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These terms and conditions govern your use of the “Desktop Mate” application (“the Application”) provided by infiniteloop Co., Ltd. (“the Company”). Please use the Application upon agreeing to these terms and conditions.


Acceptance of These Terms and Conditions

1. The user may use the Application upon agreeing to these terms of service.
2. When the user downloads the Application and completes the procedures for agreeing to these terms and conditions, a contract of use in accordance with the various provisions of these terms and conditions shall be established between the user and the Company.
3. If the user is a minor, please obtain the consent of a person with parental authority or other legal representative before using the Application.
4. If a minor user uses the Application by falsely claiming to have consent even though he/she does not have the consent of a legal representative, by falsely claiming to be of legal age, or by using other fraudulent means to cause belief that he/she is of legal capacity, all legal actions related to the Application cannot be revoked.
5. If a user who was a minor at the time of agreeing to these terms and conditions uses the Application after reaching the age of majority, said user will be deemed to have ratified all legal actions related to the Application.



Change to Terms and Conditions

1. The Company may revise these terms and conditions at any time without obtaining the user's consent, and the user agrees to accept such revisions without objection.
2. Whenever the Company revises these terms and conditions, the Company shall provide notification to the user regarding the Application by disclosing it on the website operated by the Company.
3. Revisions to these terms and conditions shall take effect from the time the Company provides notification in accordance with the preceding paragraph. Furthermore, in the event that the Application is used after the disclosure, or that 60 days have elapsed, such notification shall be deemed to have been received and accepted by the user.
4. The user will be deemed to have agreed to the modified terms and conditions without objection at the time he/she uses the Application after the modification of the terms of service.



Content Handling

1. Users may use the contents of the Application only within the scope specified by the Company.
2. This contract shall not be construed as a license to use or license any patents, utility model rights, design rights, trademark rights, copyrights, or other intellectual property rights owned by the Company to the user.
3. The user is prohibited from reproducing, transmitting, transferring (including sales between users), lending, translating, adapting, reprinting without permission, secondary use, commercial use, modifying, disassembling, decompiling, reverse engineering, etc. by any means beyond the scope of use specified by the Company.
4. Notwithstanding the preceding paragraph, if a user loses his/her user status, his/her qualification to use the provided content shall also cease to exist.


Paid Content

1. For some parts of the Application, the user may purchase paid content by paying a fee. The price of paid content, payment method, and other matters shall be determined separately by the Company and displayed in the Application, the platform providing the Application, or the Company's website.
2. The Company reserves the right to change the price of any free or paid content in the Application at the Company's discretion.
3. Paid content is licensed only to the user personally.


Prohibited Activities

The Company prohibits the following actions by the user in using the Application. If the Company deems that a user has violated any of the prohibitions, the Company may take any action it deems necessary.

1. Acts that infringe the intellectual property rights of the Company or any third party.
2. cts that defame the honor or credit of the Company or third parties, or acts that unfairly discriminate against or slander the Company or any third party.
3. Acts that infringe or may infringe the property of the Company or any third party.
4. Acts that cause economic damage to the Company or any third party.
5. Acts that threaten the Company or any third party.
6. Acts that use or induce computer viruses or harmful programs.
7. Acts that place excessive stress on the infrastructure facilities of the Application.
8. Attacks on the site’s servers, systems, or security.
9. Acts which attempt to access the Company’s services by any method other than the interface provided by the Company.
10. Any acts other than the above that the Company deems inappropriate.


