Last Updated: August 6th, 2026
Please read these Terms of Service (“TOS“) carefully before viewing or using our Service. These TOS govern your use of Twin Tales (the “App“). The “Service” means the personalized service provided by us for discovering and accessing the App content, including all features and functionalities, recommendations and reviews, and user interfaces, as well as all content and software associated with our service.
As used in these TOS, “we“, “us“, or “our” refer to ENSAPIA Tokyo Corporation.
Section 1. Your Agreement to these TOS and Future Changes
1.1. Legal Agreement: These TOS are a legal agreement between you and us. The App and the Service are licensed, not sold, to you by us. We reserve all rights in and to the Service not expressly granted to you under these TOS.
1.2. Modifications: We may modify these TOS, at our sole discretion, effective immediately upon posting of the revised TOS, and you agree to and accept this condition. Material changes to these TOS will be announced by posting them in the mobile application stores where the Service is available. You are responsible for checking these TOS each time before using the Service. Continued use of the Service following the posting of changes means that you accept and agree to the updated TOS.
1.3. UK or EU Residents: If you are a resident of the United Kingdom or the European Union, we can modify our Service and/or TOS:
(a) to reflect changes in relevant laws and regulatory requirements
(b) to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don’t affect your use of the Service
(c) to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.
However, for more significant changes to the TOS and/or the Service, we notify you of any changes in advance and please see the contact page on the Service if you would like to end these TOS before the changes take effect and receive a refund for any Service you’ve paid for in advance, but not received.
Section 2. Scope of License
2.1. License Grant: Your rights under these TOS are limited to a personal, non-commercial, nontransferable license to use the Service on devices that you own or control and as permitted by the usage rules for the applicable mobile app store through which you accessed the App (if applicable) or other terms and conditions applying to your device.
2.2. Restrictions: These TOS do not allow you to use the Service on any device that you do not own or control, and except as provided in the rules relating to your device, you may not distribute or make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell your device to a third party, you must remove the Service before doing so.
2.3. Reverse Engineering: You may not copy (except as expressly permitted by these TOS and the rules for your device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Service). Any attempt to do so is a violation of the rights of us and our licensors. If you breach this restriction, you may be subject to prosecution and damages.
2.4. Upgrades: These TOS will govern any upgrades provided by us that replace and/or supplement the Service, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
2.5. Store Terms: You acknowledge that these TOS are concluded solely between you and us, and not with any mobile application store from which you downloaded the App (for example, Apple Inc. or Google Inc.), and that we are solely responsible for the Service and the content thereof, except as otherwise provided in these TOS.
2.6. No Ownership: Use of the term “purchase” in these TOS does not imply that you obtain any ownership rights to the Service or any virtual currency or virtual goods.
Section 3. Intellectual Property Rights
3.1. Ownership: All content included in the Service, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software is owned by us or our licensors and protected by applicable copyright laws.
3.2. Trademarks: The Service may include registered and unregistered trademarks owned by or licensed to us, which may not be copied, imitated or used, without our prior written permission. You agree that you will not apply for, register, or otherwise use or attempt to use any of our trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold in our sole discretion.
Section 4. Charges and Payments
4.1. General Charges: If there is a charge associated with our Service, you agree to pay that charge to access our Service. If any portion of our Service is free, there may still be charges for additional content within our Service, including virtual currency and virtual goods, and you agree to pay those charges to obtain such virtual currency or goods. You may be able to prevent purchase of such additional content by adjusting your device’s settings.
4.2. Taxes and Fees: Prices for our Service exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using our Service even if our Service itself is free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of our Service.
4.3. Refund Policy: Any amounts paid for the App, Happy, or other Virtual Content are final and non-refundable, except to the extent required by applicable law or as expressly set forth in these Terms.
Section 5. Special Provisions for Specific Jurisdictions (Refunds & Cancellation)
5.1. United Kingdom and European Union Residents:
(a) General Right to Cancel: You have a legal right to change your mind about your purchase of the Service and receive a refund of what you paid for it within 14 days after the day we confirm we have accepted your order, subject to Section 5.1(b).
(b) Exceptions / Loss of Right to Withdraw:
(i) Digital Content: If you purchase any digital content (for example, Happy or an in-game item), you consent that we may make available to you the App and any virtual currency or virtual goods directly after your order has been accepted by the Apple App Store, Google Play or other mobile application store. As a result, you hereby expressly acknowledge and agree that once the download or delivery of the digital content begins, you lose your legal right to withdraw from the purchase.
