These terms of use of EGGRYPTO (hereinafter “Terms”) provide the matters that the players of the Game (defined in Article 2) provided by Kyuzan Inc. (hereinafter “Company” or “we”) must observe, and the rights and obligations of the Company and the players of the Game. Please make sure to read the full text of the Terms before you agree to the Terms and play the Game.

Article 1 Application

1. The Terms are intended to stipulate the relationship between the Player (defined in Article 2) and the Company in terms of the rights and obligations related to the use of the Game (defined in Article 2), which apply to any relationship between the Player and the Company in relation to the use of the Game.

2. The rules and regulations concerning the Game that we put on the Application (defined in Article 2) as necessary shall constitute part of the Terms.

Article 2 Definitions

For the purpose of the Terms, the terms used herein shall have the meanings defined below.

(1) “Wallet” means the account specified by the Company and managed by the Player, which is used to manage their On Chain Monsters.

(2) “External services” means social networking sites such as Facebook, services related to Wallet, and other services provided by other providers, which are used for the implementation of the Game.

(3) “External providers” means the provider of external services.

(4) “External terms of use” means the terms that provide the relationships of rights between the Player and external providers.

(5) “Intellectual property rights” means the copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the rights to acquire them or to apply for registration thereof).

(6) “Applicant” means the applicant for registration as defined in Article 3.

(7) “Registration information” means the registration information as defined in Article 3.

(8) “Player” means an individual who is registered as a user of the Game in accordance with Article 3.

(9) “Application” means the application of the Game provided under the name of “EGGRYPTO” (including the application after the change of the name or content of the application for whatever reason).

(10) “Game” means the blockchain game named “EGGRYPTO” that we provide (including the Game after its name or content has been changed for whatever reason).

(11) “Off Chain Monsters” means monsters other than on chain monsters and the data that the Player uses for the Game.

(12) “On Chain Monsters” means monsters and the data that the Player uses for the Game and owns as the data recorded in the Wallet.

(13) “Items” means the items that the Player acquires for a fee or free of charge in the Game to be used in the Game, including Gold and Gems, but not including Off Chain Monsters or On Chain Monsters.

(14) “Usage Contract” means the usage contract defined in Section 4 of Article 3.

Article 3 Registration

1. A person who desires to use the Game (hereinafter “Applicant”) may apply to us for registration for use of the Game by agreeing to comply with the Terms and submitting certain information we specify (hereinafter “registration information”) to us in the manner we prescribe.

2. The person who uses the Game must apply for registration by himself/herself, and application for registration by proxy is not accepted in principle. Moreover, the Applicant must provide the true, correct, and latest information to us in applying for registration.

3. We may reject the application for registration based on Section 1 if the Applicant falls under any of the following.

(1) If we judge that the Applicant may violate the Terms.

(2) If there is false or erroneous information or omission in the whole or part of the registration information submitted to us.

(3) If the Applicant’s registration for use of the Game has been cancelled in the past.

(4) If we have judged that the Applicant has violated or may violate the “EGGRYPTO Presale Terms” or “EGGRYPTO Marketplace Terms.”

(5) If the Applicant is a minor, an adult ward, a person under conservatorship, or a person under limited guardianship, and the consent of their legal representative, guardian, conservator, or assistant is not obtained.

(6) If the Applicant is a member of antisocial forces, etc. (an organized crime group, a member of an organized crime group, a right-wing organization, antisocial forces, and any other person equivalent to the above; the same shall apply hereafter), or if we judge that the Applicant has a relationship with or is involved with antisocial forces, etc. by cooperating or being involved with the maintenance, operation, or management of antisocial forces, etc. through the provision of funds to antisocial forces, etc. or any other such act.

(7) Any other case where we consider it inappropriate to register the Applicant.

4. We shall determine whether or not the Applicant may be registered based on the preceding section and our other standards, and we shall inform the Applicant if we accept their registration. The registration of the Applicant as a Player is completed with the notification, and the contract of use of the Game in accordance with the rules of the Terms (hereinafter “Usage Contract”) is concluded between the Player and the Company.

