PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING OUR PRIVACY POLICY.

These Terms of Service (“Agreement”) constitute a legally binding agreement between WINGED SAKURA GAMES (“we”, “our”, or “us”) and you (“you” or “user”). This agreement governs your use of or access to WINGED SAKURA GAMES’ Game(s), customer support, and any other online services (collectively “our services”) provided by WINGED SAKURA GAMES.

By using our services, you agree to:

• Follow the rules in this Agreement and our Privacy Policy, which explains how we collect and protect your information.
• Use our services at your own risk. Our responsibility to you is limited, as stated in Section 12 (Limitation of Liability).
• Settle any disputes through binding arbitration or, where applicable, in the courts of British Columbia, as outlined in Section 14 (Applicable Law and Dispute Resolution).
• Confirm that you are an adult in your country and are responsible for all actions on your account.

You may not use our services if you:

• Do not accept this Agreement
• Are not at least 18 years old or the legal age to form a contract.
• Are prohibited from using our services by law.

For Parents and Guardians: Please supervise children using our services and remind them not to share personal information.

By using our services, you confirm that you have read, understood, and agree to these terms.

1. Definitions

a. “WINGED SAKURA GAMES’ Game(s)” refers to any games we’ve released, including test versions. This includes the game software and any upgrades we provide.

b. “Account” refers to an account that is created in our services.

2. Account

a. You’ll need an account to use our services. If you don’t have one, signing in with a social media account will create one or you may create one with an email and password.

b. To sign into our services, you must agree to our Terms of Service and Privacy Policy. Both boxes must be checked to proceed, and they will remain checked until the cache is cleared or the Terms of Service or Privacy Policy is updated.

c. You may create an Account only if you are an adult in your country. If you’re a minor, the Account must be created under the supervision of a legal parent or guardian.

d. When you create an account, you can choose a username. We may filter or change usernames we deem offensive or unacceptable. While we have a filter system implemented, it may not catch everything. We reserve the right to terminate your account or change your username if it’s offensive or if it violates these terms.

e. We recommend that you do not create a username that reflects your real name or other personal data

f. You are responsible for keeping your Account secure and confidential (including but not limited to email address, passwords, or third-party provider information). You’re responsible for all activity on your account, even if you didn’t authorize it.

g. Accounts are created with email or third-party social media providers. Please don’t share or sell your account. If you sell or share your account, we reserve the right to terminate it without a refund.

h. We may terminate your account at any time if we determine you have violated this Agreement. If your account is terminated, you can’t create a new one without our permission. To terminate your account, use the in-app option or contact us at wsafkduelists@wingedsakura.com.

i. You are solely responsible for all activity on your account, regardless of whether it was authorized by you. If you suspect unauthorized access, change your password, and notify us immediately.

3. License Grant

a. WINGED SAKURA GAMES grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revokable right to install and use WINGED SAKURA GAMES’ Game(s) on devices for your personal entertainment and non-commercial purpose (“License”). The rights granted to you under this License are subject to the terms of this Agreement and you may make use of this License only if you comply with all applicable terms. This License becomes effective on the date that you accept this Agreement.

b. By accepting this Agreement, you understand and acknowledge that WINGED SAKURA GAMES’ Game(s) is licensed, not sold to you, under the License, and the License does not grant you any title or ownership in the WINGED SAKURA GAMES’ Game(s) software.

4. License Conditions

a. Your use of our services is also governed by our Privacy Policy, which we may update. It’s considered a part of this Agreement.

b. You must not

I. Post or share offensive content (e.g., vulgar, pornographic, harassment).
II. Violate ours or other’s rights and interests (e.g., intellectual property, copyright).
III. Develop, use, or distribute any unauthorized software or tools to gain an unfair advantage or disrupt our services.
IV. Share or exploit any vulnerabilities in our services. (e.g., game bugs, game errors).
V. Use our services for commercial purposes.
VI. Copy, reverse engineer, or create unauthorized versions of our services.
VII. Use illegal methods to interfere with our services (e.g., hacking).
VIII. Violate our User Behavior rules.
IX. Allow or assist any third parties to do any of the above.

c. You must follow all applicable laws. Stop using our services if local laws require it and don’t use our services where it’s illegal.

d. We reserve the right to deny you from accessing our services at any time for any reason without prior notice without liability. We can also suspend or change our services without notice.

e. At our sole discretion, we may attempt to mediate disputes between users, but we are not obligated to do so. You’re responsible for your interactions with other users. There may be language or material accessible through our services that may be inappropriate for children and/or is offensive to users. You agree that under no circumstances that we shall be liable for any inappropriate User Behavior or language. If your account is used to share offensive content, we can suspend or terminate it without prior notice.

f. We disclaim liability for the actions of other users or for content accessed through third-party links.

5. Ownership / Intellectual Property

We own all interests, titles, and rights to the data generated from your use of our services. You don’t own any in-game rewards, Virtual Goods, characters, progress, or other data (collectively, “Game Data”). We reserve the right to change or remove Game Data at any time without notice.

