Agreement Overview

These Terms of Service (the “Terms”) constitute a legally binding agreement between you and Kotoko Inc. (“Kotoko”, “we”, “us” or “our”) governing your access to and use of our products, software, websites, and related services, including but not limited to the mobile application known as “Bside”, the PC application distributed via Steam under the name “Bside: Desktop Mate”, the official website located at www.bside.zone, and any related features, content, or services (collectively, the “Services”, “Software”).

These Terms apply to all users who access or use the Services through any supported platform, including Apple App Store, Google Play, Steam as well as any other platforms that may be added in the future.

By downloading, installing, accessing, or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference and forms an integral part of this agreement.

We license use of the Software to you on the basis of this License. We do not sell the Software to you and we remain the owners of the Software at all times.

You understand and agree that we may add to or change the terms of this License at any time. Any change to the terms shall be effective immediately and your continued use of the Software shall constitute ongoing acceptance of the updated terms.

1. Scope of Service and Products

We provide multiple software products and services under the Bside brand, which may differ in functionality, features, and user experience.

The Mobile App and Bside: Desktop Mate are separate software products. Certain data associated with your Account may be shared or synchronized across platforms, including, without limitation, Biibit character data, customization items, account login credentials, user nicknames, and certain virtual currency balances. Not all features, content, or virtual goods available on one platform will necessarily be available on another.

We do not guarantee that the Services offered on different platforms will be identical or that content, features, or virtual items will be transferable or usable across platforms, except as expressly stated.

2. Eligibility, Age Requirements and Regions

You must be at least 13 years of age to access or use the Services. If you are under the age of majority in your jurisdiction, you may only use the Services with the consent and supervision of your parent or legal guardian, who agrees to be bound by these Terms on your behalf.

By using the Services, you represent and warrant that you meet the applicable age requirements and that your access to and use of the Services is permitted under the laws and regulations applicable to your jurisdiction.

We make no representations that the Services are appropriate or available for use in all locations. Access to or use of the Services may be restricted or prohibited in certain jurisdictions.

3. Account

In order to access and use the Software, you may be asked to register and open an account ("Account"), when you register an account, we collect your nickname, age, password, email or mobile phone number to help you complete the registration and login process. Our Privacy Policy explains how such information may be collected and used.

You are responsible for maintaining the confidentiality of your Account information and for all activities that occur under your Account. You agree to notify Kotoko immediately of any unauthorized use of your Account or any other breach of security.

We reserve the right to suspend, restrict, or terminate your Account, or limit your access to the Services immediately if you have violated these Terms, applicable laws, or platform rules, or if your conduct poses a risk to the Services, other users, or us.

Upon termination for any reason:

• All rights granted to you under the Terms shall immediately cease;
• You must immediately cease all activities authorized by the Terms;
• You must immediately delete or remove the Software from all computer equipment;
• Your access to and use of the Game will immediately cease.

4. Grant and Scope of License

Subject to your registration and compliance with this License, we grant you a limited, revocable, royalty-free, non-exclusive, non-transferable, non-sub-licensable license to use the Software, solely for your personal and non-commercial use.

The Software is licensed to you, not sold. We retain all right, title, and interest in and to the Software, including all intellectual property rights therein.

When downloading and accessing the Software, or uploading content from the Software, standard network and/or broadband charges may apply according to your contract with your internet provider, which you are solely responsible.

5. Restrictions

You agree to use the Services in a lawful, respectful, and responsible manner. You undertake that you will not (and will not permit or encourage others to):

• Violate any applicable laws, regulations, or platform rules;
• Infringe or misappropriate the intellectual property rights, privacyrights, or other rights of any third party;
• Reverse engineers, decompiles, disassembles, or otherwise attempt to derive the source code of the Software, except to the extent expressly permitted by applicable law;
• Interfere with, disrupt, or compromise the integrity, security, or performance of the Services or any related systems or networks;
• Copy, reproduce, disassemble, decompile, reverse-engineer or create derivative works of the Software;
• Rent, sell, lease, sub-license, loan, publish, display, distribute or otherwise transfer the Software to a third party;
• Modify, merge, adapt, vary or make alterations to the Software;
• Combine any third-party software with the Software;
• Exploit the Software for any commercial purpose;
• Cheating, hacking, exploiting bugs, using unauthorized third-party software, bots, scripts, or automation tools to bypass or seek to bypass any security or technical measures relating to the Software.

