| Language: |
END USER LICENSE AGREEMENT (EULA)
1. YOUR USE OF THE SERVICES
1.1 Agreement; Binding Effect
This End User License Agreement (the “Agreement”) constitutes a legally binding agreement between you, whether personally or, where applicable, acting on behalf of a minor as a parent or legal guardian (collectively, “you” or the “User”), and Nana Stories Co., Ltd., a company duly organized and existing under the laws of Thailand, having its principal place of business at 779/30 Soi Pracha Uthit 23, Samsen Nok, Huai Khwang, Bangkok 10310 Thailand (the “Company”).
This Agreement governs your access to and use of the interactive entertainment software known as any interactive entertainment software, including Full Motion Video (FMV) games, applications, and related digital products developed, published, or distributed by Nana Stories Co., Ltd. (collectively, the “Services”), regardless of the platform through which such Services are made available, including but not limited to Steam (Windows and macOS), mobile operating systems (Android and iOS), console platforms (including but not limited to Xbox and PlayStation), and any other platforms now existing or hereafter developed.
By installing, accessing, downloading, or otherwise using the Services in any manner, you expressly acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this Agreement. If you do not agree to the terms herein, you must immediately cease all use of the Services and uninstall or remove the Services from any device in your possession or control.
Nothing in this Agreement shall operate to limit or exclude any rights afforded to you under applicable mandatory consumer protection laws in your jurisdiction.
1.2 Eligibility; Minors; Responsibility
You represent and warrant that you possess the legal capacity to enter into this Agreement under the laws of your jurisdiction. In the event that you are below the legal age of majority (“Minor”), this Agreement must be reviewed and accepted by your parent or legal guardian on your behalf, and such parent or legal guardian shall assume full responsibility for your use of the Services, including all activities conducted thereunder, whether or not such activities were expressly authorized.
You further agree that you are solely responsible for all acts and omissions arising from your use of the Services, including but not limited to any use conducted through accounts, devices, or credentials under your control or made available by you to any third party.
1.3 Platform Accounts and Access
Access to certain aspects of the Services may require you to maintain an active account with third-party platform providers, including but not limited to Valve Corporation (Steam), Apple Inc., Google LLC, Sony Interactive Entertainment, and Microsoft Corporation (collectively, “Platform Providers”).
You agree that your use of the Services shall be subject not only to this Agreement but also to the applicable terms, conditions, and policies imposed by such Platform Providers. In the event of any inconsistency between this Agreement and such platform terms, the applicable platform terms shall prevail to the extent required by such Platform Providers.
The Company shall bear no responsibility or liability for any acts, omissions, suspensions, restrictions, or other actions taken by Platform Providers in connection with your account or access to the Services.
2. YOUR LIMITED LICENSE
2.1 Ownership and Reservation of Rights
The Services are licensed to you, and not sold. The Company and its licensors retain all right, title, and interest in and to the Services, including without limitation all intellectual property rights therein, whether registered or unregistered, worldwide.
Such intellectual property includes, without limitation, all software, source code, object code, audiovisual works, FMV footage, cinematographic elements, scripts, dialogue, characters, likeness rights, musical compositions, sound recordings, graphical elements, user interfaces, trademarks, service marks, trade names, and all related materials and derivative works.
2.2 Grant of License
Subject to your strict and ongoing compliance with the terms of this Agreement, the Company hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the Services solely for your personal, non-commercial entertainment purposes.
No ownership rights are conveyed to you under this Agreement, and you acknowledge that your rights are limited to those expressly granted herein.
2.3 Restrictions on Use
Except as expressly permitted by applicable law or by this Agreement, you shall not, and shall not permit any third party to:
reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services;
modify, adapt, translate, or create derivative works based upon the Services;
copy, reproduce, distribute, publicly display, perform, or commercially exploit any portion of the Services;
extract, copy, or otherwise use any assets contained within the Services, including but not limited to video files, audio content, or character data, for any purpose outside the intended use of the Services;
use the Services or any part thereof in connection with the development, training, or operation of any artificial intelligence or machine learning systems; or
circumvent, disable, or otherwise interfere with any security, digital rights management, or technological protection measures implemented by the Company.
Any breach of this Section shall constitute a material breach of this Agreement and may result in immediate termination.
3. MODIFICATIONS TO THIS AGREEMENT
The Company reserves the right, in its sole discretion, to modify, amend, or update this Agreement, in whole or in part, at any time.
