Terms of Service

Article 1: Definitions

The following terms are used in this Agreement.

1. The “Customer” refers to the user of the Services provided under this Agreement.
2. An “Account” refers to the Customer’s information that is on file with Cygames and it is the identifier issued by Cygames to identify the Customer.
3. The “Individual Service Agreement” refers to the terms and conditions which are presented to each Customer, in addition to this Agreement, under names such as “agreement,” “guidelines,” or “policy” and to which the Customer’s use of the Services is also subject.
4. “Content” refers to the content that can be used, viewed, and accessed through the Services and includes text, audio, music, images, videos, software, programs, codes, Customers’ usernames, and other proprietary information.
5. “Device” means the device (including hardware and peripherals such as personal computers) with which the Customer uses the Services.
6. A “Fee-Based Service” refers to a service or Content that requires the payment of a usage fee by the Customer.
7. The “Game Currency” shall refer to fictional credits or currencies that may only be used exclusively within the Services.
8. “Game Items” means virtual items that may only be used exclusively within the Services.

Article 2: Consent to the Agreement

1. The Customer’s use of the Services is subject to the Customer consenting to the terms and conditions of this Agreement and the Individual Service Agreement. The Customer agrees to use the Services within the scope set forth by Cygames in accordance with the terms and conditions set forth by Cygames (e.g., age and usage environment).
2. In the event that the Customer does not consent to this Agreement or the Individual Service Agreement, the Customer shall not be entitled to use the Services, and shall immediately cease downloading, installing, or using the Services. In the event that the Customer has already installed the Services, the Customer shall uninstall the Services.
3. In the event that an Individual Service Agreement has been established in relation to the Services, the Customer shall use the Services in accordance with the provisions of the Individual Service Agreement in addition to this Agreement.
4. In the event that there is a discrepancy in the content of this Agreement and the Individual Service Agreement, the content set forth in the Individual Service Agreement shall be applied in preference.
5. For users under the age of majority in the country where they live: THE PARENT OR GUARDIAN MUST PROVIDE CONSENT TO THEIR CHILD’S REGISTRATION WITH OR USE OF THE SERVICES. THE PARENT OR GUARDIAN AGREES TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO SUCH CHILD’S USE OF THE SERVICES. Additionally, users under the age of majority will be restricted from using some of the services of the Services.

Article 3: Changes to the Agreements and Disclaimers

1. Cygames reserves the right to amend this Agreement and/or the Individual Service Agreement (i) in the event that Cygames considers that amendments need to be made for legal reasons including any changes in laws, (ii) due to technical necessity, (iii) in order to maintain company operations, (iv) for the benefit of the user, and/or (v) if Cygames determines for any other reason, in its sole discretion, that such amendments are required.
2. Cygames shall inform the registered Customers about the proposed amendment via its website or in-game messages.
3. The Customer is entitled to object to any amendment of this Agreement or the Individual Service Agreement until the amendment becomes effective. Once the amendment becomes effective, the objecting Customer must immediately cease downloading, installing, and using the Services. In the event the objecting Customer has already installed the Services, the Customer shall uninstall the Services.
4. If the Customer does not expressly object to an amendment of this Agreement or the Individual Service Agreement or if the Customer uses the Services again after the amended terms and conditions become effective, it shall be deemed that the Customer consents to this Agreement or the Individual Service Agreement as amended.

Article 4: Handling of Personal Information

Cygames shall handle the personal information obtained from the Customer in accordance with the “Privacy Policy,” as set forth separately by Cygames.

Article 5: Limited License of Rights (e.g., Intellectual Property)