Disclaimers

1. The Company shall not be liable for any damages whatsoever resulting from changes in the content of, or the suspension or termination of, the Application.
2. The Company is not involved in, and assumes no responsibility for, the user's environment for using the Application.
3. The Company makes no guarantee that the Application will be suitable for the user's specific purpose, that it will have the expected functionality, commercial value, accuracy, or usefulness, that the user's use of this application will conform to the laws and ordinances applicable to the user or the internal rules of any industry organization, or that it will be free from defects.
4. The Company makes no guarantee that the Application is compatible with all information terminals, and the user agrees in advance that malfunctions may occur in the operation of the Application as a result of OS upgrades, etc. of the information terminal used for the Application. The Company does not guarantee that any program modifications, etc. made by the Company in the event of such malfunctions will eliminate such malfunctions.
5. The user acknowledges in advance that the use of the Application may be restricted in whole or in part due to changes in the terms of service and operating policies of platforms such as Steam.
6. The Company shall not be liable for any damages incurred by users directly or indirectly as a result of their use of the Application.
7. The Company shall not be liable for any loss of opportunity, business interruption, or any other damages (including indirect damages and lost profits) incurred by the user or any third party, even if the Company has been notified of the possibility of such damages in advance.
8. The provisions of paragraphs 1 through to the preceding paragraph above shall not apply in the event of intentional or gross negligence on the part of the Company, or in the event that the contract is applicable to consumers under the Consumer Contract Act.
9. Even if the preceding paragraph is applied, the Company shall not be liable to compensate for any damage caused to users due to acts of negligence (excluding gross negligence) and arising from special circumstances. 
10. In the event that the Company is liable for damages in connection with the use of the Application, the Company shall only be liable for damages up to the amount received from the user.
11. The Company shall not be liable for any disputes or problems between the user and other users or any third party. In the event of a problem between the user and any other user, both parties shall be responsible for resolving the problem, and shall not make any claims against the Company.
12. In the event that the user causes damage to any other user or has a dispute with a third party in connection with the use of the Application, the user shall compensate for such damage or resolve such dispute at his/her own expense and responsibility, and shall not cause any nuisance or damage to the Company.
13. In the event that the Company receives a claim for damages or other compensation from a third party as a result of the user's conduct, the user shall resolve such claim at the user’s own expense (attorney's fees) and responsibility. In the event that the Company pays compensation for damages to such third party, the user shall pay the Company all expenses (including attorney's fees and lost profits), including such compensation for damages.
14. If the user causes damage to the Company in connection with the use of the Application, the user shall compensate the Company for the damage (including legal costs and attorney's fees) at the user's expense and responsibility.


Prohibition of Transfer of Rights

1. The user shall not transfer his/her position under these Terms and Conditions or his/her rights or obligations under these terms and conditions, in whole or in part, to any third party without the prior written consent of the Company.
2. The Company may transfer all or part of the Application to a third party at its discretion, in which case all rights of the user pertaining to the Application shall be transferred to the transferee to the extent of the rights transferred.


Termination of Service

1. The Company may terminate the Application by notifying the user in an appropriate manner.
2. The user agrees without objection in advance that if the Application is terminated, he/she will lose all rights to use the paid content, and will not be able to use said paid content thereafter.
3. In the event that the Application is terminated for any cause, the Company shall not be liable for any damages incurred by the user or any third party resulting from such termination.


Separability

Even if any provision of these terms and conditions or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and ordinances, the remaining provisions of these terms and conditions and the remaining portions of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect.


How to Contact the Company, and Notification from the Company

1. The user’s communications and inquiries to the Company regarding the Application shall be made by through the inquiry form that is set up in appropriate locations within the Application or the website operated by the Company, or through methods separately designated by the Company.
2. The Company shall provide notifications to users regarding the Application by disclosure on the website operated by the Company. Furthermore, in the event that the Application is used after the disclosure, or that 60 days have elapsed, such notification shall be deemed to have been received and accepted by the user.



Governing Law and Court of Jurisdiction

The validity, interpretation, and performance of these terms and conditions shall be governed by and construed in accordance with the laws of Japan. Furthermore, notwithstanding the provisions of such governing law, if any law other than Japanese law is applicable and the use of all or part of the Application is in conflict with any such law, affected users may not use the Application, in whole or in part.
The Sapporo District Court shall have exclusive jurisdiction in the first instance over all disputes, lawsuits, and other controversies between the Company and users etc.


Effective date December 1, 2024