This English text is a reference translation (machine-assisted). The Japanese version is the official text and prevails in case of any discrepancy.
"Keeper's Isle" Terms of Service
野田晶裕 (the "Operator") sets out in these Terms of Service (the "Terms") the conditions for using the smartphone game "Keeper's Isle" and the related services provided by the Operator (the "Service").
Article 1 (Application and Consent)
- 1. These Terms apply to every relationship between the Operator and every person who uses the Service (a "User") in connection with the use of the Service.
- 2. When a User first uses the Service (before connecting to the Operator's server), a screen is displayed on which the User reviews these Terms and the Privacy Policy and presses [Agree and start]. By doing so the User agrees to these Terms. A person who does not agree may not use the Service.
- 3. Rules, help texts and notices that the Operator posts within the Service or on the Operator's website ("Individual Rules") form part of these Terms. If these Terms and the Individual Rules conflict, these Terms prevail unless the Individual Rules expressly provide otherwise.
- 4. Use of the Service is also subject to the terms of the App Store or Google Play (the "Store").
- 5. The Operator records the version of these Terms the User agreed to and the date and time of that agreement. If these Terms are amended under Article 20 and the Operator asks for renewed consent, the User may be unable to purchase paid items or use other functions designated by the Operator until the User agrees to the amended Terms on the screen within the Service.
Article 2 (Definitions)
The terms used in these Terms have the following meanings.
- 1. "Account": the identification information created for each User on the Operator's server in order to use the Service (anonymous user ID, friend code, display name, etc.) and the data linked to it.
- 2. "In-game items": equipment, characters, appearances (cosmetics), titles, consumables, in-game currency and other data usable within the Service.
- 3. "In-game currency": gold, lantern stones, spirit cores, mist crystals and other numerical data usable within the Service to obtain or enhance in-game items.
- 4. "Mist crystals": the in-game currency used for trading at the Market and elsewhere. Mist crystals are granted only free of charge through play; the Operator does not sell mist crystals for money.
- 5. "Paid items": in-game items (including period products) that a User obtains by paying consideration through the Store's payment system.
- 6. "Period products": paid items whose contents are usable only for a limited period, such as a season pass or monthly pass.
- 7. "Market": the mechanism within the Service by which a User transfers tradable equipment to another User in exchange for mist crystals.
- 8. "Direct exchange": the mechanism within the Service by which Users who satisfy certain conditions transfer tradable equipment to each other.
- 9. "Play data": records of the User's inputs (input logs), battle results, ranking records and other data generated by use of the Service.
- 10. "Paid draw": a mechanism by which a User pays consideration and the Operator grants in-game items according to the displayed odds (the "Fragment Lantern" and any other mechanism designated by the Operator).
- 11. "Lantern Proof": the number of paid draws a User has made with a given character selected, as recorded by the Operator per character for the paid draw.
- 12. "Rising Tide": a paid item or other in-game item (including one granted free of charge, for example as an advertising reward) that is recorded on the User's Account as remaining time and, during that time, increases the experience points and gold earned in adventures.
Article 3 (Environment; Online Only)
- 1. The Service can be used only while connected to the Internet. If the connection is lost, part of the game may stop or the confirmation of results may be delayed.
- 2. Communication charges and other costs required to use the Service are borne by the User.
- 3. The Operator does not guarantee that the Service operates on any particular device, OS or network environment. The recommended environment is published on [the Store product page / help].
Article 4 (Accounts)
- 1. A User uses the Service by agreeing to these Terms and creating an Account in the manner designated by the Operator.
- 2. A User manages their own Account at their own responsibility and must not let a third party use it, or lend, transfer, sell or share it.
- 3. A User must not create or use multiple Accounts for improper purposes (evading trading restrictions, manipulating ranking positions, moving mist crystals or equipment between Accounts, etc.).
- 4. If a User can no longer carry over their Account because of loss of the device, a device change, deletion of the app or similar, the Operator may be unable to restore the data unless the User had set up the carry-over method designated by the Operator in advance.