Where such modifications materially affect your rights or obligations, the Company shall use reasonable efforts to provide notice, which may include in-game notifications, platform notifications, or other reasonable means.
Your continued use of the Services following the effective date of any such modifications shall constitute your acceptance of the revised Agreement. If you do not agree to the modified terms, your sole remedy shall be to cease all use of the Services.
4. USER CONDUCT AND PROHIBITED ACTIVITIES
4.1 General Conduct Obligations
You agree to use the Services strictly in accordance with this Agreement and all applicable laws and regulations. You further agree that you shall not engage in any conduct that could harm the Company, its Services, other users, or any third party.
You acknowledge that the Services are intended solely for lawful personal entertainment purposes, and any use beyond such scope shall be deemed unauthorized.
4.2 Prohibited Activities
Without limiting the generality of the foregoing, you shall not, and shall not permit any third party to:
engage in any unlawful, fraudulent, or deceptive activities in connection with the Services;
interfere with or disrupt the integrity or performance of the Services or servers;
use any unauthorized software, automation tools, bots, cheats, exploits, or modifications;
attempt to gain unauthorized access to systems, accounts, or data;
use the Services to harass, abuse, threaten, or harm any individual;
upload or transmit any malicious code, viruses, or harmful data;
use the Services in any manner that violates applicable intellectual property rights or privacy rights.
4.3 Enforcement and Remedies
The Company reserves the right, in its sole discretion and without prior notice, to investigate any suspected violations and to take appropriate enforcement actions, including but not limited to suspension or termination of access to the Services, removal of content, or referral to law enforcement authorities where applicable.
5. VIRTUAL CONTENT AND DIGITAL RIGHTS
5.1 Nature of Virtual Content
The Services may include digital elements such as unlockable content, in-game features, or other virtual items (collectively, “Virtual Content”). You acknowledge that such Virtual Content is licensed to you and does not constitute personal property.
Virtual Content has no intrinsic monetary value and cannot be redeemed for real-world currency except where required by applicable law.
5.2 Company Control
The Company reserves the absolute right to modify, adjust, remove, suspend, or discontinue any Virtual Content at any time, with or without notice, and without liability to you.
5.3 Restrictions on Transfer
You shall not sell, trade, transfer, or otherwise dispose of any Virtual Content outside the Services. Any attempt to do so shall be null and void.
6. ONLINE SERVICES AND AVAILABILITY
The Services may include online-dependent features, including but not limited to video streaming, content delivery systems, and platform-integrated features such as achievements.
You acknowledge that such features may require a stable internet connection and may be subject to interruptions, latency, or service limitations.
The Company does not guarantee that the Services will be uninterrupted, secure, or error-free, and reserves the right to modify, suspend, or discontinue any aspect of the Services at any time.
7. DATA COLLECTION AND PRIVACY
The Company may collect, use, store, and process certain information in connection with your access to and use of the Services, including but not limited to technical data, device identifiers, gameplay activity, interaction data, and, where applicable, personally identifiable information.
Such data may be collected directly by the Company or through third-party services, platform providers, or software development kits integrated into the Services.
All data processing shall be conducted in accordance with the Company’s Privacy Policy, which forms an integral part of this Agreement. By accessing or using the Services, you consent to the collection and use of such information as described therein.
8. THIRD-PARTY SERVICES
The Services may incorporate or rely upon third-party technologies, services, or content, including but not limited to analytics systems, cloud infrastructure, authentication services, and platform-specific functionalities.
You acknowledge that such third-party services are governed by their own terms and privacy policies, and the Company does not control and shall not be liable for their operation, availability, or data practices.
9. USER CONTENT AND STREAMING
Subject to your compliance with this Agreement, the Company grants you a limited, revocable, non-exclusive permission to capture screenshots, record gameplay footage, and stream or upload such content to third-party platforms for non-commercial purposes.
You agree that you shall not extract, redistribute, or commercially exploit any original assets from the Services.
The Company reserves all rights in and to the Services and may revoke such permissions at any time.
10. CONTENT DISCLAIMER
The Services may contain content that may not be suitable for all audiences, including but not limited to depictions of sexual content, nudity, blood, violence, and weapons.
You acknowledge and accept that your use of the Services is at your own discretion and risk.
11. Payments and Monetization
The User expressly acknowledges and agrees that the Services are distributed under different monetization models depending on the platform on which it is made available. For the PC version distributed via the Steam platform (Windows and macOS), The Services are offered as a one-time purchase product, whereby upon the User’s completion of payment through the platform’s system in full, the User shall be granted the right to access and use the full version of the Services subject to the terms and conditions of this Agreement.