You must not use any third-party software (including any game client which has not been developed by Kotoko) which undertakes any of the restricted activities above. Under the event of any change of control, merger, acquisition, reorganization, or liquidation, we will ask the new entity to continue processing your Personal Data in accordance with this Privacy Policy.

6. User-Generated Content (UGC)

The Services allow you to create, upload, submit, or otherwise make available User-Generated Content (“UGC”), including but not limited to stories, descriptions, text, images, screenshots,or other materials.

You can be allowed to create, customize, or configure as a virtual character “Biibit” (Original Character, “OC”) within the Services. A Biibit may interact with users or other characters through automated systems or artificial intelligence features and may generate related content or behaviors.

On the mobile application, users may create user-generated story content (“Stories”), which enables Biibit characters to participate in automated or idle adventure experiences. Such UGC may include, without limitation, a story title, description, narrative events, and scene images. Except for scene images, most Story content consists of text-based materials.

On the PC application (Bside: Desktop Mate), users may create virtual spaces (“Spaces”) in which multiple characters may gather, interact, and engage in automated conversations or activities.

You are solely responsible for your UGC and represent and warrant that your UGC complies with these Terms, applicable laws, and platform rules, and does not infringe any third-party rights.

You may not create a Biibit or Spacethat is considered:

• Pornographic, lewd, obscene, vulgar, discriminatory, illegal, hate speech, or promoting violence;
• Promoting alcohol-use, tobacco-use, gambling, or drug use;
• Misleading or intended to imitate content produced by Kotoko;
• Contains malicious code (viruses, spyware);
• Infringes intellectual property rights of any party;
• Likely to adversely impact the reputation of Kotoko.

We are committed to maintaining a safe and respectful environment and have implemented reasonable measures to address objectionable or abusive content, including:

• Content Moderation. We provide and operate content moderation systems designed to filter, detect, and address illegal or prohibited content. Kotoko may, but is not obligated to, review, monitor, moderate, restrict, or remove any UGC, and may use automated and/or manual moderation mechanisms to enforce these Terms and applicable laws;
• Reporting Mechanism. Users may report content or user behavior they believe to be offensive, abusive, or in violation of these Terms through in-app reporting tools or other designated channels. We will review such reports and take appropriate action within a reasonable time.
• User Blocking. Users may block or mute other users whose behavior they find abusive or inappropriate, which may limit or prevent further interaction through the Service.
• Contact Information. We publish and maintain contact information through which users may contact us regarding content-related concerns, complaints, or questions.

We reserve the right, but do not assume the obligation, to monitor, remove, restrict access to, or take other appropriate action with respect to any UGC at our sole discretion.

Important: Kotoko assumes no obligation to audit, regulate, or approve Biibits and Spaces. Creation or use is completely at your own risk, and you will be solely responsible for any obligations, damages or losses which arise from such content.

7. AI-Generated Content and AI Features

Certain features of the Services may generate content, interactions, events, images, videos, or other materials through automated systems or artificial intelligence technologies (“AI-Generated Content”). Such features may include, without limitation, interactions involving Biibits, adventure events, automated dialogues, and multimedia content generated during gameplay or use of the Services.

You acknowledge and agree that AI-Generated Content is produced automatically and may be unpredictable in nature. Certain AI-Generated Content may be produced automatically during idle, background, or automated gameplay features without real-time user input. You understand that such content is not reviewed in advance, may be unpredictable, and does not reflect the views or intent of Kotoko.

AI-Generated Content is provided for entertainment purposes only and does not constitute factual information, professional advice, or guarantees of any kind. Kotoko makes no representations or warranties regarding the accuracy, completeness, appropriateness, or reliability of any AI-Generated Content.

Your use of AI-Generated Content is at your own discretion and risk. You are solely responsible for how you interpret, use, or rely on such content.