- 5. A User may delete their Account at any time from the [Settings] screen within the Service, or from the Operator's web deletion page (URL: [ ]; identity is verified with the Google or Apple account linked in the Service). If no account is linked, please delete from the [Settings] screen within the Service (if the device is not at hand, deletion can be requested through the contact point in Article 21). A deleted Account and the in-game items linked to it (including paid items) cannot be restored, and the Operator makes no refund for them. Paid items purchased on a deleted Account cannot be re-attached to another Account even by restoring Store purchases. This does not apply where a refund is required by law.
- 6. The Operator may delete, in the same manner as in the preceding paragraph, an Account not linked to a Google or Apple account that has not been used (logged in) for one year from the last use (one year and 30 days for an Account that has ever purchased a paid item). The latter part of the preceding paragraph (restoration and refunds) applies in that case as well. Accordingly, once an unlinked Account has been unused for one year (one year and 30 days if a paid item was ever purchased), paid items cannot be restored by restoring Store purchases after reinstalling the app or changing devices. The handling of ranking records for the current period, trading records and purchase records when an Account is deleted (including deletion under this paragraph) is as set out in Section 9 of the Privacy Policy.
Article 5 (Declaration of Age; Use by Minors)
- 1. When first using the Service (before connecting to the Operator's server), the User must correctly enter their year and month of birth in the manner designated by the Operator. The Operator determines an age category (13 to under 16 / 16 to under 18 / 18 and over) from the entered year and month of birth and automatically updates the category as the User ages. The entered year and month of birth cannot be changed except through the procedure designated by the Operator (the contact point in Article 21). Paid items cannot be purchased unless the year and month of birth have been entered and these Terms have been agreed to.
- 2. Persons under 13 years of age may not use the Service.
- 3. Users under 18 must use the Service and purchase paid items (including paid draws) with the consent of their legal representative (parent or guardian).
- 4. For Users under 18, the Operator sets a monthly (calendar month, Japan time) limit on purchases of paid items (including paid draws) according to age category (13 to under 16: 5,000 JPY per month / 16 to under 18: 20,000 JPY per month) and prevents purchases exceeding the limit.
- 5. If a minor purchases paid items by deceit, such as falsely claiming to be an adult or falsely claiming to have the consent of a legal representative, the purchase may not be rescindable.
Article 6 (Purchase of Paid Items)
- 1. A User may purchase paid items at the price (tax included) set by the Operator, using the Store's payment methods. Prices, contents, periods and quantity limits are displayed on the screen before purchase.
- 2. A contract for the purchase of a paid item is formed when payment at the Store is completed, the Operator's server confirms the purchase and the paid item is granted to the User's Account; the Operator's performance is completed upon granting.
- 3. Because of their nature, paid items cannot be returned, exchanged, cancelled or refunded after purchase. This does not apply where required by law or where the Store issues a refund under the Store's terms.
- 4. If the Store issues a refund, the Operator may revoke from the Account the paid item that was refunded (and, among the in-game items obtained using it, those designated by the Operator). Such revocation may cause an in-game currency balance to become negative.
- 5. Restoration of paid items on a device change or reinstallation is carried out by the method designated by the Operator ([restoring Store purchases / Account carry-over]). However, paid items purchased on a deleted Account (including one deleted under Article 4, paragraph 6) cannot be restored even by this method (Article 4, paragraph 5).
- 6. The Operator does not sell or grant mist crystals through paid items.
- 7. Before a purchase, the Operator displays the amount purchased in that month (calendar month, Japan time). A User may set their own monthly purchase limit, and purchases exceeding the set limit cannot be made. In addition, before the first purchase in a month that would take that month's purchases over an amount set by the Operator (10,000 JPY, 30,000 JPY and 50,000 JPY), a confirmation screen is displayed.
- 8. The Operator does not accept, at the pre-purchase confirmation, purchases exceeding the limits in the preceding paragraph or in Article 5, paragraph 4, purchases of a monthly pass during the period described in Article 7, paragraph 5, or purchases of Rising Tide exceeding the limit in Article 7-2, paragraph 3. If payment for such a purchase is nevertheless made after the confirmation, the Operator does not grant the paid item and handles it so that it is refunded under the Store's procedures (the Store purchase is not completed).