5. If there is any change in the registration information, the Player shall inform us of the change in the manner we prescribe and submit the materials we require without delay. We bear no responsibility if any damages are caused to the Player due to false or erroneous information or omission in the registration information.

Article 4 Use of the Game

The Player may use the Game during the period of the Usage Contract in accordance with the Terms and the method we prescribe.

Article 5 On Chain Monsters

1. The Player can obtain On Chain Monsters in the Game and keep them in their Wallet.

2. There are cases where the Player can transfer the On Chain Monsters to other players in accordance with the method we specify. However, we have no obligation for the development or operation of the platform for the transfer of On Chain Monsters among players, and we do not guarantee the completion of the platform. Moreover, we do not assume any responsibility if such platform is not developed or operated.

3. On Chain Monsters are provided “as is” and “as available,” and we provide no guarantee whatsoever as to the fitness for a particular purpose, commercial utility, integrity, or continuity of the On Chain Monsters.

4. We do not guarantee that On Chain Monsters themselves or that their possession and transfer will be free from virus attacks or other attacks by malicious third parties.

5. We shall have the right to issue additional On Chain Monsters at our own discretion, and we do not take any responsibility for any damages that may be caused to the Player in connection with such issuance.

6. It may take a certain amount of time when we assign On Chain Monsters to the Player, and we do not guarantee that the assignment will be performed in a timely manner. We take no responsibility for damages caused to the Player due to any delay in the assignment.

Article 6 Management of Account Information

1. The Player shall manage and store the Player ID and password for the Game (hereinafter “account information”), the information related to Wallet, and the secret key to access the information (hereinafter “Wallet information”) at their own responsibility, and the Player shall not allow any third party to use the above information nor lend, transfer, change the name of, or buy or sell the same.

The2.  Player shall take responsibility for damages due to poor management of account information or Wallet information (including but not limited to loss or forgetting of account information or Wallet information), errors in use, use by a third party, third-party attacks (including but not limited to malware, spyware, viruses, hacking, and cracking) on the computer, software, or other devices, or communication lines, or other elements of the communication environment managed by the Player, and we shall bear no responsibility.

3. If the Player finds that their account information or Wallet information has been stolen or lost or is being used by a third party, the Player shall immediately inform us of the matter and follow our instructions.

Article 7 Prohibited Acts

1. The Player shall not conduct any of the following acts when using the Game.

(1) Acts that infringe upon the intellectual property rights, portrait rights, privacy rights, honor, or other rights or interests of the Company, other players, external providers, or other third parties (including acts that directly or indirectly provoke such infringement).

(2) Acts that are related to criminal acts or are contrary to public order and morals.

(3) Transmission of obscene information or information that is harmful to youth.

(4) Transmission of information related to sexual relationships.

(5) Transmission of information that slanders other people.

(6) Transmission of personal information.

(7) Acts that advertise products or services unrelated to the Game.

(8) Acts that infringe upon laws and regulations or the internal rules of the Company or the industry group to which the Player belongs.

(9) Transmission of computer viruses or other data containing harmful computer programs.

(10) Falsification of information that may be used in relation to the Game.

(11) Transmission of data exceeding a given data capacity that we specify through the Game.

(12) Transferring to or receiving from a third party On Chain Monsters through a method other than the method we specify.

(13) Use of the Game impersonating another person or using the account of another person.

(14) Creation of multiple accounts.

(15) Use of programs whose use is not admitted to interact with the software of the Game or the Application.

(16) Decoding, decompilation, disassembly, or reverse engineering of the software used for the provision of the Game or the Application.

(17) Modification of the Game or the Application.

(18) Acts that may obstruct our operation of the Game.

(19) Any other acts that we consider inappropriate.

2. If we judge that the transmission of information by the Player in the Game falls under or may fall under any of the above items, we have the right to delete the whole or part of the information of the Player, suspend their use of the Game, or cancel the Usage Contract without prior notice to the Player. We take no responsibility for damages caused to the Player due to any measures we take based on this section.

