End-User License Agreement

This End-User License Agreement (hereinafter this “Agreement”) determines the conditions for the use of VR game application “Little Witch Academia: VR Broom Racing” that is provided by UNIVRS, Inc. (hereinafter the “Company”) (including any update version of the application and the services associated with the application; hereinafter the “Company’s Application”) and the rights and obligations arising between customers using the Company’s Application (hereinafter the “User”) and the Company. For the use of the Company’s Application (including, but not limited to, the downloading of the Company’s Application and the use of associated services), the User is required to agree on this Agreement after reading all the provisions hereof.
By starting to use the Company’s Application, the User shall be deemed to have agreed to be bound by the terms and conditions of this Agreement (including individual regulations associated with this Agreement (Article 1, paragraph 3)).

Article 1. Application

1. The purpose of this Agreement is to determine the conditions for the provision of the Company’s Application and the rights and obligations arising between the Company and the User in connection with the use of the Company’s Application, and this Agreement shall apply to all relations between the User and the Company arising in connection with the use of the Company’s Application.
2. If the User is a minor, the User shall use the Company’s Application with the approval of statutory agents such as persons in parental authority.
3. Separate individual regulations may apply to the Company’s Application in addition to this Agreement. In this case, the User shall comply with individual regulations as well as this Agreement. If there is any discrepancy between this Agreement and individual regulations, the provisions of individual regulations shall prevail.
4. This Agreement may be presented to the User in any language other than Japanese, but the Japanese version shall be the original. If there is any discrepancy with regard to the content, interpretation or any other matter regarding this Agreement, the Japanese version shall apply.

Article 2. Use of the Company’s Application

1. The Company shall grant to the User a non-commercial, non-exclusive, limited, non-transferrable and completely revocable right to use the Company’s Application only for the purpose of private game play within the scope specified by the Company according to the User’s age, user environment and other conditions, under the condition that the User complies with the provisions of this Agreement.
2. The User may not sublicense the right granted under the preceding paragraph to any third party.
3. The Company may send notices, advertisements and other announcement messages to the User in connection with the operation of the Company’s Application.
4. The User shall acquire and maintain a terminal necessary to access or use the Company’s Application at his/her own responsibility and expense.
5. The communication fees incurred for the use of the Company’s Application shall be paid by the User.

Article 3. Handling of User Information

1. The Company shall handle user information of the User in accordance with the Privacy Policy separately provided by the Company, and the User shall agree that the Company will handle the user information of the User in accordance with the Privacy Policy.
2. The Company shall not guarantee that the information acquired from or through the Company’s Application is complete, accurate or updated. The Company shall have no liability for any matter related to the use of or reliance on such information by the User.
3. The Company may, at its discretion, use and disclose the information and data, etc. provided by the User to the Company as analytical information that cannot identify individuals, and the User shall raise no objection to it.

Article 4. Suspension, etc. of the Company’s Application

If any of the following items applies, the Company may suspend or discontinue the provision of all or part of the Company’s Application without giving prior notice to the User:

1. Where inspection or maintenance of the computer system related to the Company’s Application is conducted emergently;
2. Where the operation of the Company’s Application is rendered impossible due to faults in computers or communication lines, etc., operational errors, excessive concentration of access, unauthorized access, hacking, etc.;
3. Where the operation of the Company’s Application is rendered impossible due to earthquakes, lightning, fire, wind and flood damage, power failure, natural disasters and other force majeure events; and
4. Where the Company thinks that suspension or discontinuation is necessary.

Article 5. Intellectual Property Rights

All copyrights, patents, utility model rights, design rights, trademark rights, and other intellectual property rights pertaining to the Company’s Application (including the right to acquire or file an application for the registration, etc. of such rights) shall be vested in the Company or the parties granting a license to the Company, and protected under domestic and foreign laws and regulations as well as international treaties. Permission for the use of the Company’s Application under this Agreement shall not mean the assignment of any intellectual property rights pertaining to the Company’s Application that are owned by the Company or the parties granting a license to the Company.

Article 6. Prohibited Matters

1. When using the Company’s Application, the User shall not perform any act that falls under or the Company thinks falls under any of the following items:

   1. Act of violating laws and regulations or act associated with a criminal act.
   2. Act of committing a fraud to or threatening the Company, other Users of the Company’s Application or third parties.
   3. Act against public order and morals.
   4. Act that infringes the intellectual property rights, portrait rights, privacy rights, honor, or other rights or interests of the Company, other Users of the Company’s Application or third parties.

