Terms of service

Terms of service
Effective date: January 7, 2025
Thank you for using our services.
These Terms of Use (the “Terms”) apply to you and Matically when you use Matically’s games, websites, and related services (the “Services”). will be done.
Use of the Service is also subject to Matically’s Privacy Policy (located at https://matically.jp/privacy-policy-en/), which is incorporated into these Terms by reference.

As a precondition for using this service, you must agree to these terms.
By agreeing to these Terms, you represent that you have reached the age of majority in your country of residence.
If you are a minor or are not otherwise authorized to agree to these Terms, you represent that your legal guardian or guardian has reviewed and agreed to these Terms.

By using or accessing the Service, you agree to these Terms.
If you do not agree to these Terms, you must not use or access the Service.

Unless otherwise specified, the Services do not require the payment of money to use or download, but there may be features available for purchase within the Services.
Access to or use of the Service may require an Internet connection.
You are responsible for any internet connection fees or mobile phone usage fees incurred by accessing or using the Service.

If you access the Service from a third party platform, such as Facebook or other social networking site, you agree to abide by the terms of use of that platform as well as these Terms.

1. Right to use this service
   Subject to these Terms, Matically grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Service on a personal, non-commercial basis.
   The grant of this right is conditioned on your compliance with these Terms.

Except for the foregoing, no other license is granted to you. Matically retains all right, title and interest in and to the Services, whether or not they are registered.
This includes all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, title, computer code, audiovisual effects, themes, characters, character names, stories, dialogue, settings, artwork, and sounds.
All of the above, including, but not limited to, effects, musical compositions, recordings of gameplay performed while using the Service, and moral rights, regardless of whether they are registered or not. This includes applications.
Copy, reproduce, or distribute (in any medium or by any means) all or any portion of the Service without the prior written consent of Matically, except as expressly permitted by applicable law. ) is prohibited.
Matically reserves all rights not expressly granted to you in these Terms.

The Service and its content are licensed, not sold.
You agree that you have no rights or ownership in any content displayed within the Service.
This Content includes virtual items displayed on or originating from the Service, whether earned through the Service or purchased from Matically or its authorized partners.

2. Purchases in this service
   Matically provides certain virtual goods or other content (such as in-game items or currency) that may be used within the Service and that may be purchased with “real world” money or earned or exchanged through gameplay.
   Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis for non-commercial use only.

Unless expressly permitted by the Service, you may only purchase Virtual Items from Matically or its authorized partners, and you may not transfer or sell Virtual Items.

Virtual items do not have the same value as real-world money and are not a substitute for real-world money.
Neither Matically nor any other person or entity is obligated to exchange Virtual Items for anything of value.
Matically is not responsible for hacking or loss of virtual items.

Pricing and availability of Virtual Items are subject to change without notice.

All virtual item purchases and exchanges made through the Service are final and non-refundable.
You acknowledge and agree that Virtual Items are provided to you upon purchase and that once the purchase process has begun, you lose the right to cancel or withdraw your purchase.
Accordingly, you agree that Matically has no obligation to provide refunds for Virtual Items for any reason.
You further acknowledge that you will not receive monetary or other compensation for unused Virtual Items, whether your loss of license under these Terms is voluntary or involuntary.
However, the foregoing does not affect your rights under applicable law, including those under the statutory warranty of suitability set out in the Disclaimer.

As described in Matically’s Privacy Policy, if you request deletion of your personal information, you may permanently lose all Virtual Items as Matically will no longer be able to associate you with such Virtual Items.
You will not be able to receive a refund.

3. Right of withdrawal
   If you are a consumer located in a member state of the European Union or the European Economic Area (“EEA”), this provision applies to you.

You may withdraw your consent to these Terms within 14 days from the date you consented to them.
You may also cancel your purchase of a Virtual Item or Service license within 14 days of purchasing it.
There is no need to explain the reasons for exercising this right of withdrawal.
However, you will not have the right to cancel your purchase if you agree that the Virtual Item or Service will be fully provided during the cancellation period and you thereby forfeit your right to cancel.

If you wish to withdraw your consent to these Terms, you must notify Matically of your intention to withdraw and cease using the Service.
To cancel your purchase of a license for a Virtual Item or Service, you must notify the authorized seller (Matically or its authorized partner from whom you purchased it).
Please note that Matically cannot and is not obligated to honor purchase cancellation requests if Matically is not the authorized seller.

In order to notify Matically of your intention to cancel, you must send a clear statement of your intention via email to info@matically.jp

If you cancel your purchase of a license for Virtual Items or Services, you will be entitled to a refund of your purchase price without undue delay.
Refunds will be made to the same payment method you used for the original payment, unless otherwise agreed.
We will not charge any fees for such refunds.