Article 8 Suspension of the Game

1. We have the right to suspend or discontinue the use of the whole or part of the Game without prior notice to the Player in any of the following cases.

(1) If periodic or emergency inspection or maintenance of the computer systems related to the Game is conducted.

(2) If the computer or communication line, etc. is stopped due to an accident.

(3) If Game operation becomes unavailable due to force majeure events such as fire, power failure, or natural disasters.

(4) If there occur any problems, suspension or discontinuation of service, stoppage of Game connection, or specification change is caused to the external services.

(5) If there occur network problems related to the handling of On Chain Monsters, such as increases in the price of GAS or transaction jams.

(6) In any other case where we judge it necessary to suspend or discontinue the Game.

2. We may end the provision of the Game or change the specifications thereof due to circumstances on our side. In that case, we will give prior notice to the Player, except in the case of minor specification change.

3. We take no responsibility for damages caused to the Player due to any measures we take based on this article.

Article 9 Responsibility for Equipment

1. The Player shall prepare and maintain the equipment required to receive the provision of the Game—including smartphone, computer, software, or other devices, or communication lines, or other elements of the communication environment—at their own cost and responsibility.

2. Depending on the Player’s usage environment for the Game, the Player shall take security measures such as prevention of computer viruses, illegal access, and information leakage, at their own expense and responsibility.

3. Even if we keep the messages or other information sent and received by the Player for a certain period of time for operational purposes, we are not obliged to store the information, and we may delete it at any time. We take no responsibility for damages caused to the Player due to the deletion of information.

4. When the Player installs the software, etc. to their smartphone, etc. by downloading it from the Application or other method upon starting use of the Game or during the use of the Game, the Player shall pay enough attention to avoid elimination or modification of the information held by the Player or device breakage or damage. We take no responsibility for such damages caused to the Player.

Article 10 Ownership of Rights

1. The Company and our licensors have all ownership rights and intellectual property rights (including but not limited to the intellectual property rights for the images and videos of the embodied On Chain Monsters) related to the Application and the Game, and the licensing of the Game based on the registration specified herein does not mean the transfer or licensing of the intellectual property rights of the Company or our licensors in relation to the Application or the Game, except as specifically set forth herein. However, this may not apply when On Chain Monsters are assigned to the Player and the Player acquires the right to own the On Chain Monsters.

2. The texts, images, videos, or other data that the Player posts or otherwise transmits in the Application or the Game may be freely used (including any use such as duplication, copying, modification, sublicensing to a third party, etc.) at no cost, to the extent that it is needed for us to provide the Game.

Article 11 Handling of Information

The personal information that we acquire through the Player’s use of the Game shall be handled in accordance with the Privacy Policy that we specify separately. When the Player uses the Game, the Player shall agree that we handle the personal information in accordance with the Privacy Policy.

Article 12 Cancellation of Registration

1. If the Player falls under any of the following items, we have the right to temporarily suspend the Player’s use of the Game or to cancel their registration as a Player without prior notice or announcement.

(1) If the Player has violated any of the provisions of the Terms.

(2) If it is found that false facts are included in the registration information.

(3) If the Player has used or attempted to use the Game for the purpose of or in a manner that may possibly cause damages to us, other players, external providers, or any other third party.

(4) If any of the external providers suspends the provision of the service or linkage with the Game for the Player due to the Player’s violation of the external terms of use or other reasons.

(5) If the Player has obstructed the operation of the Game regardless of the means.

(6) If the Player becomes insolvent or unable to pay their debts, or a petition for commencement of proceedings for bankruptcy, civil rehabilitation, or similar proceedings is filed against the Player.

(7) If a bill or check issued or accepted by the Player is dishonored, or the Player receives a disposition to suspend transactions with a clearinghouse or similar disposition.

(8) If a petition is filed against the Player for attachment, provisional attachment, provisional disposition, judicial enforcement, or auction sale.

(9) If the Player has received a disposition for failure to pay taxes or public dues.