Article 6-2 (Paid Draws)
- 1. The price of a paid draw, the types and quantities of in-game items granted and their respective odds (where they vary by the User's situation, the conditions and the current values), and the contents of the grant made upon reaching a set number of draws (the "pity") are displayed on the draw screen and on the Operator's website. The Operator performs the draw on its server in accordance with the displayed odds.
- 2. In the Fragment Lantern, each draw grants fragments of the character selected by the User or of one of the other characters the User owns (one chosen uniformly). Other characters that have reached the final stage are included; fragments granted to them become that character's surplus.
- 3. The pity is determined by the Lantern Proof of each selected character. Lantern Proof cannot be combined or moved between characters, cannot be exchanged for other in-game items, refunded or converted to money, and has no property value. Draws made with free draw tickets are not counted toward Lantern Proof.
- 4. Fragments granted beyond the final stage (surplus) cannot be converted into other in-game items, except that mementos are granted according to the numbers set by the Operator.
- 5. In-game items granted by a paid draw (including fragments, mementos and draw tickets) cannot be traded or transferred.
- 6. If the Operator changes the odds, the pity or other contents of a draw, it gives notice within the Service and on the Operator's website at least [7] days before the change. As a rule, the Operator does not make changes unfavorable to Users (lowering the odds of higher amounts, raising the pity count, or lowering the selected character's probability). The Operator also gives notice when the addition of characters lowers the per-character probability for other characters.
- 7. A paid draw is performed and granted on the Operator's server immediately after payment is confirmed. It cannot be cancelled or returned after purchase (Article 6, paragraph 3).
- 8. If the Store issues a refund, the Operator revokes the fragments granted by the draw of that purchase (including fragments granted to other characters and the pity grant) and the Lantern Proof. Such revocation may lower a character's stage and remove titles and mementos linked to stages or surplus.
- 9. The Operator keeps records of draws, and a User can review their own draw results for the last [90] days within the Service.
Article 7 (Period Products)
- 1. The usage period of a period product runs from the start date and time to the end date and time (Japan time) displayed on the purchase screen. Period products do not renew automatically.
- 2. The price is the same even if purchased part-way through the period. At the end of the period, rewards that have been reached but not yet claimed are granted automatically as the Operator determines. Rewards not reached are not granted.
- 3. A period product for a period cannot be purchased after that period has ended.
- 4. The policy on re-selling period-limited appearances and the like is displayed on the purchase screen (for example: "Not re-sold for one year after the end of the period. It may reappear afterwards in a different color.").
- 5. A monthly pass grants the in-game items displayed on the purchase screen to the gift box every day for 30 days from the date of purchase. Items not claimed during the period can be claimed [until [ ] days after the end of the period]. A monthly pass cannot be purchased again while one is active (it can be purchased after the period ends).
- 6. A User who purchases a supporter pack may, if they wish, have their display name listed on the town monument. The Operator may decline to list, or may remove, a display name that falls under Article 12, paragraph 2. A User may request removal through the contact point in Article 21.
Article 7-2 (Rising Tide)
- 1. Rising Tide (1 hour) is a paid item that adds 60 minutes of remaining time to the User's Account per unit. While Rising Tide is switched on and remaining time is left, when the User finishes an adventure and the Operator's server confirms the result, the experience points earned from defeated enemies and the gold picked up in the adventure are tripled. It does not apply to quest and daily/weekly rewards, rankings, special rewards such as those for defeating a boss for the first time, or other things designated by the Operator. The experience multiplier, combined with other bonuses, is capped at five times. What it applies to and what it does not are shown on the purchase screen and in the Service.
- 2. Remaining time decreases only by the time spent in adventures as confirmed by the Operator's server. It does not decrease while in towns or the field, during ranking challenges, and the like. The User can switch Rising Tide on or off at any time in the Service. Rising Tide has no expiry date.
- 3. The remaining time that can be held is up to 50 hours. Purchases exceeding this cannot be made (Article 6, paragraph 8).
- 4. In co-op play, Rising Tide applies only to the results of the User who has it switched on.
- 5. Rising Tide cannot be cancelled or returned after purchase (Article 6, paragraph 3). If the Store issues a refund, the Operator deducts the 60 minutes of the refunded purchase from the remaining time. If less than 60 minutes remain, the remaining time becomes 0 minutes.