   5. Provision of any information that falls under or the Company thinks falls under any of the following to the Company or other Users of the Company’s Application:

      1. Information containing excessively violent or cruel expressions
      2. Information containing computer viruses or other harmful computer programs
      3. Information containing expressions that damage the honor or credit of the Company, other Users of the Company’s Application or third parties
      4. Information containing excessively obscene expressions
      5. Information containing expressions that promote discrimination
      6. Information containing expressions that promote suicide or self-mutilation
      7. Information containing expressions that promote inappropriate use of drugs
      8. Information containing antisocial expressions
      9. Information requesting the dissemination thereof to third parties such as chain mails
      10. Information containing expressions that cause a feeling of discomfort to other persons
   6. Act that causes an excessive burden on the network or system, etc. of the Company’s Application.
   7. Reverse engineering or other acts of analysis of the software and other systems provided by the Company.
   8. Act that is likely to interfere with the operation of the Company’s Application.
   9. Unauthorized access to the Company’s network or system, etc.
   10. Act of providing false information to the Company or having the Company acquire false information.
   11. Act of pretending to be a third party.
   12. Performing advertising and publicity, solicitation or sales activity through the Company’s Application without the prior permission of the Company.
   13. Collection of information of other Users of the Company’s Application.
   14. Act that causes disadvantages, damage or a feeling of discomfort to the Company, other Users of the Company’s Application or third parties.
   15. Provision of profits to antisocial forces, etc.
   16. Act performed for the purpose of meeting unacquainted persons of the opposite sex.
   17. Act that directly or indirectly provokes or facilitates the acts set forth in the foregoing.
   18. Attempting to perform the acts set forth in the foregoing.
   19. Other acts that the Company thinks are inappropriate.
2. If the User performs an act that falls under or the Company thinks falls under any of the items of the preceding paragraph, the Company may take necessary measures including legal measures for such act, and the User shall agree on it.

Article 7. Change, etc. of the Company’s Application

1. The Company may change, suspend or discontinue the Company’s Application (including, but not limited to, the specifications and rules thereof and the services associated therewith) at any time without giving notice to the User, if the Company thinks it necessary to do so.
2. The Company may transfer its status under this Agreement to another individual or corporation without the prior written approval of the User, if there is a reason for doing so such as reorganization.

Article 8. Disputes with Third Parties

1. If any dispute arises between the User and a third party (including other Users of the Company’s Application) in connection with the use of the Company’s Application, the User who is the party to the dispute shall settle it at his/her own responsibility and expense.
2. If any damage is caused to the Company by or in connection with a dispute set forth in the preceding paragraph, the relevant User shall pay damages for it.
3. The User shall settle, at his/her own responsibility and expense, all claims arising from or in connection with the data posted by the User (including claims related to the violation of this Agreement by the User or the infringement of the rights of a third party by the User).
4. If the User infringes the rights of a third party and the Company is required to pay damages or other expenses in connection with a complaint or claim from a third party, the User who is the party to the dispute shall pay such damages or expenses, etc. (including attorney’s fees).

Article 9. Amendment of this Agreement

The Company may amend this Agreement, if the Company thinks it necessary to do so. When amending this Agreement, the Company shall announce it or notify the User by posting the date of enforcement of the amended Agreement and the content of amendment on the Company’s website (URL: https://lwa-vr.com/) or by other appropriate means; provided, however, that if the amendment requires the consent of the User under laws and regulations, the Company shall obtain the consent of the User by the method prescribed by the Company.

Article 10. Communications and Notices

Inquiries about the Company’s Application and other communications or notices from the User to the Company as well as notices on the amendment of this Agreement and other communications or notices from the Company to the User shall be made by the method prescribed by the Company.

Article 11. Transfer, etc. of Status under the Agreement for Use of the Company’s Application

1. The User shall not, without the prior written approval of the Company, assign or transfer to any third party, establish security interests in, or otherwise dispose of his/her status under the agreement for use or the rights or obligations arising under this Agreement.
2. If the Company transfers the business related to the Company’s Application to another company, the Company may transfer its status under the agreement for use, rights and obligations arising under this Agreement, and customer information of the User to the transferee of the business in association with the business transfer, and the User shall be deemed to have agreed on such transfer in advance in this paragraph. The business transfer set forth in this paragraph shall include not only ordinary business transfer but also a company split and all other cases in which the business is transferred.

Article 12. Severability

Even if any provision hereof or part of a provision hereof is found to be invalid or unenforceable under laws and regulations, etc., the remaining provisions hereof other than such provision or part of the provision found to be invalid or unenforceable shall continue to be in full force and effect.

Article 13. Confidentiality

The User shall maintain the confidentiality of any unpublished information disclosed by the Company to the User in connection with the Company’s Application with a request for maintaining the confidentiality thereof, unless the Company’s prior written approval is obtained.

Article 14. Exemption from Liability

1. The Company shall provide the Company’s Application “as is” and shall not guarantee, expressly or impliedly, that the Company’s Application is suitable for a specific purpose of the User, that the Company’s Application has expected functions, commercial value, accuracy, or usefulness, that the use of the Company’s Application by the User conforms to the laws and regulations or industry organizations’ internal rules, etc. applicable to the User, that the Company’s Application can be used continuously, and that no fault will occur.
2. The Company shall not be liable to pay damages for the damage caused to the User in connection with the Company’s Application beyond the amount of consideration paid by the User to the Company, and shall have no liability to pay damages for incidental damage, indirect damage, special damage, future damage, and damage related to the loss of profit.