(ii) Services: If you purchase a service (for example, a subscription to a cloud-based game), you consent that we may make the service available to you immediately after your order has been accepted. As a result, you hereby expressly acknowledge that you lose your legal right to withdraw from the purchase once the service has been fully performed. If you cancel a subscription before it is fully performed, you will be charged for the services received up to the time you notified us of your cancellation.
(c) How to Exercise the Right: To let us know you want to change your mind, please see the contact page on the Service. We will refund you as soon as possible and within 14 days of you telling us via the original payment method without any additional fee.
(d) Defective Content: If there is something wrong with our Service, please see the contact page on the Service. We honor our legal duty to provide you with the Services that are as described to you on the App and that meet all requirements imposed by law.
Section 6. Virtual Content and Loot Boxes
6.1. Virtual Content License: When using the Service, we may provide you with opportunities to acquire a limited, personal, revocable, non-transferable, and non-sublicensable license to access virtual goods, including without limitation, avatars, avatar outfits, decorations, and other items (the “Virtual Goods”), and in-game currency (“Happy”), associated with your account (collectively, “Virtual Content”). We may permit you to use “real-world” money to buy Happy to obtain Virtual Goods that can be used within the Apps.
6.2. Nature of Virtual Content: You agree that you only get a license to access Virtual Content. You have no ownership, property, or monetary interest in any of the Virtual Content. Virtual Content has no monetary value, is generally game-specific, and you cannot redeem Virtual Content for any type of “real world” money, legal tender, or items of value outside of the App.
6.3. Happy Usage and Expiration: Happy acquired for free will be used first. We may decide and modify the unit price of the Happy and the number of Happy required to get Virtual Goods, at our sole discretion, without your consent. The expiration date of Happy may be determined at our sole discretion. We reserve the right to forfeit or cancel any remaining Happy in your account if you delete your account, fail to log in for more than one consecutive year, or if your account is suspended or terminated due to a violation of these TOS.
6.4. Transfer and Gifting Restrictions: Virtual Content cannot be sold, bartered, or transferred to a third party (unless a transfer is expressly permitted within the App) and cannot be exchanged for or converted to cash. You may gift Virtual Goods to other users in the App if you have duplicate Virtual Goods; however, you shall not receive any monetary compensation, Virtual Content, or any other items of value in exchange for such gifts.
6.5. Loot Boxes: In certain jurisdictions, our Service may offer “loot boxes” as part of the gaming experience. These virtual containers provide randomized in-game items or rewards. By participating in loot box features, you acknowledge that the contents of loot boxes are randomly generated and that outcomes are not guaranteed. You understand that the acquisition of items through loot boxes is based on chance and may involve Happy. The Virtual Goods obtained through loot boxes are subject to all the restrictions set forth in Section 6.4.
Section 7. User Account and Registration
7.1. Account Responsibility: You are responsible for any activity that occurs through your App account. To help maintain control over the account and prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service. You agree to provide and maintain accurate, true, complete, and current information relating to your account. If the registered information changes, please update your profile promptly.
7.2. Use of Your Personal Data: We may ask you to submit personal information in order to use certain features of the Service. You agree to provide and maintain true, accurate, complete, and current information. If you provide any information that is untrue, inaccurate, incomplete, or not current, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service by you.
7.3. Privacy and Consent: We are committed to protecting your privacy. Please review our Privacy Policy, which explains what information we collect from you and how that information is used. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
7.4. Account Security: We can terminate your account or place your account on hold in order to protect you or the security of the Service. If the information you registered with us has changed, please update your profile.
Section 8. Minor Users
8.1. Parental Consent: The Service is not intended for children under the age of 13 or, if higher, the minimum digital age of consent applicable in your country or jurisdiction. If you are under the applicable minimum age, do not use or provide any information to us. If you are over the applicable minimum age but under 18 years old (or the legal age of majority in your jurisdiction), you may use the Service only with the consent of your parent or legal guardian. In the United States, if you are under 16 years old, you must obtain consent from a parent or guardian specifically before purchasing Happy.
8.2. Monitoring Responsibility: If you are a parent or guardian over the age of 18, you agree to monitor use of the account by persons younger than the age of 18. You agree to accept full responsibility for any unauthorized use of your account by persons under the age of 18, including responsibility for any use of your credit card or other payment instrument.
Section 9. User Generated Content
9.1. License to User Content: The Service may enable you to create, submit, post, display, upload, transmit, or distribute communications, content, and materials through the App (“User Content”). We have no obligation to accept, display, review, maintain or otherwise exploit any User Content. You agree that User Content is not confidential and will not be returned to you.
9.2. Grant of Rights: You hereby grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose User Content via the Service or by any other means. Except as prohibited by law, you waive any rights of attribution and/or any moral rights (including the rights under Articles 27 and 28 of the Japanese Copyright Act) you may have in User Content.