4. Code of Conduct
   You agree that under no circumstances will you:

・Use, directly or indirectly, any cheating, vulnerability exploitation, automated software, bots, hacks, unauthorized modifications, or unauthorized software designed by a third party to modify or interfere with the Service.

・Use the Service in a manner that violates any applicable laws or regulations.

・Use the Service for commercial purposes.
This includes, but is not limited to, sending advertisements, solicitations, or promotions of get-rich-quick schemes, such as spam emails, chain letters, and pyramid schemes.

・Unauthorized use or abuse of the Service; This includes, but is not limited to, using the Service to impersonate any person or entity or misrepresent your business relationship with a person, entity, or the Service.
・Take any other action that disrupts, disrupts, or otherwise adversely affects the normal flow of the Service or that negatively impacts the experience of other users of the Service.
・Interfere with or create an undue burden on computers or servers used to provide or support the Service, or aid or assist in such activities.
・Attempt to gain unauthorized access to the Service, an account registered by another person, or a computer, server or network connected to the Service by any means other than through the user interface provided by Matically.
・Any information, content or other material that contains nudity or excessive violence, is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, or religiously objectionable; , or otherwise objectionable, or post a link to such information or content.
・Harass, abuse, or harm, or attempt to, advocate, or incite another person or group to engage in any of these acts.
・Provide any material or information through the Service that infringes any copyright, trademark, patent, trade secret, privacy right, publicity right, or other right of any other person or entity, or impersonates any other person.
・Except as expressly permitted by law, decompile, reverse engineer, disassemble, or hack any of the Services or use any encryption technology, security measures, transmission processing or Disable or break through any stored data or obtain any information from the Service by any means not expressly authorized by Matically.
・Solicit or attempt to solicit login information, other login credentials or personal information from other users of the Service.
・Harvest, scrape, or otherwise collect any information about others who use the Service.
・Post personal information (including personally identifiable information or personal data (regardless of text, image, or video format), identity verification documents, or financial information) through the Service.
・Performing any act that Matically deems to be contrary to the spirit or intent of the Service, or inappropriately using Matically’s support services.

5. Account and Login Information
   Certain portions of the Service may allow you to register for the Service, such as by creating an account (an “Account”).
   You may be asked to choose a password or use other credentials to access your Account (“Login Information”).

You will not share your login information with anyone or allow anyone else to use your login information or account.
You are responsible for maintaining the confidentiality of your login information.
Matically will attribute any use of your Login Information or Account to you, and you are responsible for all activities that occur using your Account or Login Information.
You will indemnify Matically for any loss or damage caused by your failure to maintain the confidentiality of your login information.

You agree that you have no ownership or property rights in your Account.
Matically may delete your account if Matically is not aware of any activity by you related to your account for more than 180 days.
In this case, you may no longer be able to access or use the Virtual Items associated with your account, and no refunds will be provided.

6. User Submissions
   The Services may allow you to create and/or post content.

In exchange for use of the Services, you hereby grant to Matically a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable, and sublicensable, worldwide right and license to use your User Submissions in any manner and for any purpose, including, without limitation, the right to reproduce, copy, modify, adapt, perform, display, publish, broadcast, transmit or otherwise communicate to the public by any means now or in the future, and to distribute your User Submissions without further notice or compensation of any kind to you. Unless expressly prohibited by applicable law, in connection with the Services and related products and services, you hereby waive any moral rights of attribution, publicity, favorable review, or attribution with respect to the use and enjoyment of your User Submissions by Matically and other players. The foregoing license grant to Matically, and the waiver of any applicable moral rights, shall survive any termination of these Terms.

Matically, and its directors, officers, and employees, do not accept or consider unsolicited (unsolicited) submissions of any kind (e.g., game or other product ideas, stories, scripts, artwork, musical compositions, concepts, or any creative materials) in any form or by any means of transmission (“Unsolicited Content”). Please do not submit Unsolicited Content to Matically, and its directors, officers, and employees. If you do submit Unsolicited Content, you agree that it will not be treated as confidential, even if such content, any accompanying message, or elsewhere is labeled as confidential. You further agree that Matically may use and exploit such Unsolicited Content without compensation to you or any third party. You also grant to Matically a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, exploit, copy, transmit, modify, display and exhibit the Unsolicited Content in any media now known or future now known, for any purpose, and to create derivative works based on the Unsolicited Content.

7. User Interactions
   Matically assumes no responsibility for the conduct of other users of the Services or for monitoring the Services for inappropriate content or conduct.
   Matically does not and cannot pre-screen or monitor all content or conduct of users.
   Use of the Services is at your own risk.

By using the Services, you may be exposed to content or conduct that is offensive, indecent, or otherwise not in keeping with your values.
Matically may use technology to monitor and record your interactions with and communications within the Services, including, but not limited to, chat text or voice communications.
You consent to and will not opt ​​out of such monitoring and recording, and agree that you have no expectation of privacy with respect to the transmission of any content within the Services, including, but not limited to, chat text or voice communications.
You understand that your User Submissions, communications within the Services, and/or your interactions with the Services may be displayed or available to other users of the Services or the general public.