1. The Services are provided for the Customer’s enjoyment, and unless otherwise specified, solely for the Customer’s own personal use. Cygames hereby grants the Customer a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Services and any game or Content included thereunder for the Customer’s own non-commercial entertainment purposes, subject to the Customer’s complete compliance with this Agreement. The Customer acknowledges that the time spent on or using the Services, including and without limitation on any underlying game or Content, is solely for the Customer’s personal entertainment purposes, and that no monetary value can be attributed to such time, and that, except for the license granted herein, the Customer is not entitled under the law to use or have access to the Services and/or the Content.
2. Between the parties, Cygames shall own all rights and titles in and to (i) the Content, including the text, software, images, programs, trademarks, logos, and any other features of the Content that is part of the Services, and (ii) all code, programming, and any associated patents or proprietary rights related to the Services or the underlying game. This Agreement shall not transfer any rights (e.g., intellectual property rights) relating to the Services to the Customer other than the right to access and use the Services set out in Article 5(1). The Customer acknowledges that Cygames’ intellectual property contained within the Content and the Services is valid and protected in all media existing now or developed later in the future, and acknowledges that the Customer does not acquire any ownership rights in or to the intellectual property.
3. Cygames does not grant the Customer any express or implied rights or licenses in or to the Services and/or the Content other than what is expressly set forth herein. Furthermore, the Customer may not modify, copy, adapt, reverse engineer, de-compile or otherwise reduce to a human-perceivable format, distribute, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, the Content.
4. Cygames reserves the right to modify, amend, and update the Content and the Services at any time and for any reason. The Customer agrees that Cygames will not be liable to the Customer or any third party for any such modification, suspension, or termination.
5. Cygames reserves the right to set, create, and change at its discretion the specifications, rules, design, audiovisual expressions, effects, parameters, scenarios, and all other matters in the Content and the Services.
6. The Content contains copyrighted material, trademarks, and other proprietary information, including videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics. The Content is subject to copyrights owned by Cygames and other individuals or entities and is protected by copyright laws.
7. The names, trademarks, service marks, and logos of Cygames belong exclusively to Cygames and are protected from reproduction, imitation, dilution, or confusing or misleading use under trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of the trademarks is expressly prohibited and nothing stated or implied in connection with the Services grants you any license or right under any patent or trademark of Cygames or any third party.

Article 6: Account and Password

1. The Customer will ensure that any username selected for the Customer’s Account does not include personal information, does not infringe on any third-party rights, and is not otherwise unlawful. Cygames reserves the right to refuse to grant the Customer a username for any reason, including if it potentially impersonates someone, is vulgar, is otherwise offensive, or may cause confusion. The Customer does not own any rights to the username and Cygames reserves the right to change or delete any username, with or without prior notice to the Customer, at any time and for any reason in its sole discretion.
2. The Customer acknowledges that the Customer does not have any ownership or proprietary rights to the Account. The Customer cannot transfer, loan, or pass on any of the usage rights in the Services to a third party.

3. To create an Account, we may require or request that you provide us with certain information, including personal information. When you decide to provide Cygames with your information, you agree to:

   1. provide accurate information about yourself as prompted by the Account registration process and
   2. maintain and update your information to keep it accurate and current.

   If any information provided by you is untrue, inaccurate, not current, or incomplete, Cygames has the right to terminate your access to and use of the Services.

4. Cygames shall bear no responsibility or liability for any issue that arises as a result of a defect or mistake in the information registered by the Customer when the Customer uses the Services, and the Customer releases Cygames from all liability or responsibility for any actions taken which relate to the incorrect information. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF THEIR ACCOUNT, GAME CURRENCY, OR GAME ITEMS.
5. The Customer shall take all appropriate safety measures against the unauthorized use of the Account by any third party with reasonable care.
   1. The Customer shall in particular:

      • safeguard the confidentiality of the Account’s username and password in particular when using national or international media, private correspondence, social media, or a service on the Internet, and not disclose such information to any third party;
      • secure access to the hardware with which the Customer accesses the Services (e.g., by implementing further passwords necessary to unlock the hardware, which again the Customer shall safeguard in the ways described in this Agreement);
      • safeguard any credit cards or other payment instruments which the Customer uses to effect payment for the Services against any unauthorized use by third parties;
      • in case the Customer has parental authority over a minor,
        • restrict the minor’s use of the Customer’s Account and
        • monitor, on a regular basis, that the minor does not use the Customer’s Account in spite of the prohibition to do so.
   2. If the Customer breaches the obligations of this Agreement, he or she shall be liable according to the statutory damage claims and other claims permitted under relevant laws and regulations.
6. Cygames shall consider any acts performed by the Customer or by a third party on the Customer’s Account as the Customer’s own acts if the third party was able to use the Customer’s Account due to the Customer’s permission or fault. The Customer acknowledges that it is the Customer’s own responsibility to ensure that the information registered by the Customer when using the Services is not used in an unauthorized manner by a third party. It is the Customer’s responsibility to resolve any issue that arises as a result of the Customer releasing their Account details to a third party, whether by using national or international media, private correspondence, social media, a service on the Internet, or any other method. The Customer acknowledges that Cygames shall bear no responsibility for any such misuse.
7. As between the parties, the Customer shall bear all liability and responsibility for any acts performed in the Services through the Customer’s Account and username by the Customer or by a third party on the Customer’s Account and username as the Customer’s own acts if the Customer could have prevented the use of the Account by applying reasonable care and in particular by complying with the obligations of this Agreement.
8. If the Customer violates this Agreement and does not comply with a warning notice, Cygames reserves the right to delete or suspend the Customer’s Account and information associated with the Customer’s Account. All of the Customer’s usage rights in the Services shall cease to exist when the Account is suspended, deleted, or revoked, regardless of the reason.

Article 7: Provision of Service

1. Cygames reserves the right to change, suspend, or terminate at its discretion the Services and all the services provided using the Services.
2. If the Services are terminated under the preceding paragraph, the Customer cannot access the Customer’s Account once the Services are terminated.
3. The Customer is not entitled to a refund, return, or other repayment in circumstances where there has been a cancellation by the Customer of the Fee-Based Services other than to the extent that any such refund, return, or other repayment is required by applicable laws or regulations.
4. Notwithstanding any provision to the contrary herein, the Customer agrees that the Customer has no right or title in or to any Content, or Game Items, whether earned in the game or purchased from Cygames, or any other attributes associated with an Account or stored on the Services. THE CUSTOMER AGREES THAT GAME ITEMS HAVE NO CASH VALUE AND THAT CYGAMES HAS NO OBLIGATION TO EXCHANGE GAME ITEMS FOR ANYTHING OF VALUE. IF THE CUSTOMER’S ACCOUNT IS TERMINATED, OR SUSPENDED, GAME ITEMS AND THE ACCOUNT SHALL HAVE NO VALUE. Game Items may not be transferred, licensed, or sold.
5. Cygames reserves the right to charge fees for (or to provide at no charge or for promotion) the right to use Game Items.
6. To the extent that it is not inconsistent with the laws or regulations, Cygames has the right to modify or eliminate Game Items as it sees fit and in its sole discretion, and it will only be liable to the Customer for the exercise of such rights in cases of willful misconduct and gross negligence.

Article 8: Advertisements

Cygames shall reserve the right to post the advertisements of Cygames or a third party in the Services at the discretion of Cygames.

Article 9: Fees and Expenses

1. The costs pertaining to the purchase, introduction, and maintenance of a Device, the communication fees (e.g., data usage fees), and all other expenses necessary while using the Services shall be borne by the Customer. The Customer will pay all fees or charges incurred through their Account, including applicable taxes at the time that the fee becomes payable.
2. Cygames may change the price for functions that are free or fee-based in the Services at its sole discretion. The Customer acknowledges and agrees that the Customer may be unable to use the Services in whole or in part if the Customer does not accept the new price for functions.
3. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CUSTOMER IS FULLY LIABLE FOR ALL FEES AND CHARGES INCURRED OR MADE THROUGH THE ACCOUNT AND THAT, UNLESS OTHERWISE PROVIDED FOR HEREUNDER OR UNDER APPLICABLE LAW, THERE ARE NO REFUNDS FOR FEES AND CHARGES INCURRED OR MADE THROUGH THE CUSTOMER’S ACCOUNT.