For the avoidance of doubt, the User acknowledges that the Services in such a version does not include any in-game purchases, subscription services, or advertising in any form. Notwithstanding the foregoing, the Company may offer additional downloadable content (Downloadable Content or “DLC”), provided that such content shall not be deemed part of the core content of the Services and shall not be required for accessing or completing the main storyline of the Services.
For mobile versions (Android and iOS), the Services may be made available under a “free-to-try” model, whereby the User may access certain initial portions of the Services without charge; however, access to the remaining content or the full version of the Services shall require a one-time in-app purchase.
All payments, in any case, shall be processed through the relevant platform providers, including but not limited to Steam, Apple App Store, or Google Play Store, and shall be subject to the terms, conditions, and policies of such platform providers. The Company does not directly process any payments and shall not be liable for any disputes or issues relating to payments, including but not limited to transaction failures, billing disputes, refund requests, or unauthorized transactions.
The rights granted to the User upon such payment are personal, non-transferable, and non-refundable, except as required by applicable law or the policies of the relevant platform provider.
12. Updates, Modifications, and Availability of Services
The User acknowledges and agrees that the Company shall have the sole and absolute right to modify, update, alter, supplement, suspend, or discontinue the Services, in whole or in part, including but not limited to content, features, systems, or any elements of the Services, at any time without prior notice and without obtaining the User’s consent.
Such actions may be undertaken for technical reasons, business considerations, security concerns, or any other reasons deemed appropriate by the Company. The User further agrees that the Company shall not be liable for any damages, losses, or impacts, whether direct or indirect, arising from such modifications, changes, or interruptions of the Services.
13. Disclaimer of Warranties
The User expressly acknowledges and agrees that the Services are provided on an “AS IS” and “AS AVAILABLE” basis, and that the Company makes no warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Services will be uninterrupted or error-free.
The User agrees that the use of the Services is at the User’s sole risk, and the Company does not warrant that the Services will meet the User’s expectations or operate without errors, delays, or interruptions.
14. Limitation of Liability
To the maximum extent permitted by applicable law, the User agrees that the Company, including its directors, officers, employees, agents, and licensors, shall not be liable for any damages whatsoever, whether direct, indirect, special, incidental, consequential, or punitive, including but not limited to loss of data, loss of progress, loss of profits, or business interruption, arising out of or in connection with the use of, or inability to use, the Services, regardless of whether the Company has been advised of the possibility of such damages.
15. Indemnification
The User agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, representatives, affiliates, and licensors from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (i) the User’s use of the Services; (ii) any violation of this Agreement; or (iii) any infringement or alleged infringement of any rights of any third party.
This obligation shall survive the termination or expiration of this Agreement.
16. Termination
This Agreement shall automatically terminate in the event that the User fails to comply with any provision of this Agreement. The Company reserves the right, at its sole discretion, to suspend, restrict, or terminate the User’s access to the Services at any time, with or without prior notice.
Upon termination, the User shall immediately cease all use of the Services and uninstall or delete any copies of the Services in their possession or control. Termination shall not affect any rights or obligations that have accrued prior to such termination.
17. Force Majeure
The Company shall not be liable for any failure or delay in the performance of its obligations under this Agreement where such failure or delay results from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, governmental actions, war, civil unrest, cyber incidents, network failures, or the failure of third-party services.
18. Entire Agreement
This Agreement constitutes the entire agreement between the User and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, communications, or understandings, whether written or oral.
19. Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from this Agreement, and the remaining provisions shall remain in full force and effect.
20. Waiver
No failure or delay by the Company in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof.
21. Assignment
The Company may assign, transfer, or otherwise dispose of this Agreement, in whole or in part, without restriction or prior notice to the User. The User shall not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Company.
22. Class Action Waiver
To the maximum extent permitted by applicable law, the User agrees that any dispute, claim, or cause of action arising out of or relating to this Agreement shall be resolved on an individual basis, and that the User shall not participate in any class action, collective action, or representative proceeding.
23. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Thailand.
Any dispute, controversy, or claim arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the competent courts of Thailand.
24. Contact Information
Service Provider: Nana Stories Co., Ltd.
