Terms and Conditions

Last updated: November 30, 2024

Contact Information

1 Chome-1-1 Marunouchi
Chiyoda-ku, Tokyo 100-0005
Japan

Phone: +81362066191
Email: info@jade-leaf.com

These Terms and Conditions constitute a legally binding agreement between you and Jadeleaf. By accessing our website or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you do not agree with any part of these terms, you should not use our website or engage our services. These terms supplement and work in conjunction with our Privacy Policy and other specific service agreements.

User Obligations and Responsibilities

Legal Capacity and Authority

By using our services, you represent that you are at least eighteen years of age or have reached the age of majority in your jurisdiction. If you are entering into an agreement on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

User Conduct Requirements

You agree to conduct yourself in a professional and respectful manner when interacting with our team and using our services. This includes providing accurate information in all communications, respecting intellectual property rights of all parties, maintaining confidentiality of proprietary information shared during projects, and communicating honestly about project requirements and constraints.

Prohibited Activities and Behaviors

You must not engage in any activity that interferes with or disrupts our services or systems, attempts to gain unauthorized access to our systems or data, transmits malicious code or harmful content, violates any applicable laws or regulations, infringes on the rights of others including intellectual property rights, or misrepresents your identity or affiliation with any person or entity.

Content Guidelines and Restrictions

When working with us on game development projects, you agree not to request content that promotes violence against real individuals or groups, contains illegal material or promotes illegal activities, infringes on third-party intellectual property, includes explicit adult content without appropriate disclaimers, or violates platform guidelines where the game will be distributed.

Age Restrictions and Requirements

Our services are designed for adult professionals in the gaming industry. If your project targets younger audiences, we will ensure appropriate content standards are met and help you comply with relevant regulations regarding games for minors.

Compliance and Indemnification

Compliance with Laws and Regulations

You are responsible for ensuring your use of our services complies with all applicable laws in your jurisdiction. This includes but is not limited to data protection laws, consumer protection regulations, intellectual property laws, and industry-specific regulations. We provide services that support compliance, but ultimate legal responsibility rests with you.

Indemnification Obligations

You agree to indemnify and hold harmless Jadeleaf, its officers, employees, and contractors from any claims, damages, losses, or expenses arising from your violation of these terms, your use of our services, your violation of any rights of third parties, or any content you provide to us for inclusion in game development projects.

Privacy and Data Protection Obligations

If your project involves collection of user data, you are responsible for compliance with applicable privacy laws including GDPR, CCPA, and other regulations. We can advise on privacy-friendly approaches and ethical data practices, but you maintain ultimate responsibility for your game's data handling.

Third-Party Interactions

Your interactions with third-party services, platforms, or vendors in connection with your game project are your responsibility. We may recommend partners or platforms, but we do not guarantee their performance or assume liability for their actions.

Disclaimers and Limitations of Liability

Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis. While we strive for excellence in all our work, we make no warranties, express or implied, regarding the uninterrupted availability of our website, the success or profitability of games we help develop, or the achievement of specific outcomes or metrics. We do not warrant that our services will meet all your requirements or expectations.

Limitation of Liability

To the fullest extent permitted by law, Jadeleaf shall not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of our services. This includes but is not limited to loss of profits, loss of data, loss of business opportunity, or reputational harm. Our total liability for any claim arising from our services shall not exceed the amount you paid us for those services in the twelve months preceding the claim.

Exclusion of Consequential Damages

We are not responsible for damages resulting from factors beyond our reasonable control, including but not limited to market changes, platform policy changes, changes in player preferences, technical failures of third-party services, or events constituting force majeure.

Force Majeure Provisions

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, pandemics, government actions, labor disputes, or infrastructure failures. We will make reasonable efforts to minimize delays and communicate proactively about impacts on project timelines.

Governing Law and Dispute Resolution

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan, without regard to conflict of law principles. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of Tokyo, Japan, unless otherwise agreed in writing.

Dispute Resolution Procedures

Before initiating formal legal proceedings, we encourage parties to attempt resolution through good-faith negotiation. If direct negotiation does not resolve the dispute within thirty days, either party may pursue mediation through a mutually agreed mediator. Only after exhausting these informal methods should formal arbitration or litigation be considered.

Severability Clause

If any provision of these Terms and Conditions is found 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 valid and enforceable. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

Terms Modification Policy

We reserve the right to modify these Terms and Conditions at any time. We will provide reasonable notice of material changes through our website or by email to active clients. Your continued use of our services after such modifications constitutes acceptance of the updated terms. For significant changes affecting ongoing projects, we will seek explicit agreement before proceeding.

Additional Legal Provisions

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any specific project agreements, constitute the entire agreement between you and Jadeleaf regarding your use of our services. They supersede any prior agreements or understandings, whether written or oral, relating to the subject matter herein.

Assignment and Transfer

You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations to a successor entity in the event of a merger, acquisition, or sale of assets, provided the successor agrees to honor these terms.

Waiver

Our failure to enforce any provision of these terms shall not constitute a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative of Jadeleaf.

Relationship of Parties

These terms do not create any agency, partnership, joint venture, or employment relationship between you and Jadeleaf. We operate as independent contractors providing professional services.

Questions About These Terms

If you have questions or concerns about these Terms and Conditions, or if you need clarification on any provisions, please contact us. We believe in transparent communication and are happy to discuss these terms.