6. In-Game Currency and Items (Virtual Goods)

a. Our services may offer in-game currency (“Virtual Currency”) and items (“Virtual Items”), which you can acquire by purchasing a limited license. These digital items, known as “Virtual Goods,” have no physical form. You can pay for these licenses with real money or, if available, with Virtual Currency.

b. When you purchase Virtual Goods, you’re buying a limited license to use them within our games, subject to the conditions described in Section 3 (License Grant) and Section 5 (Ownership / Intellectual Property). These Virtual Goods have no real-world monetary value and cannot be exchanged for money or transferred to other users.

c. We reserve the right to modify, manage, control, or delete the purchased Virtual Goods at our discretion and without notice.

d. Payments for Virtual Goods are non-refundable and non-transferable, except as required by law.

e. Purchases of Virtual Goods outside of official app stores are unauthorized and are considered illegal.

7. In-Game Video Ad Rewards

a. With your consent, we may offer you the opportunity to watch limited video advertisements provided by third-party advertisers to earn in-game rewards.

b. These rewards may include Virtual Currency. The type and amount of rewards, and the watch limit may vary and are subject to change at our discretion.

c. Ad availability is not guaranteed and may be affected by factors such as ad inventory, your location, and device compatibility.

d. Rewards will be delivered directly into your Account upon watching the entire ad. We are not responsible for delays or errors in reward delivery.

e. You agree not to use any unauthorized methods to view ads or earn rewards, including but not limited to bots, scripts, or other automated tools. Engaging in fraudulent activity may result in the forfeiture of rewards and the suspension or termination of your account.

f. We are not responsible for the content of third-party video advertisements, and viewing them is at your own risk.

g. We reserve the right to modify or discontinue the rewarded video ad program or partners at any time without prior notice.

h. Please see our Privacy Policy for information on how data is shared with our advertising partners.

8. Privacy

a. Please see our Privacy Policy for details on how we collect and use your information, including your rights.

b. Your in-game nickname, profile, and chat messages may be public. Be aware that chat is not private. We are not responsible for the information you voluntarily share in these public areas.

9. Inappropriate User Behavior

a. You must not:

I. Pretend to be our employees, spread false information, promote illegal activities, spam, or harass other users.
II. Use unauthorized third-party software or introduce viruses or harmful programs.
III. Use unapproved payment methods.
IV. Interfere with our services.
V. Do anything that harms our reputation.

b. We may, but are not required to, resolve disputes between users. We can take action, including warnings, communication blocks, account termination, or other necessary steps.

c. If you violate this Agreement or engage in behavior we consider harmful, we can immediately terminate your access to our services.

10. Indemnification

You agree to defend, indemnify, and hold WINGED SAKURA GAMES harmless from any claims or costs (including legal fees and other expenses) resulting from:

I. Your access or use of our services.
II. Your violation of this Agreement.
III. Your violation of laws or third-party rights.
IV. Any materials or other information provided by you on or on your behalf.
V. Your other illegal or inappropriate behavior.

11. Injunctive Relief

If you violate or threaten to violate this Agreement, WINGED SAKURA GAMES can get a court order to stop you, without having to prove specific financial losses. This is in addition to WINGED SAKURA GAMES’ other legal rights.

12. Limitation of Liability

a. Your use of our services is at your own risk. We provide our services “as is” and “as available,” without any guarantees. To the fullest extent allowed by law, we disclaim all warranties, including those of quality, reliability, and suitability for any purpose.

b. We are not liable for:

I. Errors or inaccuracies in our services.
II. Personal injury, property damage, or loss of data or profits from using our services.
III. Service interruptions, suspensions, or terminations.
IV. Viruses or harmful links from third parties.
V. Attempts to steal or damage your personal information.
VI. Damages caused by events beyond our control.

c. We are not liable for any indirect, incidental, or consequential damages, even if we knew they were possible.

d. We are not responsible for third-party websites linked to our services. Their terms and privacy policies apply.

e. Our maximum liability to you is limited to the lesser of your direct damages up to the amount you paid us in the past three months, or $500 USD. This limit applies even if any remedy we provide is not fully effective.

13. Limitation on Claims

To the fullest extent allowed by law, any legal claim related to this Agreement or our services must be filed within two years of when you first learn about it. If arbitration applies, you must initiate the arbitration process within this period. If you don’t file your claim within that time, you lose your right to pursue it.

