Last Updated: September 16, 2026

This Closed Test Agreement (the “Agreement”) governs your participation in the closed testing (the “Closed Test”) of THE LEGEND OF CALIFORNIA (the “Game”), a pre-release video game developed by Kintsugiyama, Inc. (“Kintsugiyama,” “we,” “us,” or “our”). “You” and “your” mean the individual who accepts this Agreement and takes part in the Closed Test.
Please read this Agreement in full. By accepting it, or by downloading, installing, or using the Game, you agree to be bound by it. If you do not agree, do not download, install, or use the Game. This Agreement takes effect on the earlier of the date you accept it and the date you first download, install, or use the Game.
A copy of this Agreement is available at https://www.kintsugiyama.com/tester-agreement. Our Privacy Policy, at https://www.kintsugiyama.com/privacy, forms part of this Agreement. This Agreement forms part of our Terms of Service, at https://www.kintsugiyama.com/terms, which govern your use of the Game and our related services.

We are developing the Game and want your feedback before it is released. The Game is pre-release software: it is incomplete, it will contain bugs, and it may change substantially or never be released at all. Access is free, temporary, and provided at our discretion. Your progress, characters, items, and test account may be reset or deleted at any time, including when the Closed Test ends.

You must be at least 18 years old, or at least 16 years old and have the consent and supervision of your parent or legal guardian. If you are a parent or guardian accepting on behalf of a 16- or 17-year-old, you accept this Agreement for both of you and you are responsible for their use of the Game. We may suspend or end access if we learn that a participant is under 16.

We grant you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to install and use the Game during the Closed Test, for your own non-commercial use, in order to test it and give us feedback. The Game is licensed to you, not sold. This license ends automatically when the Closed Test ends or when this Agreement terminates.
Your access is personal to you. Do not share, sell, trade, gift, or publish your access keys, invitations, or account credentials, and do not give anyone else access to the Game through your account.

(a) Treat other participants and our staff with respect. Harassment, hate speech, threats, sexual content involving minors, and deliberately disruptive behavior are not allowed. Do not publish or share another participant’s personal information.
(b) Follow any additional rules or community guidelines we publish for the Closed Test.
(c) Do not copy, distribute, publish, sell, rent, sublicense, or otherwise commercially exploit the Game or any part of it, and do not modify, translate, adapt, or create derivative works from it.
(d) Do not reverse engineer, decompile, disassemble, or attempt to derive the source code of the Game, except where applicable law expressly permits it despite this restriction.
(e) Do not use cheats, bots, automation, unauthorized third-party software, or exploits, and do not take advantage of a bug to gain an unfair advantage instead of reporting it.
(f) Do not interfere with the Game’s servers or security, or with other participants’ access to the Game.
(g) Do not circumvent any access, license, timing, or use restriction built into the Game.
We may suspend or end your access at any time if you break these rules, and we may keep a record of any enforcement action.

(a) You may share your gameplay. You may take screenshots of, record, stream, and publish video of your own play, and talk publicly about your experience in the Closed Test, unless we tell you otherwise under paragraph (c).
(b) Confidential material. If we give you something that is not publicly available and tell you it is confidential — for example an unreleased feature, unannounced artwork, or a design document — that is “Confidential Material.” Keep it confidential, use it only for the Closed Test, and do not share it with anyone. This does not apply to anything that is already public or becomes public through no fault of yours, that you already knew, or that a third party was free to disclose to you.
(c) Embargoes. We may tell you that particular material, features, or dates are under embargo, and when the embargo lifts. We will do that by email, in the Game, or through our official announcement channels. Do not disclose embargoed material before the embargo lifts. If you take part in a creator program, separate terms may also apply to you.
(d) Paragraphs (b) and (c) continue to apply after this Agreement ends, until the material in question becomes public.

“Feedback” means anything you tell us about the Game — bug reports, comments, suggestions, survey answers, interview responses — and anything you create or enter in the Game.
You give us all rights in your Feedback, and we may use it for any purpose, without payment, credit, or any obligation to you. Where those rights cannot be assigned, you grant us an unlimited, worldwide, royalty-free license to use them, and you waive any moral rights, to the extent the law allows. We own anything we develop using your Feedback.
Please do not include anyone else’s confidential information or personal data in your Feedback.

The Game and everything in it — including the software, artwork, characters, audio, and all copyrights, trademarks, trade secrets, and other intellectual property rights — belongs to us or our licensors. You acquire no rights in the Game other than the license granted in Section 3.