Mailing Address: 779/30 Soi Pracha Uthit 23,
Samsen Nok, Huai Khwang,
Bangkok 10310 Thailand
Telephone: +66 (0)-92-563-9050
Email: info@lumindrivestudio.com
1. YOUR USE OF THE SERVICES
1.1 Agreement; Binding Effect
This End User License Agreement (the “Agreement”) constitutes a legally binding agreement between you, whether personally or, where applicable, acting on behalf of a minor as a parent or legal guardian (collectively, “you” or the “User”), and Nana Stories Co., Ltd., a company duly organized and existing under the laws of Thailand, having its principal place of business at 779/30 Soi Pracha Uthit 23, Samsen Nok, Huai Khwang, Bangkok 10310 Thailand (the “Company”).
This Agreement governs your access to and use of the interactive entertainment software known as any interactive entertainment software, including Full Motion Video (FMV) games, applications, and related digital products developed, published, or distributed by Nana Stories Co., Ltd. (collectively, the “Services”), regardless of the platform through which such Services are made available, including but not limited to Steam (Windows and macOS), mobile operating systems (Android and iOS), console platforms (including but not limited to Xbox and PlayStation), and any other platforms now existing or hereafter developed.
By installing, accessing, downloading, or otherwise using the Services in any manner, you expressly acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this Agreement. If you do not agree to the terms herein, you must immediately cease all use of the Services and uninstall or remove the Services from any device in your possession or control.
Nothing in this Agreement shall operate to limit or exclude any rights afforded to you under applicable mandatory consumer protection laws in your jurisdiction.
1.2 Eligibility; Minors; Responsibility
You represent and warrant that you possess the legal capacity to enter into this Agreement under the laws of your jurisdiction. In the event that you are below the legal age of majority (“Minor”), this Agreement must be reviewed and accepted by your parent or legal guardian on your behalf, and such parent or legal guardian shall assume full responsibility for your use of the Services, including all activities conducted thereunder, whether or not such activities were expressly authorized.
You further agree that you are solely responsible for all acts and omissions arising from your use of the Services, including but not limited to any use conducted through accounts, devices, or credentials under your control or made available by you to any third party.
1.3 Platform Accounts and Access
Access to certain aspects of the Services may require you to maintain an active account with third-party platform providers, including but not limited to Valve Corporation (Steam), Apple Inc., Google LLC, Sony Interactive Entertainment, and Microsoft Corporation (collectively, “Platform Providers”).
You agree that your use of the Services shall be subject not only to this Agreement but also to the applicable terms, conditions, and policies imposed by such Platform Providers. In the event of any inconsistency between this Agreement and such platform terms, the applicable platform terms shall prevail to the extent required by such Platform Providers.
The Company shall bear no responsibility or liability for any acts, omissions, suspensions, restrictions, or other actions taken by Platform Providers in connection with your account or access to the Services.
2. YOUR LIMITED LICENSE
2.1 Ownership and Reservation of Rights
The Services are licensed to you, and not sold. The Company and its licensors retain all right, title, and interest in and to the Services, including without limitation all intellectual property rights therein, whether registered or unregistered, worldwide.
Such intellectual property includes, without limitation, all software, source code, object code, audiovisual works, FMV footage, cinematographic elements, scripts, dialogue, characters, likeness rights, musical compositions, sound recordings, graphical elements, user interfaces, trademarks, service marks, trade names, and all related materials and derivative works.
2.2 Grant of License
Subject to your strict and ongoing compliance with the terms of this Agreement, the Company hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the Services solely for your personal, non-commercial entertainment purposes.
No ownership rights are conveyed to you under this Agreement, and you acknowledge that your rights are limited to those expressly granted herein.
2.3 Restrictions on Use
Except as expressly permitted by applicable law or by this Agreement, you shall not, and shall not permit any third party to:
reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services;
modify, adapt, translate, or create derivative works based upon the Services;
copy, reproduce, distribute, publicly display, perform, or commercially exploit any portion of the Services;
extract, copy, or otherwise use any assets contained within the Services, including but not limited to video files, audio content, or character data, for any purpose outside the intended use of the Services;
use the Services or any part thereof in connection with the development, training, or operation of any artificial intelligence or machine learning systems; or
circumvent, disable, or otherwise interfere with any security, digital rights management, or technological protection measures implemented by the Company.
Any breach of this Section shall constitute a material breach of this Agreement and may result in immediate termination.
3. MODIFICATIONS TO THIS AGREEMENT
The Company reserves the right, in its sole discretion, to modify, amend, or update this Agreement, in whole or in part, at any time.