9.3. DMCA and Copyright Infringement Notice: If you believe that any User Content infringes copyright rights held by you, you may contact us at support@pockettwin.zendesk.com with the following information:
(a) A description of the copyrighted work claimed to be infringed;
(b) A description of where the material is located in the Service;
(c) Your address, telephone number, and e-mail address;
(d) A statement of good-faith belief that the use is not authorized;
(e) A statement made under penalty of perjury that the information is accurate; and
(f) An electronic or physical signature of the authorized individual.
Section 10. Prohibited Conduct and Account Enforcement
10.1. Content Restrictions: You agree not to post, upload, transmit, distribute or otherwise publish any content that:
(a) infringes any intellectual property or other proprietary rights
(b) you do not have a right to do so
(c) poses a privacy or security risk
(d) is threatening, abusive, harassing, or bullying
(e) depicts realistic serious violence
(f) is defamatory or verifiably false with the purpose of harming others
(g) constitutes hate speech
(h) is obscene or pornographic
(i) constitutes sexual harassment
(j) constitutes sexual exploitation or abuse of a minor
(k) glorifies or provides instructions for self-harm
(l) promotes terrorism
(m) furthers criminal activity
(n) seeks to buy or sell illegal drugs
(o) is objectionable or restricts any other person from enjoying the Service.
10.2. Behavioral Restrictions: You further agree not to engage in any of the following conduct:
(a) archive, download, reproduce, distribute, modify, display, or use contents without our approval
(b) interfere with or disrupt the Service, servers, or networks
(c) circumvent any security features or access limitations
(d) infringe any right of any person
(e) use the Service to violate applicable laws, public order, or morals
(f) harm minors in any way
(g) reveal personal information about another individual
(h) pursue or solicit romantic relationships online
(i) stalk, threaten or harass another person
(j) use the Service for unsolicited advertising or commercial solicitation
(k) advertise political or religious activities
(l) maintain multiple accounts on one device without approval
(m) sell, share, or give accounts to other users
(n) modify, damage, decompile, reverse-engineer, or disassemble the Service
(o) obtain in-game contents through fraudulent or deceptive means
(p) defraud or mislead us or other users
(q) impersonate any person or entity
(r) use another user’s account to circumvent a suspension or ban
(s) cheat, use, develop or distribute automation programs (“bots”), “macro” software, or “cheat utility” applications.
10.3. Unauthorized Refunds and Chargebacks: You are strictly prohibited from initiating a chargeback or requesting a refund directly through a mobile application store (e.g., Apple App Store, Google Play Store) without our prior written approval, or retaining any Virtual Content after receiving such an unauthorized refund.
10.4. Company Remedies: We reserve the right to investigate and take appropriate action against anyone who we conclude, in our sole discretion, has violated any provision of this Section 10. Such actions may include, without limitation, restricting the visibility of content, removing content, temporary or permanent account suspension, permanent termination of your account, forfeiture of all Virtual Content, and reporting to law enforcement.
Section 11. Protection from Illegal Content (UK and EU Residents Only)
11.1. Scope of Protection: If you are a resident of the United Kingdom or the European Union, the provisions in this Section 11 set out the measures we take to protect you from illegal content and outline the technologies we utilize to assist us in these efforts.
11.2. Terrorism Content: We actively minimize the length of time for which terrorism-related content is present on the Service. We will swiftly remove or disable access to terrorism content immediately upon becoming aware of it.
11.3. Child Exploitation and Abuse: We will minimize the length of time for which child sexual exploitation and abuse (CSAE) content is present on the Service. We will swiftly take down any such content immediately upon discovery.
11.4. Other Offensive and Criminal Content: We will minimize the length of time for which other content constituting a criminal offense is present on the Service. This includes, but is not limited to, content relating to: assisting suicide, threats to kill, public order offenses, harassment, stalking, fear or provocation of violence, illegal drugs and psychoactive substances, firearms and other weapons, assisting illegal immigration, human trafficking, sexual exploitation, non-consensual sexual images, proceeds of crime, fraud, unauthorized financial services, foreign interference, animal welfare, and any inchoate offenses (assisting or attempting to commit any of the foregoing). We will swiftly take down such content upon discovery.