- 6. The handling of remaining time upon termination of the Service is as set out in Article 17, paragraph 4.
- 7. Paragraphs 1, 2, 4 and 6 also apply to remaining time of Rising Tide granted free of charge, for example as an advertising reward.
Article 8 (Nature of In-game Items and In-game Currency)
- 1. Rights relating to in-game items and in-game currency (including paid items) are non-transferable licenses to use them within the Service in accordance with these Terms and do not grant Users ownership or any other property right.
- 2. In-game items and in-game currency cannot be exchanged for cash, goods or any other economic benefit, and the Operator does not buy them back.
- 3. Mist crystals are in-game currency granted only free of charge. The Operator does not sell mist crystals for money and does not refund them. There are limits on the amount obtainable per day and the amount that can be held.
- 4. The Operator may change the specifications of in-game items, including performance, means of acquisition, prices (including prices in mist crystals) and appearance rates (excluding the odds of paid draws, which are governed by Article 6-2), for fairness of the game or operational needs.
- 5. For anything for which the Operator displays a rate within the Service (including paid draws), the Operator performs the draw in accordance with the displayed rate.
Article 9 (Trading: Market and Direct Exchange)
- 1. A User may use the Market and direct exchange upon satisfying the conditions set by the Operator (level, play time, days since Account creation, etc.).
- 2. Only equipment that the Operator displays as "tradable" can be traded. Paid items, ad rewards, ranking rewards and other items designated by the Operator cannot be traded. Equipment received through trading cannot be traded again.
- 3. Use of the Market is subject to a fee (in mist crystals) set by the Operator. Listing fees are not returned even if the listing is cancelled.
- 4. To prevent fraud and protect Users, the Operator may set and change upper and lower price limits, daily count limits, holding periods before proceeds can be collected and other restrictions on trading.
- 5. Trades take place between Users, but the formation and processing of trades is carried out by the Operator's server. The Operator may, without prior notice, hold the formation of a trade, cancel a trade, recover (confiscate) equipment or mist crystals, or suspend collection in the following cases:
- 1. where the Operator reasonably determines that there is, or is suspected to be, conduct falling under Article 14 (Prohibited Conduct);
- 2. where equipment or mist crystals generated or obtained through a defect or improper means are involved;
- 3. where otherwise necessary for the fair operation of the Service.
- 6. If equipment is recovered under the preceding paragraph and there is a User who obtained that equipment through the Market or direct exchange without knowledge of, and without involvement in, the wrongdoing, the Operator may, as a remedial measure at its discretion, take steps such as granting mist crystals equal to the amount paid in that trade. This measure does not recognize any property value in in-game items or in-game currency.
- 7. Disputes arising between Users in connection with trading are to be resolved between the Users. This does not apply where the dispute is caused by the Operator's willful misconduct or negligence.
- 8. Where the Operator holds a trade, it decides, as a rule within [14] days, whether to release the hold, cancel the trade or recover the items.
Article 10 (Rankings and Publication of Play Data)
- 1. By participating in a ranking, a User agrees that the following information is displayed to other Users: display name, titles and appearance, records (floor reached, time, etc.), the character and equipment used, and the movement reproduced from the input log (ghost).
- 2. To verify the validity of records, the Operator may store play data (including input logs) and replay it for verification.
- 3. The Operator may, without prior notice, hide or delete records suspected of wrongdoing or whose verification results do not match, and revoke rewards.
- 4. Ranking rewards cannot be traded and some cannot be obtained again.
Article 11 (Co-op Play)
- 1. In co-op play, because you play the same dungeon with other Users, your display name, appearance, character movements, stamps and preset phrases are displayed to the participants.
- 2. Equipment obtained in co-op play cannot be traded for a period set by the Operator, for fraud verification. If participants' reports conflict, the Operator may place the equipment on trading hold and may revoke it depending on the verification result.
- 3. If co-op play ends part-way through due to disconnection or the like, the handling of the results up to that point is as determined by the Operator.
Article 12 (Display Names and Friends)
- 1. A User may set a display name within the character count and character types set by the Operator.
- 2. The following display names may not be used: those infringing others' rights; those that are defamatory, discriminatory or obscene; those impersonating the Operator or an official; advertising, promotion or RMT solicitation; and others the Operator deems inappropriate.