(10) If the Player has died or a ruling for commencement of conservatorship, limited guardianship, or assistance of the Player is made.

(11) If the Player does not use the Game for more than six (6) months and makes no response to our notification.

(12) If the Player falls under any of the items in Section 3 of Article 3.

(13) Any other case where we consider it inappropriate to continue the registration of the Player.

2. If the Player falls under any of the items in the preceding section, the Player naturally forfeits the benefit of time in relation to all debts to us and must pay all debts to us immediately.

3. Either the Player or the Company may cancel the registration by informing the other party in the manner we prescribe 15 days in advance.

4. If the registration of the Player is cancelled based on this article, or the provision of the Game is ended, or the use of the Game by the Player is otherwise ended, we shall have the right to delete the data of the items and Off Chain Monsters that the Player acquired in the Game, and to make the Player incapable of transferring On Chain Monsters to a third party even if the Player retains them.

5. We take no responsibility for damages caused to the Player due to any actions we take based on this article.

Article 13 Disclaimer

1. We disclaim all warranties with respect to the Game, On Chain Monsters, Off Chain Monsters, and items. The Game is provided “as is” and we do not guarantee the Game’s fitness for a particular purpose, integrity, continuity, etc.

2. We take no responsibility for damages caused to the Player due to errors in the data or other information input by the Player.

3. Even if the Player has obtained any information on the Game, the Application, and other players of the Game or other matters directly or indirectly from us, we do not assure the Player of anything beyond the contents specified herein.

4. Though the Game may be linked with external services, the linkage is not guaranteed and we take no responsibility if the linkage between the Game and the external services is unavailable.

5. When the Game is linked with external services, the Player shall comply with the external terms of use at their own expense and responsibility. We take no responsibility for any conflicts, etc. between the Player and the external providers that operate the external services.

6. The Player shall check whether their use of the Game violates the laws and regulations or internal rules of any industry groups applicable to the Player at their own expense and responsibility. We do not guarantee that the use of the Game by the Player is compliant with the laws and regulations or internal rules of such industry group.

7. The Player shall handle and settle any transactions, communication or conflicts, etc. between the Player and other players, external providers, or any other third party that occur in connection with the Game or the Application at the Player’s own responsibility, and we take no responsibility for such matters.

8. We shall not be liable for any damages caused to the Player due to the suspension, discontinuation, or termination of our provision of the Game; the unavailability of or changes to the Game; the deletion or loss of the Player’s messages or information; the cancellation of the Player’s registration; data loss or breakdown of or damage to devices due to use of the Game; third-party attacks (including but not limited to malware, spyware, viruses, hacking, and cracking) against the computer, software, or other devices, or communication lines, or other elements of the communication environment managed by us; or any other damages caused to the Player in relation to the Game.

9. We are not liable for any damages caused to the Player in relation to the Game. Even if we are liable for damages to the Player because of the application of the Consumer Contract Act or any other reason, our liability shall be limited to the total amount of the Game usage fee that we actually received from the Player during the period of three (3) months before the point of time when the reason for the damages arose.

10. Notwithstanding the other provisions, we will compensate for damages caused to the Player in relation to the Game if the damages are caused by a default or tort on our part arising from an intentional act or gross negligence on our part.

Article 14 Liability of Player

1. If the Player causes any damages to us by violating the Terms or in relation to the use of the Game, the Player must compensate us for the damages.

2. If the Player receives any complaints from any third party such as another player or external providers, or any conflict with a third party occurs in relation to the Game, the Player shall immediately inform us of the matter, handle the complaints or conflict at their own expense and responsibility, and report the progress and results to us upon our request.

3. If we receive any claim from any third party, such as another player or external providers, for infringement of rights or other reason in relation to the Player’s use of the Game, the Player must compensate us for the amount that we were forced to pay to the third party based on the claim.