Section 12. Reporting and Complaints (UK and EU Residents Only)
12.1. Right to Report: If you are a resident of the United Kingdom or the European Union, you may report or complain about the following content and behaviors:
(a) Content you consider to be illegal;
(b) Situations where you believe we are not handling illegal content or activity in accordance with our obligations;
(c) Concerns that our content reporting systems do not easily allow users to report content they believe to be illegal or harmful to children;
(d) Concerns that we have insufficiently considered the importance of protecting users’ rights to freedom of expression or privacy;
(e) Situations where your content has been removed on the basis that it is illegal;
(f) Actions where we have issued a warning, suspended, banned, or restricted you as a result of your content which we consider to be illegal; or
(g) Instances where automated technology results in your content being taken down, restricted, or demoted, and you believe such technology was used in a manner inconsistent with these TOS.
12.2. Reporting Method: To submit a report or complaint, please use the contact form on the contact page inside the App or email us at support@pockettwin.zendesk.com.
Section 13. Rights of Claim for Content Restrictions (UK Residents Only)
13.1. Claim for Restricted Content: If you are a resident of the United Kingdom and we remove or restrict access to any content generated, uploaded, or shared by you using the Service without a contractual right to do so under these TOS, you may have a right to bring a claim against us for breach of contract, subject to the limitations of liability set forth in these TOS.
13.2. Claim for Account Suspension: If you are a resident of the United Kingdom and we suspend or ban you from using the Service without a contractual right to do so under these TOS, you may have a right to bring a claim against us for breach of contract, subject to the limitations of liability set forth in these TOS.
Section 14. Third-Party Services
14.1. Third-Party Connections: The Service may contain links, login interfaces, and other connections to third-party websites and applications. Such third-party services are provided solely as a convenience to you. We are not responsible for, and do not sponsor or endorse, the content, products, or services of any third-party services.
14.2. Assumption of Risk: Use of third-party services may require you to accept additional terms and conditions. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third-party services. You agree that your use of any third-party services is at your sole risk.
14.3. Data Disclosure and Governing Terms: In particular, you acknowledge and agree that the use of a third-party service may cause personally identifying information to be publicly disclosed and/or associated with you. The Terms of Service, Privacy Policy and any other terms designated by the third-party service will govern your use of that specific service. If you have any questions, concerns, or complaints about a third-party service, please contact the support or contact personnel of that third-party service directly.
Section 15. Service Changes, Suspension, or Termination
15.1. Service Alterations: We reserve the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability. You agree that we may alter the Service, change the various terms, and change or eliminate parts of the Service without contacting you in advance.
15.2. Maintenance Closures: You agree that we may temporarily suspend the Service without prior notice for regular or emergency maintenance. During such periods, you may be unable to access any information stored on the Service.
15.3. License Termination: The license granted herein is effective until terminated by you or us. Your rights under these TOS will terminate automatically without notice from us if you violate any terms listed in these TOS. Upon termination, you shall cease all use of the Service and delete all copies of the Service.
15.4. Forfeiture upon Termination: You may, as the result of termination, lose your App account and all information, data, and Virtual Content (including Happy) associated with it. You will not be entitled to any refund, reimbursement, or compensation as a result of any termination permitted under these TOS for any reason, whether by you or us.
Section 16. Disclaimers (No Warranty)
16.1. “As Is” Provision: YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
16.2. Disclaimer: WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME EXCLUSIONS MAY NOT APPLY TO YOU.
Section 17. Limitation of Liability
17.1. Non-UK/EU Residents: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED FIFTY U.S. DOLLARS ($50.00).
17.2. UK and EU Residents: We are responsible for losses you suffer caused by us breaking these TOS unless the loss is:
(a) Unexpected (unforeseeable)
(b) Caused by a delaying event outside our control
(c) Avoidable by your reasonable action (e.g., failure to apply a free update)
(d) A business loss (as the Service is for non-commercial personal use).
Section 18. Indemnification
18.1. Indemnity: You agree to defend, indemnify and hold harmless us, our affiliates, and other users from and against any and all claims, damages, costs, and expenses (including attorneys’ fees) arising from or related to your use of the Service and any breach of these TOS or the Privacy Policy.
18.2. California Waiver: If you are a California resident, you waive California Civil Code Section 1542, which states:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Section 19. Third-Party Beneficiary (Mobile App Stores)
19.1. Third-Party Beneficiary Grant: You acknowledge and agree that the mobile application store from which you obtained the App or any service available via the App (including Apple Inc. and Google LLC) is a third-party beneficiary of these TOS. Upon your acceptance of these TOS, such mobile application stores will have the right (and will be deemed to have accepted the right) to enforce these TOS against you as a third-party beneficiary thereof.