Matically may, in its sole discretion, screen, monitor, prohibit, edit, remove, block access to, or otherwise disable any content provided by users of the Service at any time, for any reason or for any reason, without notice.
If Matically chooses to monitor the Service in its sole discretion, it assumes no responsibility for any content provided by users of the Service and has no obligation to modify or remove any inappropriate content.

If you have any dispute between you and any other user of the Service, you acknowledge that Matically is not a party to that dispute.
Matically is under no obligation to become involved in such dispute.
You will release Matically and its subsidiaries (and the officers, directors, agents, joint ventures, shareholders, and employees of Matically and its subsidiaries) from all claims, demands, and damages related to such disputes.

8. Suspension and Termination for Violation
   Without limiting any other remedies available to Matically, if Matically believes that you have violated these Terms, Matically may, with or without notice, take any or a combination of the following actions:
   (1) delete, suspend, or modify your Account or any part of your Account;
   (2) limit, suspend, or terminate your access to the Services;
   (3) modify or remove your Virtual Items;
   (4) reset or modify game progress or benefits and privileges associated with you, such as any levels or scores reached in the Services.
9. Availability, Compatibility, and Changes to the Services
   Matically does not guarantee that the Services will always be available or will continue to be available in the future.
   The Services may be temporarily unavailable for reasons related to technical issues or maintenance, which may occur either scheduled or unscheduled.
   In addition, the Services, or parts of them, may be designed to be available for a limited period of time (e.g., content may be seasonal or early access to development versions of games may be provided), or their product life may be affected by technological advances or changes in consumer behavior.
   Accordingly, Matically may cease to provide or support the Services, or parts of them (e.g., games or game features), at any time.
   At that time, your license to use the Services, or parts of them, will automatically terminate.
   In such event, Matically shall have no obligation to provide any refunds in connection with the Services and Virtual Items, except as required by applicable law.
   Where appropriate, Matically will take reasonable steps to provide prior notice of any discontinuation of the Services, or parts of them.
   However, if Matically believes that you or other users are creating a risk of legal liability or infringing third party intellectual property rights or are not acting in accordance with the letter or spirit of these Terms, Matically may limit, suspend or terminate the Services or any part thereof without notice and take technical and legal measures to prevent you from accessing the Services.

The Services may have limited compatibility across different devices and operating systems.
It is your responsibility to ensure that the Services are compatible with your device and its operating system.
More detailed descriptions of compatibility requirements are generally available at the time of first use or download.

The Services are intended to evolve over time.
Thus, Matically may change, maintain, modify or update the Services or any part thereof (including, but not limited to, Virtual Items) from time to time.
This may result in the addition, removal or modification of content or features (such as adding or removing gameplay modes or areas, or changing the appearance or power of Virtual Items).
Matically may make changes that it deems necessary to maintain and improve the Services in its sole discretion.
Such changes may include, but are not limited to, introducing, modifying, or removing game content or features in accordance with Matically’s development roadmap, adapting to new technologies, reflecting changes to Matically’s agreements with third parties, preventing fraud or technical issues, and addressing legal, safety, or regulatory requirements.
If changes are made to the Services, you may be required to download and install updates in order to continue using them.
If you do not do so, you may not be able to access or use the Services or parts of them (for example, online play and features may only be available to those using the most recent version of the Game).

10. Disclaimer
    To the maximum extent permissible under applicable law, the Service is provided “as is” and without any warranties, commitments or guarantees of any kind.
    The Service may have defects and your use of it is at your own risk.
    Matically does not make and disclaims all express, implied and statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including but not limited to location data), merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of third party rights, as well as warranties arising from course of dealing, usage or trade practice (if any).
    Matically also does not warrant that your enjoyment of the Service will not be interfered with, that the Service will meet your requirements, that the operation of the Service will be uninterrupted or error-free, that the Service will interact with or be compatible with other services, and that any errors in the Service will be corrected.
    No oral or written advice from Matically or its employees or other parties shall constitute a warranty.

Some jurisdictions do not allow the above disclaimer, so the above provisions may not apply to you.
In such jurisdictions, the above disclaimer will instead apply only to the extent permitted by the laws of that jurisdiction.
Furthermore, you may have further legal rights in your jurisdiction, and nothing in these Terms will affect your legal rights as a consumer of the Services.
In particular, if you are a consumer residing in the European Economic Area,
(1) within two years of the one-off provision of the Services (e.g., the provision of Virtual Items), or
(2) at any time during the ongoing provision of the Services, a legal warranty of conformity is provided to you, based on which Matically may be liable for any lack of conformity discovered by you.