Article 15 Confidentiality

1. For the purpose of the Terms, “confidential information” means any information on our technology, sales, business, financial affairs, organization, or other matters that we provide or disclose to the Player in writing, orally, or through recording media, or that the Player has learned in relation to the Usage Contract or the Game. However, confidential information shall exclude information (1) that was already publicly known or known to the Purchaser at the time of provision or disclosure from us, (2) that became publicly known through publications, etc. after the provision or disclosure from us or the learning of the information due to grounds not attributable to the Purchaser, (3) that the Purchaser legally obtained from a third party who is authorized to provide or disclose the information, without confidentiality obligation, (4) that was developed independently without referring to confidential information, or (5) that was confirmed in writing by us not to require confidentiality.

2. The Player shall use the confidential information only for the purpose of using the Game, and shall not provide, disclose, or leak our confidential information to any third party without our written consent.

3. Notwithstanding the provisions of Section 2 above, the Player may disclose confidential information when required by law or any order, request, or demand from a court or government agency. However, if the Player receives such order, request, or demand, the Player must promptly inform us of the matter.

4. If the Player copies a document or magnetic recording media, etc. containing confidential information, the Player shall obtain our prior written consent, and shall strictly manage the copy according to Section 2.

5. At any time when requested by us, the Player must return or dispose of the confidential information, the documents or other recording media containing confidential information, and all copies thereof according to our instructions without delay.

Article 16 Term of Validity

The Usage Contract shall take effect on the date when the registration of the Player is completed based on Article 3, and shall be effective between the Player and us until the registration of the Player is cancelled or the provision of the Game is terminated, whichever comes first.

Article 17 Changes to the Terms,etc.

1. We have the right to freely change the contents of the Game.

2. We may change the Terms (including the rules and regulations of the Game that are put on the Application; the same shall apply in this section). If we change the Terms, we will inform the Player of the changes, and the Player shall be deemed to have agreed to the changes of the Terms when the Player uses the Game after the change notification or when the Player does not perform the procedures to cancel the registration within the period we specify.

Article 18 Communication/Notification

Any communication or notifications from the Player to us, such as inquiries on the Game, and any communication or notifications from us to the Player, such as notifications on changes to the Terms, shall be given in the manner we prescribe.

Article 19 Transfer,etc. ofthe Terms

1. The Player may not transfer, assign, pledge as collateral, or otherwise dispose of their contractual status with regard to the Usage Contract or the rights or obligations based on the Terms to any third party without our prior written consent.

2. If we transfer the business related to the Game to a third party (regardless of the form such as business transfer or company split), we may transfer our contractual status with regard to the Usage Contract and the rights and obligations based on the Terms, as well as the registration information of the Player and other customer information to the transferee in association with the transfer, and the Player shall be deemed to have agreed to the transfer in advance based on this Section.

Article 20 Entire Agreement

The Terms constitute the entire agreement between the Player and us as to the matters contained herein, and shall supersede any prior agreements, representations, and understanding between both parties as to the matters contained herein, whether written or oral.

Article 21 Severability

If any provision or portion of any provision of the Terms is found invalid or unenforceable based on the Consumer Contract Act or other laws and regulations, the remaining provisions or portions thereof shall remain in full force and effect. The Player and the Company shall revise such invalid or unenforceable provisions or portions to the extent necessary to make them legitimate and enforceable, in order to ensure the meaning and legally and economically equivalent effect of the invalid or unenforceable provisions or portions.

Article 22 Survival

The provisions of Section 2 of Article 6, Section 2 of Article 7, Section 3 of Article 8, Article 9, Article 10, Sections 2, 4, and 5 of Article 12, Articles 13 to 15, and Articles 19 to 23 shall survive the termination of the Usage Contract. However, Article 15 shall survive for only five (5) years after the termination of the Usage Contract.

Article 23 Governing Lawsand Jurisdiction

The Terms shall be governed by the laws of Japan, and all disputes arising from or related to the Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.

Article 24 Consultation

Any matter not stipulated herein or any doubts arising with respect to the interpretation of the Terms shall be resolved promptly upon mutual consultation between the Player and us in accordance with the principle of good faith.

[Established on November 1, 2019]