Article 10: Fee-Based Services

1. It shall be possible to use the Services (except Fee-Based Services) for free, but the Customer may decide to use additional Fee-Based Services.
2. Fee-Based Services can only be used as long as the Services are provided. After the termination of the Services, the Customer cannot continue to use any Fee-Based Services.
3. The pricing of the Fee-Based Services shall be described before any purchase can be made. Cygames or a settlement agency (including but not limited to an intermediary platform holder) will have the right to amend or change the prices prospectively. If a price determined by Cygames or a settlement agency is amended, the amended price shall be displayed.
4. The Customer shall not be able to transfer items obtained in a Fee-Based Service to another Account or sell or transfer their Account.
5. If a minor uses the Services, the consent of a legal representative such as a parent is necessary for all use of the Services, including use of Fee-Based Services such as purchase of items and services (including consent to this Agreement and Individual Service Agreements).
6. There is a limit on the amount of Fee-Based Services that the Customer may use, as specified below. If Fee-Based Services are provided in excess of the maximum amount due to the Customer having selected or entered incorrect information regarding their age during the purchase process, Cygames will not be able to refund or accept returns for the amount in excess of the maximum amount:
   Customers under the age of 16 years old: Up to 2,000 paid crystals per month
   Customers between the ages of 16 and 19 years old: Up to 4,000 paid crystals per month
   *”Paid crystals” is the name of the Game Currency that can be purchased for money within the Services.
7. If a Customer who was a minor at the time of entering this Agreement or an Individual Service Agreement uses the Services after reaching adulthood, the Customer is deemed to have consented to all agreements relating to the use of the Services through the continued use of the Services.

Article 11: Prohibitions

1. The Customer shall not commit any of the following acts in relation to the Services, regardless of whether such actions occur inside or outside the Services. In addition, the Customer is prohibited from instructing, inciting, or coercing a third party to commit such acts:
   1. Any act in violation of this Agreement, any act that infringes upon the intellectual property rights or other legally protected rights of Cygames or any third party, criminal acts and other illegal acts, and any act that is likely to constitute or that promotes any of the preceding acts.
   2. Any act that causes discomfort to third parties, such as stalking, making offensive remarks, harassment, posting Content that arouses feelings of disgust, etc.
   3. Posting information that contains nudity, pornography, excessive violence, or offensive content, or information that contains links to such content.
   4. Any act that induces or promotes suicide or drug abuse.
   5. Inducing or soliciting others to commit antisocial acts, or providing benefits to or cooperating with antisocial forces.
   6. Political or religious activities, or soliciting people to join political or religious organizations.
   7. Acquiring, disclosing, falsifying, or leaking (or committing acts that may result in the acquisition, disclosure, falsification, or leak of) information that can identify specific individuals (e.g., names, titles, telephone numbers, email addresses, addresses, location information, etc.), or the non-public information, trade secrets, or confidential information of companies, organizations, etc., without the permission of the rights holder or the person, company, or group to which the information relates.
   8. Claiming to be, hinting to be, or otherwise impersonating Cygames, an affiliate company or a related person of Cygames, or a third party; or otherwise registering or posting false information.
   9. Any act intended to make a profit without the permission of Cygames (including the act of soliciting transactions similar to pyramid schemes, etc.)
   10. The unauthorized acquisition of various Content provided by Cygames through the Services (including, but not limited to, Content provided in the Fee-Based Services; hereinafter referred to as “In-Service Content”) or any other rights or benefits available to users in the Services in whole or in part, whether for free or for consideration; or disposing of such contents and rights etc. by transferring them to a third party, etc. (other than in the manner approved by Cygames); or any act that promotes such acts.
   11. Trading Game Currency, Accounts, In-Service Content, etc. for profit with real-world money, goods, services, or other economic benefits (so-called “real-money trading”), as well as performing any preparatory acts, including inducing another to trade, making offers to trade, or accepting offers to trade.
   12. Soliciting or inviting, while within the Services, users to use other services (except as approved by Cygames).
   13. Providing links with the intention of promoting an act that is prohibited under this paragraph with the knowledge that such act falls under any of the items listed in this paragraph.
   14. Disassembling, decompiling, or reverse engineering the Services; or any act that Cygames deems hinders or may hinder related data (including rights notices), servers, and network systems, such as operating, modifying, acquiring, distributing, publishing, damaging, removing, or gaining unauthorized access to related data (including rights notices), servers, and network systems.
   15. Replicating, transmitting, transferring, renting, translating, adapting, or altering the Services, or combining the Services with other software.
   16. Using, creating, distributing, or selling technical means such as external tools and bots, or modified devices, which are not provided by Cygames and that affect the Services; or any act of using these to manipulate the Services without the permission of Cygames.
   17. Intentionally inducing or utilizing malfunctions of the Services, or using the Services for purposes not intended by Cygames.
   18. Using the Account of another Customer, holding multiple Accounts, or sharing an Account between multiple people without the permission of Cygames; or transferring to a third party or allowing a third party to use an Account, In-Service Content, or part or all of the rights and benefits available to the Customer in the Services in exchange for cash or other assets without the permission of Cygames.
   19. Making unreasonable inquiries or requests to Cygames (e.g., unnecessarily repeating a question or similar questions).
   20. Facilitating the raising of a ranking of a user or the acquisition of prizes in the Services by intentionally disconnecting the network during online play or repeatedly losing to certain other users.
   21. Any other act that Cygames deems interferes with, hinders, or damages, or may interfere with, hinder, or damage Cygames’ operation of the Services or another Customer’s use of the Services.
2. Cygames shall reserve the right to take the following measures if Cygames has confirmed that the Customer has committed or is likely to commit an act that corresponds to a prohibited act, or if Cygames determines the Customer’s use of the Services are inappropriate, or if the Customer admits to committing a prohibited act:
   1. Request the Customer to stop the prohibited act and not repeat said act.
   2. Revoke items or similar things acquired by the Customer and take other punitive measures in the Services.
   3. Suspend the Customer’s use of the Services in whole or in part.
   4. Suspend or delete the Customer’s Account.
   5. Revoke the rights obtained through prohibited acts.
   6. Disclose inside and outside the Services the relevant facts of the prohibited acts, including making a report to the police or another public agency in the case that the prohibited act may constitute a criminal case, administrative case, or other case.
   7. Take other measures that Cygames deems to be necessary and appropriate.
3. Cygames shall reserve the right not to provide Cygames services, including the Services (including refusal to provide services and deletion of registered accounts for other services), to a Customer whose Account has been deleted under item (4) of the preceding paragraph. Cygames may store personal information etc. to the extent necessary to take such measures.