11. Limitation of Liability
    Matically shall not be liable for any special, incidental, or consequential damages arising from your access to, use of, or malfunction of the Service, including, but not limited to, damages for property damage, loss of goodwill, device failure or malfunction, and, to the extent permitted by law, punitive damages for personal injuries, property damage, lost profits, or any basis for action, whether in tort (including negligence), contract, or strict liability, whether or not Matically has been advised of the possibility of such damages.
    In no event shall Matically’s total liability arising from or related to these Terms, the Privacy Policy, or the Service exceed the greater of

(1) the actual price paid by you (if applicable) for the Virtual Items or license to use the Service, or

(2) 100 Euros. The exclusions and limitations of damages are fundamental elements of the agreement between Matically and you.
For purposes of this “Limitation of Liability” section, Matically’s licensors and other partners are third party beneficiaries of the limitations of liability specified herein and may enforce these Terms against you.

Some jurisdictions do not allow the above limitations of liability, so the above section may not apply to you.
In such jurisdictions, the above limitations of liability will instead apply only to the extent permitted by the laws of such jurisdiction.
In addition, you may have additional legal rights in your jurisdiction, and nothing in these Terms will impair any legal rights you may have as a consumer of the Services.

If a third party asserts a claim, demand, damages, or losses (including reasonable attorneys’ fees) that arise out of your use of the Services or your violation of these Terms, you agree to indemnify, defend, and hold Matically and its subsidiaries (and their respective officers, directors, agents, joint ventures, shareholders, and employees) harmless.
However, the foregoing will not apply if the third party’s claim is not due to your intentional or negligent acts.

12. Copyright and DMCA
    If you believe that the Service or its content infringes your copyright, please notify us by email at info@matically.jp.

In your DMCA notice, please include all of the following:

(1) Identify the copyrighted work that you claim has been infringed.
If your DMCA notice covers multiple copyrighted works, you may provide a representative list of such works.

(2) Identify the material that you claim is infringing.
Include a description of where the infringing material is located.
The description should be as detailed as possible so that we may locate the material.

(3) Include your name (full legal name), address, telephone number, and email address.

In addition, please include the following in the body of your DMCA notice:

“I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.”

Please note that if you knowingly misrepresent that any material or activity is infringing, you may be liable for damages, including costs and attorneys’ fees, incurred by Matically or its users.
If you are unsure whether the material or activity you are reporting is infringing, we recommend that you consult with an attorney before serving a notice on Matically.

13. Third Party Products and Services
    The Services may contain links to or make available third party products and services, including, but not limited to, third party advertising, connections to social media and community services, and gameplay recording and sharing services.
    These products and services are subject to the respective third party’s terms and conditions.
    Please read these third party terms carefully, as they constitute an agreement between you and the relevant third party service provider, to which Matically is not a party.
    You understand that Matically does not endorse or make any promises regarding the content, goods, and services provided by such third parties.
    Matically is not responsible for any losses or damages incurred by such third parties, or any fees incurred in connection with such third parties.
    If you provide data to such third parties, you understand that you are providing it in accordance with the third party’s privacy policy (if any), and that Matically’s privacy policy does not apply to such data.
14. Changes to these Terms
    Notwithstanding the “Binding Arbitration/Waiver of Class Actions” clause, Matically may revise these Terms from time to time in response to changing legal, technological, or business developments.
    If Matically revises these Terms, we will notify you by appropriate means, such as through the Game, depending on the significance of the changes Matically makes.

By continuing to access or use the Service after the revisions become effective, you agree to be bound by the revised Terms.

15. Additional Terms for Apple Users
    If you access the Service through the App Store operated by Apple Inc. (“Apple”), the following terms apply in addition to the terms above.

You acknowledge and agree that these Terms are concluded between you and Matically, not between you and Apple, and that Matically, not Apple, is responsible for the Service and its content.
The license granted to you under these Terms is subject to the usage rules set forth in the Apple App Store Terms of Use and any third party terms of agreement set forth therein.
You must comply with any third party terms of agreement that apply to your use of the Service.

Matically, not Apple, is responsible for: Apple’s sole responsibility is to:

(1) provide maintenance or support related to the Services in accordance with these Terms;

(2) address any claims you may have regarding the Services, including product liability claims, claims that the Services fail to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
If the Services fail to conform to any warranty or other term set forth in these Terms or applicable law, you may notify Apple, and Apple may then refund the purchase price (if any) of the relevant Services.
To the maximum extent permitted by applicable law, Apple shall have no other warranty obligation with respect to the Services.

In the event of a third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of such intellectual property infringement claim.

You represent and warrant that:

(1) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and

(2) you are not listed on any U.S. government list of prohibited or restricted parties.

Apple and its subsidiaries are third party beneficiaries of these Terms. By accepting these Terms, you agree that Apple will have the right to enforce these Terms against you as a third party beneficiary.