Terms and Conditions

1. Lawful Conduct

You agree to use our website and services only for lawful purposes and in accordance with these terms. You shall not:

• • Violate any applicable local, national, or international laws or regulations
• • Infringe upon the intellectual property rights of Moonpetal or any third party
• • Engage in any fraudulent, deceptive, or misleading practices
• • Transmit any malicious code, viruses, or harmful materials through our website

2. Accurate Information

When contacting us or providing information about potential projects, you agree to provide accurate, current, and complete information. Providing false or misleading information may result in termination of discussions and could have legal consequences depending on the nature and intent of the misrepresentation.

3. Prohibited Content

You shall not submit or share content through our website that:

• • Is unlawful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• • Violates the privacy or publicity rights of others
• • Contains software viruses or any code designed to interrupt, destroy, or limit functionality
• • Infringes any patent, trademark, trade secret, copyright, or other proprietary rights

4. Professional Conduct

In all interactions with Moonpetal, including website use and project discussions, you agree to maintain professional standards of conduct. This includes respectful communication, honoring confidentiality when appropriate, and acting in good faith throughout any business relationship.

5. Indemnification

You agree to indemnify, defend, and hold harmless Moonpetal, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of your violation of these terms, your use of our website or services, or your breach of any representation or warranty contained herein.

Disclaimer of Warranties

Our website and services are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Moonpetal expressly disclaims all warranties of any kind, whether express or implied, including but not limited to:

• • The implied warranties of merchantability and fitness for a particular purpose
• • The warranty of non-infringement
• • Any warranties arising from course of dealing or usage of trade
• • Warranties regarding the accuracy, reliability, or completeness of website content

No Guarantee of Results

While we work diligently to provide high-quality kawaii game development services, we make no guarantees regarding specific outcomes, commercial success, or market reception of any game or character developed through our services. Game development involves creative and market variables beyond anyone's complete control, and results will vary based on numerous factors.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Moonpetal be liable for any:

• • Indirect, incidental, special, consequential, or punitive damages
• • Loss of profits, revenue, data, use, goodwill, or other intangible losses
• • Damages resulting from your access to or use of (or inability to access or use) our website or services
• • Damages resulting from any unauthorized access to or use of our servers or personal information

This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Moonpetal has been advised of the possibility of such damage.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

Force Majeure

Moonpetal shall not be liable for any failure or delay in performing obligations under these terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, labor conditions, governmental actions, or internet service failures.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms.

Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these terms shall be instituted exclusively in the courts located in Tokyo, Japan. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

Informal Resolution

Before initiating any formal legal proceedings, we encourage you to contact us to seek an informal resolution. Many disputes can be resolved through good-faith discussion, and we're committed to working with you to find fair solutions to any concerns.

Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and Terms of Service, constitute the entire agreement between you and Moonpetal regarding your use of our website and supersede all prior agreements and understandings, whether written or oral, relating to such subject matter.

Severability

If any provision of these terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, that provision shall be severed from these terms. The remaining provisions shall continue in full force and effect.

Waiver

No waiver by Moonpetal of any term or condition set forth in these terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these terms at any time without notice. Any attempted assignment in violation of this section shall be void.

Survival

All provisions of these terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

Headings

The headings in these terms are for convenience only and shall not affect their interpretation. The terms "includes" and "including" shall be interpreted as "including without limitation."

Modification of Terms

Moonpetal reserves the right to modify these Terms and Conditions at any time. We will notify users of material changes by updating the "Last updated" date at the top of this page. Your continued use of our website following such changes constitutes your acceptance of the modified terms.

Language

These Terms and Conditions are written in English. Any translations provided are for convenience only, and in the event of any discrepancy, the English version shall prevail.