- 3. The Operator may change a display name falling under the preceding paragraph (for example, reset it to the default) without prior notice.
- 4. Friend requests, exchange offers and co-op invitations can be made within the scope and number of times set by the Operator.
- 5. The Operator provides functions for other Users to report, and to hide (block), display names, name cards and other content set by Users, and reviews reported content.
Article 13 (Advertising)
- 1. Third-party advertisements (such as video ads) are displayed in the Service. Some advertisements grant a reward for viewing (rewarded ads).
- 2. The content of advertisements is the responsibility of the advertiser. Use of external services linked from advertisements is subject to the terms of those services.
- 3. Ad rewards cannot be traded. If viewing of an ad cannot be confirmed, no reward is granted.
- 4. Even if "Remove ads" is purchased, ads that are viewed voluntarily to obtain rewards remain (this is displayed on the purchase screen).
Article 14 (Prohibited Conduct)
Users must not engage in the following conduct when using the Service.
- 1. Exchanging in-game items, in-game currency (including mist crystals) or Accounts for cash, crypto-assets, gift cards, items of other games or services or any other economic benefit, or offering, soliciting or brokering such exchange (so-called RMT), and using the Market or direct exchange for that purpose. This includes conduct outside the Service (websites, social media, auction or flea-market services, etc.). Receiving in-game items or the like while knowing they were obtained through RMT is treated the same way.
- 2. Selling, transferring, lending or sharing an Account, having another person play on your behalf or playing on another person's behalf (boosting), or offering or soliciting any of these.
- 2-2. Entering false information for the year and month of birth or other declared items (including a person under 13 using the Service by misrepresenting their age).
- 3. Tampering with, analyzing or copying the Service's programs, communications or data; using cheat tools, modified apps or automation programs (bots, macros); and creating, distributing or selling any of these.
- 4. Deliberately exploiting defects or specification errors, and spreading them to other Users. If you find a defect, please report it to the Operator.
- 5. Creating or using multiple Accounts for improper purposes, or moving in-game items or mist crystals between multiple Accounts operated by the same person.
- 6. Falsifying results or deliberately obstructing other participants in co-op play.
- 7. Producing ranking records by improper means, and repeatedly making unfounded reports.
- 8. Infringing the rights (copyright, trademark, privacy, etc.) of other Users, third parties or the Operator; defamation, discrimination, threats or harassment.
- 9. Impersonating the Operator, its staff or other Users.
- 10. Placing excessive load on the Service's servers or network, or interfering with the operation of the Service.
- 11. Conduct contrary to laws or public order and morals, or conduct connected to criminal acts.
- 12. Any other conduct the Operator reasonably deems inappropriate for the fair operation of the Service.
Article 15 (Measures upon Violation)
- 1. If the Operator reasonably determines that a User has violated, or is suspected of violating, the preceding Article, the Operator may take some or all of the following measures according to the nature and degree of the violation:
- 1. warning;
- 2. hiding or deleting ranking records and revoking rewards;
- 3. holding or cancelling trades, and suspending use of the Market and direct exchange;
- 4. recovering (confiscating) improperly obtained in-game items or in-game currency, and setting an in-game currency balance to a negative value;
- 5. temporary suspension of the Account;
- 6. permanent suspension or deletion of the Account.
- 2. The Operator may withhold the reasons for a measure under the preceding paragraph where, for example, disclosure could spread methods of wrongdoing.
- 2-2. When the Operator takes a measure under paragraph 1 (other than item 1), it promptly notifies the User of the measure and the method of objecting, through in-Service notices, the gift box or other means.
- 3. A User subject to a measure under paragraph 1 may object through the contact point in Article 21. The Operator reviews the objection and, if it determines the measure was in error, takes the response it considers appropriate, such as revoking the measure and returning recovered in-game items.
- 4. If a measure under paragraph 1 (including items 5 and 6) is taken, the Operator does not refund paid items purchased by the User. This does not apply where the measure was in error or where a refund is required by law.
- 5. If the Operator suffers damage as a result of a violation, it may claim compensation from the User.
