The following Terms of Service (“Terms of Service”) explain the conditions that apply when you use our service set out above (“Service”). These Terms of Service govern your use of the Service. In addition to these Terms of Service, separate guidelines, rules, or terms of service (“Additional Terms”) may apply to your use of the Service. To the extent there is a conflict between these Terms of Service and any Additional Terms, the Additional Terms will control unless expressly stated otherwise. Before using the Service, you must read and accept these Terms of Service and any Additional Terms, and you acknowledge that you have read and understand the Square Enix Privacy Notice. If you do not agree to these Terms of Service or any Additional Terms, please uninstall and discontinue use of the Service.
These Terms of Service are a contract between you and Square Enix Co., Ltd. (“Square Enix,” or “we,” “our,” or “us”)
You may not use the Service if you are located in a territory in which use of the Service is prohibited by applicable law or these Terms of Service.
Square Enix and its licensors own and reserve all rights, title, and interest in the Services and the associated intellectual property in the Service, including audio-visual elements and other copyrightable materials; trademarks, logos, trade names, service marks, and trade identities of Square Enix and our licensors; patentable subject matter; and any other forms of intellectual property. Subject to your continuing compliance with these Terms of Service, Square Enix grants you a limited, non-exclusive, cancellable, non-assignable, non-sublicensable, and non-transferable license to use the Service for your personal, non-commercial use. Square Enix may immediately suspend or partly terminate the availability of the Service for any reason, in Square Enix’s sole discretion, without advance notice or liability. Notwithstanding the foregoing, if Square Enix determines to terminate the Service in its entirety, Square Enix will give you at least ninety (90) days prior notice.
In order to use the Service, you must not do any of the following:
We may immediately suspend or terminate your access to all or parts of the Service if you violate any of these restrictions, or if you otherwise violate these Terms of Service.
The Service is not directed to children under the age of thirteen (13), and Square Enix will not knowingly collect personal information from anyone under the age of thirteen (13) (or other applicable minimum age in your place of residence) without obtaining verifiable explicit parental consent as may be required by law. Children over the age of thirteen (13) (or other applicable minimum age in your place of residence) but under the age of eighteen (or other applicable age of majority in your place of residence) must obtain consent from their parent or guardian before using the Service. Parents and guardians of children under the age of eighteen (or the applicable age of majority in your place of residence) should read these Terms of Service carefully before allowing children to use the Service.
A backup account for the app version of the Service is required to use the full Service. You are responsible for maintaining the security of your account and for all activity that occurs on your account. When creating an account, you agree to the following: (i) you will not use a username or email address that impersonates or personally identifies another person or entity; (ii) you will provide and maintain accurate information; and (iii) you will not sell your account to a third party or let any other person use your account. Square Enix may suspend or terminate your account at any time and for any reason, including if Square Enix believes you have violated these Terms of Service.
Square Enix may allow you to use “Virtual Credits” to redeem certain digital items and online services. Virtual Credits are not currency or property and have no monetary value. Square Enix retains all ownership of Virtual Credits and has the absolute right to manage and change Virtual Credits and all licenses for digital items and services redeemed using Virtual Credits. Your use of Virtual Credits is subject to a personal, non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable, cancelable license. Except where explicitly authorized by Square Enix, exchanging, seeking to exchange, or facilitating the exchanging of Virtual Credits or other virtual items for money or any other form of property is strictly forbidden and considered a breach of these Terms of Service.
Where permitted by Square Enix, you may add Virtual Credits to your account by using the applicable payment methods for the platform you are using to access the Service. Square Enix reserves the right to adjust the price for Virtual Credits at any time, in its sole discretion, without notice or reimbursement. You are responsible for the payment of any taxes or other charges relating to the purchase or redemption of Virtual Credits. Except as where may be required by law, you have no right to receive a refund for unused Virtual Credits.
