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The Legend of California

Closed Test Agreement

Last Updated: November 10, 2026

What changed in this version. In-game text chat is now logged (Section 8(c)). The Closed Test is now defined as our pre-release testing program as a whole, across its phases, with access that carries over between phases (opening paragraph and Section 1). Keys we give some participants to pass on are addressed (Section 3). Real-money trading is prohibited and enforcement is described more fully (Section 4). We may remove or reset what you create in the Game (Section 6). Section 8 now summarizes how we handle your information and refers to our Privacy Policy for the detail.

This Closed Test Agreement (the “Agreement”) governs your participation in the pre-release testing program (the “Closed Test”) for THE LEGEND OF CALIFORNIA (the “Game”), a pre-release video game developed by Kintsugiyama, Inc. (“Kintsugiyama,” “we,” “us,” or “our”). The Closed Test may run in one or more phases (for example, numbered alpha tests) and continues until we release the Game or end the program. For this purpose, the Game is released when it becomes generally available on a storefront, including as an early access release; the early access notices in our Terms of Service and EULA, which also cover test versions, do not by themselves mean the Game has been released. “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, and it takes effect the first time you do any of those things. If you do not agree, do not 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.

1. The Closed Test

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. Unless we revoke it, access we grant you carries over from one phase of the Closed Test to the next; it ends when the Closed Test ends, and in any case when we release the Game. Your progress, characters, items, and test account may be reset or deleted at any time, including between phases and when the Closed Test ends.

2. Eligibility

You must have reached the age of majority where you live (18 in most places), or be 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 minor who is at least 16, 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.

3. Your license to use the Game

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, 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. If we give you keys expressly for you to pass on to others (for example as part of a creator program), you may distribute those keys only as we direct, and the people who use them take part under this Agreement in their own right.

4. What you may and may not do

(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. If you find a bug, report it; do not use it to gain an unfair advantage.

(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.

(h) Do not buy, sell, trade, or offer accounts, access keys, characters, in-game items, in-game currency, or progress for real-world money or for anything of value outside the Game, and do not advertise or arrange such trades in the Game. Trading within the Game using the Game’s own systems is allowed.

If you break these rules, we may take any action we consider appropriate, without prior warning, including restricting your use of chat or other features of the Game, removing or changing names and content you have created, resetting your progress, and suspending or ending your access to a phase of the Closed Test or to the Game as a whole. We use automated filters on names and other text you create, and we may use automated tools, including the AI tools described in our Privacy Policy, to help us prioritize reports; a member of our team decides what action to take on a report. We keep records of enforcement actions and the evidence supporting them, as described in our Privacy Policy. Access restrictions can carry across phases of the Closed Test and continue after the Game is released. If you believe an action was taken in error, email support@kintsugiyama.com.

5. Confidentiality and talking about the Closed Test

(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.

6. Feedback

“Feedback” means anything you tell us about the Game — bug reports, comments, suggestions, survey answers, interview responses, and anything you send using the in-game feedback and bug report tools — 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 (subject to our Privacy Policy where it includes personal data), 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.

We may remove, change, or reset anything you create or enter in the Game at any time, including names and content that break Section 4, without compensation.

Please do not include anyone else’s confidential information or personal data in your Feedback.

7. Ownership

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.

8. Your information

Our Privacy Policy, at https://www.kintsugiyama.com/privacy, explains what personal data we collect, how we use and share it, how long we keep it, our use of AI tools, international transfers, and your privacy rights. It forms part of this Agreement. This Section highlights what matters most for the Closed Test. The Privacy Policy has the detail. If this Section and the Privacy Policy conflict on how we handle your personal data, the Privacy Policy controls.

(a) Signing up. To give you access, we collect what we need to grant and check it: the email address you give us if you claim a key on our website, or your platform or Discord account identifier if we grant access through a platform (for example a Steam Playtest invitation) or through our Discord server. We keep a record of the access or key issued to you.

(b) While you play. We collect information about your device, your connection, and your use of the Game, recorded against your account identifier and character name. This includes gameplay and technical data; text you write in the Game, such as names, signs, and in-game mail; feedback, bug reports, and crash reports; reports you make or that are made about you; and your platform friends lists and in-game presence. Section 3 of the Privacy Policy describes this in full.

(c) What other players can see, and chat. Other participants can see the character name you play under, and the Game shares your platform identifier with their game clients. Text and voice chat are visible or audible to the other participants in that channel or conversation. Text chat is logged, on every channel and including private messages. Members of our team may review chat records and other text you write in the Game to act on reports, enforce Section 4, keep players safe, and investigate abuse. Chat relevant to a report or an enforcement action, including other participants’ messages in the same conversation, may be kept as evidence, and a short excerpt may be processed by our AI tools when a report is reviewed. We do not record, store, or transcribe voice chat, but we keep technical records of voice sessions. Section 6 of the Privacy Policy explains what is recorded and how long it is kept. Please use the in-game reporting tools to report behavior that breaks Section 4.

(d) Sharing. We do not sell your information or otherwise monetize it. We share it with service providers who process it on our behalf and on our instructions, including the AI service providers named in the Privacy Policy; with the platforms you play through or link, so that social features work; and otherwise only as described in Section 7 of the Privacy Policy.

(e) Where it goes. Our central services and databases run 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, under the safeguards described in Section 8 of the Privacy Policy.

(f) How long we keep it. Sections 8 and 10 of the Privacy Policy set out how long we keep each kind of information and what happens when you ask us to delete your data. Some records are kept after the Closed Test ends. For example, records of reports and enforcement actions, and the evidence supporting them, may be kept for the life of the Game; login history may be kept while an access restriction, investigation, or dispute continues; and gameplay and technical data and text you write in the Game are kept while the Game is in development and testing.

(g) Questions. Email privacy@kintsugiyama.com about your information or your privacy rights, or playtest@kintsugiyama.com if you cannot claim a key or your access is not working.

9. No charge, no obligation to support

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.

10. No warranty

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.

11. Limitation of liability

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.

12. Term and termination

(a) This Agreement runs from the time it takes effect 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, and the last paragraph of Section 4, continue to apply after this Agreement ends.

13. General

(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. The 30-day notice period in the Terms of Service and the EULA does not apply to changes to this Agreement. 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.