Article 16 (Use of Information for Fraud Prevention)
The User agrees that the Operator collects, analyzes and stores device identifiers, network (connection source) information, play data and trading records, in accordance with the Privacy Policy, in order to prevent, detect and investigate fraud (RMT, multiple Accounts, cheating, bots, etc.).
Article 17 (Changes, Interruption and Termination of the Service)
- 1. The Operator may change the contents of the Service and add or remove functions.
- 2. The Operator may temporarily interrupt all or part of the Service without prior notice in the following cases: system maintenance, inspection or failure; natural disaster, power outage or communication failure; outage of the cloud services used; or other unavoidable circumstances.
- 3. The Operator may terminate all or part of the Service by giving notice within the Service or on the Operator's website at least [30] days in advance.
- 4. Upon termination of the Service, Users' rights relating to in-game items and in-game currency (including paid items, the remaining period of period products, the remaining time of Rising Tide and unused consumables) lapse, and the Operator makes no refund. Where a refund is required by law, the Operator refunds in accordance with the law.
- 5. After giving notice of termination, the Operator stops selling paid items.
Article 18 (Intellectual Property)
Copyright, trademark and all other intellectual property rights in the Service belong to the Operator or the rightful holders. Users must not reproduce, modify or distribute them except to the extent permitted by the Operator ([streaming and screenshot guidelines]).
Article 19 (Disclaimer and Limitation of Liability)
- 1. The Operator does not warrant that the Service is free from factual or legal defects (including as to safety, accuracy, fitness for a particular purpose and absence of bugs). This does not apply in cases of the Operator's willful misconduct or gross negligence.
- 2. If a User suffers damage due to the Operator's breach of contract or tort, the Operator compensates the ordinary damage actually incurred by the User. However, only where the Operator is not guilty of willful misconduct or gross negligence (ordinary negligence), the compensation is limited to the total amount the User paid the Operator for paid items in the [6] months immediately preceding the month in which the damage occurred.
- 3. The Operator is not liable for disputes arising between Users or between a User and a third party, except where caused by the Operator's willful misconduct or negligence.
- 4. The Operator is not liable for disadvantages to Users caused by fluctuations in in-game values (ranking positions, Market prices, etc.), except where caused by the Operator's willful misconduct or negligence.
Article 20 (Amendment of these Terms)
- 1. The Operator may amend these Terms in the following cases (Civil Code Article 548-4):
- 1. where the amendment is in the general interest of Users;
- 2. where the amendment does not contradict the purpose of these Terms and is reasonable in light of the necessity of the amendment, the appropriateness of the amended contents and other circumstances of the amendment.
- 2. When amending these Terms, the Operator announces the fact of the amendment, the amended contents and the effective date within the Service or on the Operator's website at least [14] days before the effective date. For amendments unfavorable to Users, the Operator endeavors to announce them at least [30] days in advance.
- 3. For important amendments, the Operator may present the amended Terms at startup of the Service and ask for renewed consent (Article 1, paragraph 5).
Article 21 (Notices and Contact)
- 1. Notices from the Operator to Users are given through in-Service notices, the inbox, posting on the Operator's website or other means the Operator considers appropriate.
- 2. Contact from Users to the Operator is by e-mail to the contact point (e-mail: tomorinoshima.game@outlook.com). When you contact us, we will ask for information needed to verify your identity, such as your user ID.
Article 22 (Assignment of Rights and Obligations)
- 1. A User may not assign their position, rights or obligations under these Terms to a third party or offer them as security.
- 2. If the Operator transfers the business relating to the Service to a third party, it may transfer its position, rights and obligations under these Terms and Users' information to the transferee in accordance with the Privacy Policy.
Article 23 (Governing Law and Jurisdiction)
- 1. These Terms are governed by and construed in accordance with the laws of Japan.
- 2. The [Tokyo District Court] has exclusive jurisdiction in the first instance over any dispute between the Operator and a User relating to the Service.
Article 24 (Severability)
If any provision of these Terms or part of it is held invalid or unenforceable under the Consumer Contract Act or other laws, the remaining provisions and the remaining parts of that provision continue in full force and effect.
Language
These Terms are written in Japanese. Translations into other languages are provided for reference only; in case of any discrepancy, the Japanese text prevails.
Supplementary provisions
- Established and effective on [date]