Article 15. Governing Law and Court of Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Japan. The Tokyo District Court shall have exclusive jurisdiction for the first instance over all disputes arising from or in connection with this Agreement.

[Established on April 15, 2021.]

Privacy Policy

This Privacy Policy (hereinafter the “Policy”) is provided by UNIVRS, Inc. (hereinafter the “Company”) to determine the matters related to the handling of user information including personal information of the User in connection with VR game application “Little Witch Academia: VR Broom Racing” that is provided by the Company (including any update version of the application and the services associated with the application; hereinafter the “Company’s Application”). The terms used herein shall have the same meaning as the term used in the Company’s End-User License Agreement.

Article 1. User Information to Be Collected and Method of Collection

1. The term “User Information” herein means the information related to the identification of the User, action history in communication service, and other information generated or accumulated in connection with the User or the User’s terminal that are collected by the Company in accordance with the Policy.

2. The User Information collected by the Company through the Company’s Application shall be as follows:

   1. Name of the User; and
   2. Status of use of the Company’s Application.

Article 2. Purpose of Use

The detailed purpose of use of the User Information in connection with the provision of services of the Company’s Application shall be as follows:

1. Provision of services of the Company’s Application;
2. Succession of the status of use of the Company’s Application;
3. Measurement, investigation and analysis of the status of use of the Company’s Application and the results of implementation of various measures;
4. Improvement of the Company’s Application and response to faults;
5. Correction of a breach of the End-User License Agreement; and
6. Response to inquiries (including identity verification).

Article 3. Provision to Third Parties

The Company shall not, without the prior consent of the User, provide personal information among the User Information to any third party (including third parties outside Japan); provided, however, that it shall not apply when personal information is provided to a third party (including third parties outside Japan) in the following cases where it is necessary to do so:

1. Where all or part of the handling of personal information is entrusted by the Company to the extent necessary for the achievement of the purpose of use;
2. Where personal information is provided due to business transfer conducted based on a merger or for other reasons;
3. Where personal information is provided to affiliated companies or the provider of information collection module in accordance with the provisions of the preceding Article;
4. Where the Company is required to cooperate for the execution of affairs prescribed by laws and regulations by state organs, local public bodies, or persons entrusted by them and the acquisition of consent from the User is likely to interfere with the execution of such affairs; and
5. Where it is approved under the Act on the Protection of Personal Information (hereinafter the “Personal Information Protection Act”) and other laws and regulations.

Article 4. Disclosure of Personal Information

When the Company is requested by the User to disclose personal information pursuant to the provisions of the Personal Information Protection Act, the Company shall disclose it to the User (or notify the User of the non-existence of such personal information) without delay after confirming that the request is made by the User himself/herself; provided, however, that it shall not apply if the Company is not obliged to disclose information under the Personal Information Protection Act and other laws and regulations. Please understand in advance that the disclosure of personal information requires the payment of a fee (1,000 yen per case).

Article 5. Correction and Suspension of Use, etc. of Personal Information

1. If the Company is requested by the User (i) to correct the content of personal information pursuant to the provisions of the Personal Information Protection Act on the ground that such personal information is untrue or (ii) to suspend the use of personal information pursuant to the provisions of the Personal Information Protection Act on the ground that the information is used beyond the scope of the purpose of use announced in advance or was collected by fraudulent means or other unjust means, the Company shall conduct necessary investigation without delay after confirming that the request is made by the User himself/herself, and correct the content of personal information or suspend the use of personal information based on the result of investigation and notify the User to that effect. If the Company decides not to correct the personal information or suspend the use of personal information, the Company shall notify the User to that effect.
2. If the Company is requested by the User to delete the User’s personal information and the Company thinks that it is necessary to meet such request, the Company shall delete the personal information after confirming that the request is made by the User himself/herself, and notify the User to that effect.
3. If the Company is not obliged to perform correction, etc. or suspension of use, etc. under the Personal Information Protection Act and other laws and regulations, the provisions of paragraphs 1 and 2 shall not apply.

Article 6. Contact for Inquiries

For any opinion, question, complaint, or inquiry about the handling of the User Information, please contact below:

Address: 2F., NS Building 26, 1-26-9 Nihonbashi Kakigaracho, Chuo-ku, Tokyo 103-0014
UNIVRS, Inc.
Personal Information Handling Manager: Naoya Koji
Contact: 050-1764-9074

Article 7. Procedures for Amendment of the Privacy Policy

The Company may amend the Policy as needed; provided, however, that if the amendment of the Policy requires the consent of the User under laws and regulations, the amended Policy shall apply only to the Users who have consented to the amendment by the method prescribed by the Company. When amending the Policy, the Company shall announce it or notify the User by posting the date of enforcement of the amended Policy and the content of amendment on the Company’s website or by other appropriate means.

[Established on April 15, 2021.]