For questions and other customer service requests, please contact the relevant customer service specified below:
The Service may give you the option to access third-party websites, software, services, advertisements, or other third-party materials. We do not endorse or control such third-party materials and we are not responsible for your interactions with them. When accessing any third-party materials, you should carefully read any applicable terms of service and privacy policies.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SQUARE ENIX DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICE, INCLUDING WHETHER THE SERVICE: ARE FREE FROM VIRUSES OR OTHER MALICIOUS CONTENT; WILL INTEROPERATE OR BE COMPATIBLE WITH ANY THIRD-PARTY HARDWARE OR SOFTWARE; WILL BE ERROR FREE, UNINTERRUPTED OR AVAILABLE AT ALL TIMES; WILL MEET YOUR REQUIREMENTS; OR ARE LAWFUL IN ANY PARTICULAR JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. IF YOU LIVE IN, HAVE BOUGHT, OR USE THE SERVICE IN A JURISDICTION THAT PROVIDES STATUTORY OR OTHER GUARANTEES UNDER APPLICABLE LAW, NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT THOSE RIGHTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SQUARE ENIX AND ITS EMPLOYEES, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (THE “SQUARE ENIX PARTIES”) ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE THE RESULT OF OR RELATED TO: (I) YOUR USE OF OR INABILITY TO USE THE SERVICE OR THE PERFORMANCE OF THE SERVICE; (II) CONTENT OR ANY OTHER FUNCTIONS, FEATURES, ELEMENTS, OR INFORMATION ON, REFERENCED AT, OR LINKED OR MADE ACCESSIBLE THROUGH THE SERVICE; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SQUARE ENIX PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF THE SERVICE; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS; (V) ANY ERRORS OR OMISSIONS IN THE SERVICE’S TECHNICAL OPERATION; (VI) ANY DAMAGE TO YOUR OR ANOTHER PERSON’S DEVICE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE, NETWORK FAILURE, OR ANY TECHNICAL OR OTHER MALFUNCTION; OR (VII) YOUR INABILITY OR FAILURE TO COMPLY WITH THESE TERMS OF SERVICE FOR ANY REASON. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SQUARE ENIX PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID SQUARE ENIX OVER THE PRECEDING TWELVE (12) MONTHS. NOTHING IN THESE TERMS AFFECTS YOUR LEGAL RIGHTS IN YOUR PLACE OF RESIDENCE. IN THE EVENT OF A CONFLICT BETWEEN YOUR RIGHTS UNDER APPLICABLE LOCAL LAW AND THESE TERMS OF SERVICE, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
If you are located in jurisdiction that does not allow the exclusion or limitation of incidental or consequential damages of the sort that are described in this Section, then such exclusions and limitations may not apply to you. Nothing in these Terms of Service in any way limits our liability to you for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of any term implied by applicable law that may not be limited or excluded; or (iv) any other liability that, by law, may not be limited or excluded. Subject to this, in no event shall we be liable to you for any business losses, and any liability we do have for losses you suffer arising from any contract shall not, in respect of any twelve-month period as calculated from the date of that contract, exceed the charges payable by you for the relevant Service in that twelve-month period or include any losses that were reasonably foreseeable. Losses are considered foreseeable where they could have been contemplated by you and us at the time we accepted your order.
IF YOU CLAIM TO HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES, THEY WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY PRODUCT, SERVICE, CONTENT, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY SQUARE ENIX.
A. Updates to Terms of Service. Square Enix reserves the right to modify these Terms of Service at any time, including by posting updated terms on the Service (subject to applicable law). By continuing to use the Service after any such update you consent to the changes to the Terms of Service. You may also be asked to affirmatively consent to updates to these Terms of Service, and may be prevented from continuing to use the Service if you decline to accept such an update.
B. Applicable Law and Venue. Except as stated otherwise, these Terms of Service will be governed by the laws of Japan, subject to the exclusive jurisdiction of Tokyo District Court, Tokyo, Japan.
C. Indemnity. You agree to defend, indemnify, reimburse, and hold harmless the Square Enix Parties from and against any and all claims, demands, losses, liabilities, or expenses (including attorneys’ fees) incurred in connection with your use of the Service, violation of these Terms of Service, or violation of any person or entity’s intellectual property rights or other rights. We retain the exclusive right to assume the defense and control of any matter that is otherwise subject to indemnification by you under this paragraph, and you agree to cooperate with Square Enix in asserting any available defenses.
D. Export Controls. You will not export, re-export, or otherwise download or transfer the Service to any country, jurisdiction, or person if doing so would violate the export control laws of Japan or another country. You are responsible for complying with all applicable trade regulations, laws, and export controls. Without limiting the foregoing, you represent and warrant that: (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
E. Severability. If any provision of these Terms of Service is found to be invalid, unlawful, void, or unenforceable, then that provision will be deemed severable and its invalidity will not affect the validity or enforceability of the remainder of these Terms of Service.
F. Interpretation. To the extent permitted by applicable law, you waive any rights under applicable statutory or common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms of Service it is deemed to mean “including, without limitation.”
G. Cooperation with Law Enforcement. Subject to applicable law, Square Enix reserves the right to involve and cooperate with law enforcement authorities in investigating any matters at any time without notice to you and with or without the receipt of a formal subpoena, search warrant, or other legal process. You acknowledge and agree that Square Enix may provide your electronic communications and data, including emails and chat logs, to such law enforcement authorities without any liability to you or any third party, unless prohibited by law.
H. Survival. In the event these Terms of Service are terminated then any terms that by their nature apply after such termination shall survive, including the rights and licenses you grant to Square Enix, indemnities, releases, disclaimers, limitations of liability, and provisions regarding jurisdiction, choice of law, no class action (if applicable in your country), and mandatory arbitration (if applicable in your country).
I. Assignment. Square Enix may assign its rights and obligations under these Terms of Service, in whole or in part, to any person or entity at any time without notice to you. You may not assign these Terms of Service without our prior written consent.
J. No Waiver. No failure or delay by you or Square Enix in exercising any rights, powers, or remedies will operate as a waiver, and no waiver of any term of these Terms of Service will be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
K. Entire Agreement. These Terms of Service, together with the Privacy Notice, Additional Terms, and any other terms of use relevant to your use of the Service, constitute the entire understanding and agreement between the parties with respect to your use of the Service and supersede any and all prior or contemporaneous oral or written communications.
L. Third-Party Rights. Except as expressly indicated herein, these Terms of Service are not intended to confer any rights or remedies on any person other than the parties to these Terms of Service, except that any Square Enix Party may enforce any right or remedy expressly conferred on such Square Enix Party under these Terms of Service.
Nov. 28th, 2024