14. Applicable Law and Dispute Resolution

a. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of British Columbia, Canada, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

b. Mandatory Arbitration Clause

I. Any dispute, claim, or controversy arising out of or relating to these Terms, our services, or your use of our services must be resolved through binding arbitration rather than in court.
II. The arbitration will be conducted by the Vancouver International Arbitration Centre (VanIAC) under its arbitration rules.
III. The arbitration will take place in Vancouver, BC, and be conducted in English.
IV. The arbitrator’s decision shall be final and binding on both parties, and the award may be entered as a judgment in a court of competent jurisdiction.

c. Class Action Waiver

I. You agree that all disputes must be resolved individually.
II. You waive any right to participate in a class action lawsuit or class-wide arbitration against WINGED SAKURA GAMES.

d. Costs of Arbitration

I. Each party shall bear its own arbitration costs unless the arbitrator decides otherwise.
II. This does not limit WINGED SAKURA GAMES’ right to seek indemnification (as stated in Section 10) for legal costs related to violations of these Terms.

e. Exceptions to Arbitration

I. The following disputes are not subject to arbitration and may be brought directly in British Columbia courts:

• Disputes involving intellectual property rights (e.g., copyright, trademarks).
• Disputes related to hacking, fraud, piracy, or unauthorized software.
• Any action seeking injunctive relief (e.g., stopping someone from violating rights).

II. Jurisdiction for Non-Arbitrable Claims

• If arbitration does not apply, disputes shall be exclusively resolved in the courts of British Columbia, Canada.
• You consent to the exclusive jurisdiction of British Columbia courts.

15. Modification

a. We may change this Agreement at any time without notice. It’s your responsibility to check for updates. By continuing to use our services after changes are made, you agree to the new terms.

b. If you don’t agree with any changes, you must stop using our services immediately.

16. Non-waiver

If we don’t immediately enforce any of our rights under this Agreement, we don’t give up those rights. We can still enforce them later, and we can still use our other rights.

17. Notice

a. We may send you notices about our services through various ways, including in-game messages, website announcements, or other contact information you’ve given us with consent.

b. Once we send a notice, it’s considered delivered and applies to you. If you don’t agree with a notice, please stop using our services.

18. Termination

a. We reserve the right to terminate your account at any time if we determine that you have violated this Agreement. You can also end this Agreement by deleting our game from your devices and stopping your use of our services. If this Agreement ends, you must stop using our game and delete all copies of it.

b. Even if this Agreement ends, you still have to fulfill any obligations you had before it ended. Our rights and any permissions you gave us remain in effect even after termination, including our right to resolve disputes.

19. Severability

a. If any provision of this Agreement is held to be invalid or unenforceable for any reason, then that provision will be severed, and the rest of the Agreement will remain in effect and be construed as if the severed provision had never been included.

b. If a court or arbitrator of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the remaining terms of this Agreement will remain in effect.

20. No Assignment

a. You may not assign, transfer, charge, or subcontract any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without our express prior written consent. If you attempt to do so without our consent, we may terminate your access to our services.

b. WINGED SAKURA GAMES may assign, transfer, charge, or subcontract any of its rights or obligations under this Agreement at any time.

21. Miscellaneous

a. This Agreement is the complete contract between you and us, and it replaces any prior agreements.

b. “Including” means “including but not limited to.”

c. We are not responsible for delays or failures caused by events beyond our control, such as government actions or natural disasters.

d. We can suspend or terminate anyone’s access to our services, stop providing services, or change our services at any time, for any reason, without notice or compensation.

e. You are entering this Agreement voluntarily and will not receive any compensation beyond what’s stated here.

f. Any attachments to this Agreement are part of it and reflect our agreement as of the effective date.

g. If this Agreement conflicts with local laws in your country, local laws apply.

h. Translation Disclaimer

I. This Agreement may be translated into multiple languages for user convenience. In the event of any inconsistency or discrepancy between the translated version and the English version, the English version shall prevail.

II. WINGED SAKURA GAMES does not guarantee the accuracy of any translated version. If you have any questions regarding the meaning of any terms, please refer to the English version or contact us at wsafkduelists@wingedsakura.com.

22. Contact

If you have questions about this Agreement or need help with any related issues, please email us at wsafkduelists@wingedsakura.com

Attachment: Additional Terms for EU and UK Residents

This section applies to users in the EU and UK.

Right of withdrawal

You can cancel your purchase of Virtual Goods within 14 days of buying them, for any reason. Just email our customer service at wsafkduelists@wingedsakura.com to let us know.

However, you will lose your right to withdraw if you have requested and received full provision of the digital content or service. By requesting immediate delivery of any digital content, you agree that your right to withdraw expires once the content is made available. Similarly, by requesting immediate provision of a service, you agree that your right to withdraw expires when the service is fully provided, and you will not be reimbursed for any portion of the service already provided. Otherwise, if you withdraw within 14 days before full provision, we will reimburse all payments without undue delay using the same payment method you used for the purchase.

You can also use this layout, but it’s optional:

wsafkduelists@wingedsakura.com:

I want to cancel my purchase of [describe purchase and receipt] made on [date], which relates to the WINGED SAKURA GAMES Terms of Service.

[Your name, address, user ID]

[Your signature (if sending by physical mail)]

[Date]

WINGED SAKURA GAMES

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Last updated: March 13, 2025