Where such modifications materially affect your rights or obligations, the Company shall use reasonable efforts to provide notice, which may include in-game notifications, platform notifications, or other reasonable means.
Your continued use of the Services following the effective date of any such modifications shall constitute your acceptance of the revised Agreement. If you do not agree to the modified terms, your sole remedy shall be to cease all use of the Services.
4. USER CONDUCT AND PROHIBITED ACTIVITIES
4.1 General Conduct Obligations
You agree to use the Services strictly in accordance with this Agreement and all applicable laws and regulations. You further agree that you shall not engage in any conduct that could harm the Company, its Services, other users, or any third party.
You acknowledge that the Services are intended solely for lawful personal entertainment purposes, and any use beyond such scope shall be deemed unauthorized.
4.2 Prohibited Activities
Without limiting the generality of the foregoing, you shall not, and shall not permit any third party to:
engage in any unlawful, fraudulent, or deceptive activities in connection with the Services;
interfere with or disrupt the integrity or performance of the Services or servers;
use any unauthorized software, automation tools, bots, cheats, exploits, or modifications;
attempt to gain unauthorized access to systems, accounts, or data;
use the Services to harass, abuse, threaten, or harm any individual;
upload or transmit any malicious code, viruses, or harmful data;
use the Services in any manner that violates applicable intellectual property rights or privacy rights.
4.3 Enforcement and Remedies
The Company reserves the right, in its sole discretion and without prior notice, to investigate any suspected violations and to take appropriate enforcement actions, including but not limited to suspension or termination of access to the Services, removal of content, or referral to law enforcement authorities where applicable.
5. VIRTUAL CONTENT AND DIGITAL RIGHTS
5.1 Nature of Virtual Content
The Services may include digital elements such as unlockable content, in-game features, or other virtual items (collectively, “Virtual Content”). You acknowledge that such Virtual Content is licensed to you and does not constitute personal property.
Virtual Content has no intrinsic monetary value and cannot be redeemed for real-world currency except where required by applicable law.
5.2 Company Control
The Company reserves the absolute right to modify, adjust, remove, suspend, or discontinue any Virtual Content at any time, with or without notice, and without liability to you.
5.3 Restrictions on Transfer
You shall not sell, trade, transfer, or otherwise dispose of any Virtual Content outside the Services. Any attempt to do so shall be null and void.
6. ONLINE SERVICES AND AVAILABILITY
The Services may include online-dependent features, including but not limited to video streaming, content delivery systems, and platform-integrated features such as achievements.
You acknowledge that such features may require a stable internet connection and may be subject to interruptions, latency, or service limitations.
The Company does not guarantee that the Services will be uninterrupted, secure, or error-free, and reserves the right to modify, suspend, or discontinue any aspect of the Services at any time.
7. DATA COLLECTION AND PRIVACY
The Company may collect, use, store, and process certain information in connection with your access to and use of the Services, including but not limited to technical data, device identifiers, gameplay activity, interaction data, and, where applicable, personally identifiable information.
Such data may be collected directly by the Company or through third-party services, platform providers, or software development kits integrated into the Services.
All data processing shall be conducted in accordance with the Company’s Privacy Policy, which forms an integral part of this Agreement. By accessing or using the Services, you consent to the collection and use of such information as described therein.
8. THIRD-PARTY SERVICES
The Services may incorporate or rely upon third-party technologies, services, or content, including but not limited to analytics systems, cloud infrastructure, authentication services, and platform-specific functionalities.
You acknowledge that such third-party services are governed by their own terms and privacy policies, and the Company does not control and shall not be liable for their operation, availability, or data practices.
9. USER CONTENT AND STREAMING
Subject to your compliance with this Agreement, the Company grants you a limited, revocable, non-exclusive permission to capture screenshots, record gameplay footage, and stream or upload such content to third-party platforms for non-commercial purposes.
You agree that you shall not extract, redistribute, or commercially exploit any original assets from the Services.
The Company reserves all rights in and to the Services and may revoke such permissions at any time.
10. CONTENT DISCLAIMER
The Services may contain content that may not be suitable for all audiences, including but not limited to depictions of sexual content, nudity, blood, violence, and weapons.
You acknowledge and accept that your use of the Services is at your own discretion and risk.
11. Payments and Monetization
The User expressly acknowledges and agrees that the Services are distributed under different monetization models depending on the platform on which it is made available. For the PC version distributed via the Steam platform (Windows and macOS), The Services are offered as a one-time purchase product, whereby upon the User’s completion of payment through the platform’s system in full, the User shall be granted the right to access and use the full version of the Services subject to the terms and conditions of this Agreement.