Article 12: Limitations of the Services

1. Cygames shall not bear responsibility in the event that the Services are unavailable temporarily or for an extended period, or the Services themselves are suspended or terminated, due to the following causes:
   1. Natural disaster such as an earthquake, tsunami, typhoon, thunder, heavy rain, flood, etc., or force majeure events such as war, terrorism, revolution, labor disputes, etc.;
   2. Temporary or large-scale maintenance of systems or other equipment necessary for the operation of the Services;
   3. Congestion on the network line or a problem with the network provider, etc.; or
   4. Other disruptions that affect the operation of the Services.
2. Cygames shall not bear responsibility for any damage incurred by the Customer due to the actions of third parties, such as unauthorized access to the Services, computer viruses, etc.
3. Cygames shall not bear responsibility for damages (including but not limited to indirect, incidental, special, or exemplary damages; damages for loss of business, loss of data, or lost profits; or damages for wrongful death/personal injury) incurred by the Customer in connection with the Services, including those resulting from the termination or modification of the provision of the Services by Cygames. And in any case, the maximum liability of Cygames for all damage, loss, and causes of action shall be the total amount paid by the Customer to Cygames in the preceding six (6) months.
4. Cygames does not guarantee the safety, legality, etc. of third-party websites that can be accessed via links from the Services, or of products and services provided by third parties in relation to the use of the Services. Cygames is not responsible for any problems, promises, guarantees, etc. between the Customer and advertisers of advertisements placed on the Services, or for any losses or damage incurred by the Customer as a result.
5. Cygames shall not bear responsibility for damage incurred as a result of the Customer applying alterations, modifications, technical characteristics, etc. to the hardware or software of any devices and then not being able to properly use the Services. In addition, Cygames shall not take any action in this situation, such as restoring the Customer’s use of the Services.
6. Cygames does not guarantee the permanence of the information that the Customer has registered for the Services and shall not bear responsibility for any damage incurred by the Customer due to the Customer personally losing or forgetting registered information. In addition, Cygames shall bear no obligation to take any action in this situation, such as restoring the Customer’s use of the Services. The same shall also apply in the event that the Customer loses any registered information due to unauthorized use, loss, theft, failure, or any other reason in regard to the device used for the Services.
7. Cygames shall bear no obligation to respond to or take any action in response to any inquiries, ideas for improvement, or other suggestions or feedback from the Customer pertaining to the Services, etc. Any such response or action shall be at Cygames’ own discretion.
8. Cygames shall bear no obligation to repair bugs etc. in the Services or to reform or improve the Services.
9. The Customer shall use the Services at the Customer’s own risk and discretion. Cygames’ services and the Content are provided “as is” and without any guarantee as to the accuracy, completeness, correctness, validity, applicability, utility, or availability of the Services, either express or implied. Cygames does not guarantee the availability or accessibility of the Services at any time or place chosen by the Customer, or compatibility of the Services with the Customer’s intended use or the device used by the Customer (including devices recommended or presented as recommended devices or recommended user environments within the Services).
10. Cygames does not guarantee that the registered information etc. from the Customer’s previous device will be transferred to the new device when the Customer replaces the device used to access the Services with a new device due to repair or model change, etc., except in cases where Cygames specifically specifies otherwise. The same shall also apply in the event the Customer has deleted the app or Account information from their device, and to the transfer of registered information etc. when using the Services again.
11. No communication of any kind between the Customer and Cygames constitutes a waiver of any limitations of liability hereunder or creates any additional warranty not expressly stated in this Agreement.
12. The contents stipulated in this article shall be effective to the maximum extent permitted by applicable law.