Our Privacy Policy, at https://www.kintsugiyama.com/privacy, explains what personal data we collect, how we use and share it, our use of AI tools, international transfers, and your privacy rights. It forms part of this Agreement. This Section covers only what is specific to the Closed Test.
(a) Signing up. When you claim a key or verify existing access, we collect the email address you give us and the account identifiers we need in order to grant and check your access — for example your Steam or Epic identifier, and your Discord identifier if you link one. We run tester registration and communications on our own systems and through our email delivery provider. We do not use a third-party closed-test platform, and we do not track email opens or clicks.
(b) While you play. We collect information about your device, your connection, and your use of the Game, including crash and error reports, as described in the Privacy Policy.
(c) What other players can see. Other participants in your session can see the player name and platform identifier you play under. Text and voice chat are visible or audible to other participants in that session. We do not log or store the contents of in-game text chat, and we do not record, monitor, or transcribe voice chat. Please use the in-game reporting tools to report behavior that breaks Section 4.
(d) We do not sell your information. We share it only with service providers who process it on our behalf and on our instructions. We do not sell it or otherwise monetize it.
(e) Where it goes. Our central services and databases run in the United States. We may run game servers in other regions, including the European Union, and those servers communicate back to our central services in the United States. So if you are in the EU, the EEA, or the UK, your personal data is transferred to the United States. We rely on appropriate safeguards for those transfers, including the EU-US and UK Data Privacy Framework where the recipient is certified, and the European Commission’s Standard Contractual Clauses.
(f) How long we keep it. We keep your email address, for news and updates about the Game, until you unsubscribe. We dispose of the rest of the personal information we collect for the Closed Test within a reasonable period after it ends. We may keep aggregated and anonymized information indefinitely. Everything else is covered by the Privacy Policy.
(g) Questions. Email privacy@kintsugiyama.com about your information or your privacy rights, or playtest@kintsugiyama.com if you cannot claim a key or complete verification.

The Closed Test is free. You pay nothing for the Game during the Closed Test, and neither of us is obliged to enter into any further agreement about it. Nothing here prevents us from charging for other versions of the Game. We may provide updates, fixes, or support during the Closed Test, but we do not have to.

THE GAME IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE GAME WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF IT WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. THE GAME IS A PRE-RELEASE PRODUCT THAT MAY NEVER BE RELEASED, OR THAT MAY CHANGE SUBSTANTIALLY BEFORE RELEASE. THIS AGREEMENT DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND LIABILITIES RELATING TO THE UNREAL ENGINE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR LIMITS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE GAME, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. IF YOU ARE DISSATISFIED WITH THE GAME, YOUR SOLE REMEDY IS TO STOP USING IT.
NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD, OR UNDER MANDATORY CONSUMER PROTECTION LAW.

(a) This Agreement starts on the date it takes effect and continues until the Closed Test ends or either of us terminates it. Either of us may terminate at any time, for any reason. We may also suspend or end your access at any time at our discretion. When this Agreement ends, your license ends and you must uninstall the Game.
(b) Survival. Sections 5(b), 5(c), 5(d), 6, 7, 8, 10, 11, 12(b), and 13 continue to apply after this Agreement ends.

(a) Changes. We may update this Agreement. If a change is material, we will tell you by email or through our official announcement channels before it takes effect. If you continue to use the Game after that, you accept the change. If you do not agree, stop using the Game.
(b) Governing law and venue. California law governs this Agreement, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to this Agreement or the Game will be brought exclusively in the state or federal courts located in Orange County, California, and you consent to the jurisdiction of those courts.
(c) Local consumer rights. If you are a consumer resident in the European Economic Area, the United Kingdom, or another country whose law grants you mandatory protections, nothing in paragraph (b) deprives you of those protections or of any right you have to bring proceedings in the courts of your own country where applicable law so provides.
(d) No transfer. You may not transfer or assign this Agreement, or any of your rights or obligations under it, without our prior written consent. We may assign it.
(e) Independent parties. We are independent parties. This Agreement does not create a partnership, joint venture, agency, or employment relationship, and neither of us may bind the other.
(f) Enforcement. If we do not enforce a provision of this Agreement, we do not give up the right to enforce it later. If any provision is held invalid, the rest remains in force. To the extent applicable law allows, we may seek injunctive or other equitable relief for a breach or threatened breach of Section 5 or Section 6.
(g) Export and sanctions. You may not use, export, or re-export the Game in violation of United States export control or sanctions laws.
(h) Entire agreement. This Agreement, together with our Terms of Service and our Privacy Policy, is the entire agreement between you and us about the Closed Test, and it replaces any earlier agreement or understanding on that subject. In the event of a conflict between this Agreement and the Terms of Service, this Agreement governs as to your participation in the Closed Test.
(i) Contact. Kintsugiyama, Inc., 30511 Avenida De Las Flores #1034, Rancho Santa Margarita, CA 92688. support@kintsugiyama.com.