with links from the Service to other sites, etc. maintained by third parties other than the Company. If a Customer navigates from the Application to a site, etc. outside of the Service, it may fall outside the scope of the Company's responsibility under these Terms of Use.

Article 19 Notification, etc.

1. Notices, communications, and support provided by the Company to customers regarding the Service shall be made by the Company's prescribed methods (including notices and communications posted on the Company's website) and (unless otherwise specified by the Company) shall be made only in the Japanese language.

2. If Customer wish to contact or inquire about the Service, you shall do so only through the inquiry form on the Company's website or through other methods predetermined by the Company.

3. We may not be able to provide individualized responses to Customer communications and inquiries.

Article 20 Validity of these Terms and Conditions

1. If any part of these Terms and Conditions is determined to be invalid under any law or regulation, the validity of the other provisions shall not be affected.

2. If any part of these Terms and Conditions is determined to be invalid or revoked in relation to some Customers, this shall not affect its validity with other Customers.

Article 21 Modification of Terms and Conditions

The Company may change the contents of these Terms of Use at any time. In such cases, the Company shall, as a general rule, notify the Customer by posting the contents of the changes on the Application, the official website, or other Company websites, and the changes to the Terms shall become effective at the time such notification is uploaded to the Company's servers.
The Japanese version of these Terms and Conditions has been drafted in Japanese, and the Japanese version is the official version and supersedes all other language versions. Any translation of these Terms and Conditions into other languages is for convenience only and does not supersede the meaning and application of the Japanese version of these Terms and Conditions.

Article 22 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan.

Article 23 Court of Jurisdiction

If any dispute arises between you and the Company arising out of or in connection with these Terms and Conditions, the Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction as the court of first instance.

supplementary provisions

These Terms and Conditions are effective as of July 22, 2024.