Article 13: Termination

1. If the Customer withdraws from the Services, all outstanding obligations owed by the Customer to Cygames at that time shall be fulfilled immediately by the Customer.
2. The Customer agrees that the Customer will lose any Content remaining at the time the Customer withdraws from the Services, such as Game Currency and Game Items, at the time of such withdrawal.
3. If Cygames terminates the Customer’s access to the Services and use of the Customer’s Account, Cygames will have no liability to the Customer for any time spent by the Customer or for any Game Currency or Game Items acquired by the Customer.
4. Cygames shall bear no obligation to retain any information (e.g., personal information) of a Customer who has withdrawn from the Services.
5. The provisions of the preceding four paragraphs shall also apply in the case that Cygames has taken measures to delete the Customer’s account as specified in Article 11(2), item (4).

Article 14: Indemnity

The Customer agrees to reimburse Cygames for all damages resulting from the violation of this Agreement. The Customer releases Cygames from any third-party claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) that third parties may incur as a result of or arising from the Customer’s violation of (i) this Agreement; (ii) any law or regulation; or (iii) a third party’s proprietary or intellectual property right.

Article 15: Prohibition on the Transfer of Rights and Obligations

You shall not resell or assign your rights, duties, or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Cygames, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns, and/or licensees. Without limiting the foregoing, we may sell, transfer, or otherwise share some or all of our assets with any parent company, subsidiary, joint venture, and any company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy.

Article 16: Validity of This Agreement

1. If any part of this Agreement or the Individual Service Agreement is or becomes invalid or unenforceable, the rest of this Agreement and the Individual Service Agreement shall continue to apply and be binding, and any invalid or unenforceable term will be substituted with a valid and enforceable term that reflects Cygames’ intent as closely as possible.
2. This Agreement and the Individual Service Agreement comprise the entire agreement between parties relating to the subject matter, and (except in the case of fraud or a fraudulent misrepresentation) supersedes all prior understandings of the parties relating to the subject matter of this Agreement and/or the Individual Service Agreement, whether those prior understandings were electronic, oral, or written, or whether established by custom, practice, policy, or precedent, between the parties.

Article 17: Force Majeure

Cygames is not and shall not be liable for any failure to perform its obligations hereunder due to external, unforeseeable, and irresistible circumstances, such as changes or problems caused by natural disasters, war, terrorism, riots, cyber attack, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures (including network infrastructure failures related to the platform on which the Services are provided), strikes, pandemics (including government requests relating to a pandemic), or shortages of transportation facilities, fuel, energy, labor, or materials.

Article 19: No Waiver

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Cygames does not exercise or enforce any legal right or remedy which is contained in this Agreement or the Individual Service Agreement (or which Cygames has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Cygames’ rights, and all such rights or remedies shall still be available to Cygames. Any waiver must be in writing and signed by both parties to be legally binding.

Article 20: Consumer’s Rights