19.2. Limitation of Store Liability: You acknowledge that, in the event of any user or third-party claim relating to the Service or your possession and use of the Service, the mobile application store from which you obtained the App will not have any responsibility for the investigation, defense, settlement, and discharge of any such claim. This includes, but is not limited to:
(a) product liability claims;
(b) claims of failure to conform to any applicable legal or regulatory requirement;
(c) claims arising under consumer protection or similar legislation; and
(d) claims of infringement of a third party’s intellectual property rights.
Nothing in these TOS limits our liability to you beyond what is permitted by applicable law.
Section 20. Dispute Resolution and Arbitration (US Residents)
20.1. Definition of Dispute: As used in these TOS, “Dispute” means any dispute, claim, demand, action, proceeding, or other controversy between you and us concerning the Service and your or our obligations and performance under these TOS, our Privacy Policy, or with respect to the Service, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. However, “Dispute” does not include a claim to enforce or protect, or concerning the validity of, any of your or our (or any of our licensors’) intellectual property rights, or a claim related to, or arising from, allegations of theft, piracy, or unauthorized use.
20.2. Scope and Application: The mediation and binding arbitration provisions in this Section 20 apply solely to users who are located in the United States. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. You may opt out of arbitration within a limited period as set forth in Section 20.6 below.
20.3. Informal Negotiation: You and we agree to attempt in good faith to resolve any Dispute informally before commencing arbitration. Unless you and we otherwise agree in writing, the time for informal negotiation will be sixty (60) days from the date on which you or we provide written notice of the Dispute. You and we agree that neither party will commence arbitration before the end of the time for informal negotiation.
20.4. Binding Arbitration: If informal negotiation is not effective, the Dispute shall be resolved through binding arbitration conducted before a single arbitrator under the Commercial Rules of the American Arbitration Association (AAA). Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Rules, Consumer Due Process Protocol, and the Supplementary Procedures for Consumer Related Disputes. Unless the claim is for more than ten thousand U.S. dollars ($10,000.00), the arbitration shall be conducted solely through the submission of documents, by phone, or online. The arbitrator shall make a decision in writing and shall provide a statement of reasons if requested by either party.
YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD. Nothing herein will prevent us or you from pursuing a claim in small claims court with applicable jurisdiction.
20.5. Class Action Waiver and Limitation: You and we agree that any arbitration shall be limited to the Dispute between us and you individually. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this provision is determined to be unenforceable, then the entirety of this Section 20 (Mediation and Binding Arbitration) shall be null and void.
20.6. Opt-Out Right: You can reject and opt-out of this binding arbitration agreement within thirty (30) days of your first use of the Service by emailing us at support@pockettwin.zendesk.com stating your intent to opt-out of the binding arbitration. Note that opting out of this arbitration agreement does not affect any other part of these TOS, including the provisions regarding controlling law or in which courts any disputes must be brought.
Section 21. Dispute Resolution for UK/EU Residents
21.1. Alternative Dispute Resolution (ADR): If you are a resident of the United Kingdom or the European Union and we cannot resolve a Dispute with you directly, you may request an alternative dispute resolution (“ADR”) procedure. ADR resolves disputes between you and us outside of court. Upon request, we will provide the name and website address of a competent ADR provider to handle your issue.
21.2. Governing Law for UK/EU Residents: To the extent permitted by your local laws, the laws of England and Wales govern these TOS and your use of our Service.
21.3. Jurisdiction and Forum: You can bring claims against us in the courts of the country you live in, and we can claim against you in the courts of the country you live in.
Section 22. Governing Law and Jurisdiction
22.1. Governing Law: Except as otherwise explicitly required by the mandatory consumer protection laws of your jurisdiction, these TOS and any Dispute shall be governed by, and interpreted in accordance with, the laws of Japan, without regard to principles of conflict of laws.
22.2. Exclusive Jurisdiction: Subject to mandatory local laws that grant consumers the right to bring disputes before their local courts (such as in the UK/EU), you agree that any claim or dispute against us must be resolved exclusively by the Tokyo District Court in Japan.
Section 23. Miscellaneous
23.1. Severability: If any provision of these TOS is deemed invalid or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining portions.
23.2. Delay in Enforcement: No delay or failure to take action under these TOS shall constitute a waiver by us of any provision.
23.3. Complete Agreement: These TOS and the Privacy Policy constitute the complete agreement between you and us and supersede all prior agreements or representations.
Contact Information
If you have any questions, complaints, or claims with respect to the Service or these TOS, please contact us at:
[ENSAPIA Tokyo Corporation]
Email: support@pockettwin.zendesk.com
Address: 3-1-18 Wakabayashi, Setagaya-ku, Tokyo, 154-0023, Japan
Please note that Apple Inc., Google LLC, or any other mobile application store provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App. All support inquiries must be directed solely to us at the contact details above.
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.