For the avoidance of doubt, the User acknowledges that the Services in such a version does not include any in-game purchases, subscription services, or advertising in any form. Notwithstanding the foregoing, the Company may offer additional downloadable content (Downloadable Content or “DLC”), provided that such content shall not be deemed part of the core content of the Services and shall not be required for accessing or completing the main storyline of the Services.
For mobile versions (Android and iOS), the Services may be made available under a “free-to-try” model, whereby the User may access certain initial portions of the Services without charge; however, access to the remaining content or the full version of the Services shall require a one-time in-app purchase.
All payments, in any case, shall be processed through the relevant platform providers, including but not limited to Steam, Apple App Store, or Google Play Store, and shall be subject to the terms, conditions, and policies of such platform providers. The Company does not directly process any payments and shall not be liable for any disputes or issues relating to payments, including but not limited to transaction failures, billing disputes, refund requests, or unauthorized transactions.
The rights granted to the User upon such payment are personal, non-transferable, and non-refundable, except as required by applicable law or the policies of the relevant platform provider.
12. Updates, Modifications, and Availability of Services
The User acknowledges and agrees that the Company shall have the sole and absolute right to modify, update, alter, supplement, suspend, or discontinue the Services, in whole or in part, including but not limited to content, features, systems, or any elements of the Services, at any time without prior notice and without obtaining the User’s consent.
Such actions may be undertaken for technical reasons, business considerations, security concerns, or any other reasons deemed appropriate by the Company. The User further agrees that the Company shall not be liable for any damages, losses, or impacts, whether direct or indirect, arising from such modifications, changes, or interruptions of the Services.
13. Disclaimer of Warranties
The User expressly acknowledges and agrees that the Services are provided on an “AS IS” and “AS AVAILABLE” basis, and that the Company makes no warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Services will be uninterrupted or error-free.
The User agrees that the use of the Services is at the User’s sole risk, and the Company does not warrant that the Services will meet the User’s expectations or operate without errors, delays, or interruptions.
14. Limitation of Liability
To the maximum extent permitted by applicable law, the User agrees that the Company, including its directors, officers, employees, agents, and licensors, shall not be liable for any damages whatsoever, whether direct, indirect, special, incidental, consequential, or punitive, including but not limited to loss of data, loss of progress, loss of profits, or business interruption, arising out of or in connection with the use of, or inability to use, the Services, regardless of whether the Company has been advised of the possibility of such damages.
15. Indemnification
The User agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, representatives, affiliates, and licensors from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (i) the User’s use of the Services; (ii) any violation of this Agreement; or (iii) any infringement or alleged infringement of any rights of any third party.
This obligation shall survive the termination or expiration of this Agreement.
16. Termination
This Agreement shall automatically terminate in the event that the User fails to comply with any provision of this Agreement. The Company reserves the right, at its sole discretion, to suspend, restrict, or terminate the User’s access to the Services at any time, with or without prior notice.
Upon termination, the User shall immediately cease all use of the Services and uninstall or delete any copies of the Services in their possession or control. Termination shall not affect any rights or obligations that have accrued prior to such termination.
17. Force Majeure
The Company shall not be liable for any failure or delay in the performance of its obligations under this Agreement where such failure or delay results from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, governmental actions, war, civil unrest, cyber incidents, network failures, or the failure of third-party services.
18. Entire Agreement
This Agreement constitutes the entire agreement between the User and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, communications, or understandings, whether written or oral.
19. Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from this Agreement, and the remaining provisions shall remain in full force and effect.
20. Waiver
No failure or delay by the Company in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof.
21. Assignment
The Company may assign, transfer, or otherwise dispose of this Agreement, in whole or in part, without restriction or prior notice to the User. The User shall not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Company.
22. Class Action Waiver
To the maximum extent permitted by applicable law, the User agrees that any dispute, claim, or cause of action arising out of or relating to this Agreement shall be resolved on an individual basis, and that the User shall not participate in any class action, collective action, or representative proceeding.
23. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Thailand.
Any dispute, controversy, or claim arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the competent courts of Thailand.
24. Contact Information
Service Provider: Nana Stories Co., Ltd.
Mailing Address: 779/30 Soi Pracha Uthit 23,
Samsen Nok, Huai Khwang,
Bangkok 10310 Thailand
Telephone: +66 (0)-92-563-9050
Email: info@lumindrivestudio.com