Kotoko may implement technical measures, safeguards, or content moderation mechanisms in connection with AI features, but does not guarantee that AI-Generated Content will be free from errors, interruptions, or inappropriate outputs.

Important: Your decision to enable or continue using such features constitutes acceptance of the potential generation of AI-Generated Content under these circumstances.

8. Purchases, Payments and Third-Party Services

The Services may offer virtual currency, virtual goods, and other digital items or benefits for purchase or use within the Services, including but not limited to virtual currency (such as diamonds), character appearances, items, and special features (collectively, “Virtual Items”).

Virtual Items are digital products that have no real-world monetary value, are not legal tender, and do not constitute currency or property of any kind outside the Services. Virtual Items may not be transferred, sold, exchanged, redeemed for real-world value, or refunded, except as expressly required by applicable law or platform rules.

Certain Virtual Items may be obtained through randomized or chance-based mechanisms. We will disclose, prior to purchase, the probability of obtaining each type of Virtual Item where such mechanisms are offered. You acknowledge and agree that the results of such mechanisms are random in nature and that we do not guarantee the availability of any specific Virtual Item. Certain randomized purchase features may be restricted or unavailable to minors in certain jurisdictions.

Some Virtual Items may be offered as one-time purchases that provide time-limited benefits. Unless expressly stated otherwise, such purchases do not renew automatically.

All purchases made through the Services are processed by third-party payment providers, including Apple IAP (In-App Purchase) or Google Play IAP, in accordance with their respective terms and policies. We do not control and are not responsible for the payment processing services provided by such third parties. Any disputes, chargebacks, refunds, or payment-related issues shall be handled in accordance with the applicable platform or payment provider’s rules.

The Services may also integrate with or provide access to third-party services or platforms. Kotoko is not responsible for the content, availability, or practices of any third-party services.

From time to time the Software may integrate with other third-party services or platforms. These services may require you to agree to separate terms and conditions and set up separate accounts.

You should make yourself aware of the terms and conditions of any third-party provider before agreeing to receive such services.

9. Messaging, Social Features and Communities

The Services may include messaging, chat, or social interaction features, including private or group communications. You acknowledge that communications through the Services may be monitored, moderated, or reviewed in accordance with applicable laws and these Terms.

Kotoko does not guarantee the confidentiality or security of any communications made through the Services and is not responsible for any content shared by users through messaging or social features.

10. Intellectual Property Rights

You acknowledge, accept and agree that all title, ownership rights and intellectual property rights in and to the Software and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, storylines, catch phrases, locations, concepts, artwork, landscape designs, animations, sounds, musical compositions, recordings and audio-visual effects) anywhere in the world belong to us and/or our third-party licensors.

You acknowledge that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this License.

In no event will the Software be deemed to be "open-source" or "publicly available" software.

11. Fees

The Software is generally provided free of charge. However, certain features, content, virtual items, or additional services within the Services may require payment (“Paid Content”). Any applicable fees will be clearly disclosed to you prior to purchase.

All payments for Paid Content are optional and are processed through third-party payment providers in accordance with their respective terms and policies. Except as required by applicable law or platform rules, all fees paid are non-refundable.

Kotoko reserves the right to modify, introduce, or discontinue Paid Content or related pricing at any time.

12. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS, WITHOUT WARRANTY, PERFORMANCE ASSURANCES, OR GUARANTEES OF ANY KIND.

Your use is at your sole risk. Kotoko does not warrant that the Software will be error-free, or that the Software will interoperate or be compatible with any other software or that any errors in the Software will be corrected.

We do not guarantee that you will be able to access or use the Software at times or locations of your choosing, or that we will have adequate capacity for the Software as a whole or in any specific geographic area.

13. Privacy and Data Protection

We collect and processe personal data in accordance with the Privacy Policy. By using the Services, you acknowledge that you have reviewed and understood the Privacy Policy.

14. Limitation of Liability

Kotoko shall not be liable in any way for any loss or damage of any kind arising out of the Software or any use of the Software, including without limitation:

• Loss of data, computer failure or malfunction;
• Loss or damage to digital assets such as characters, virtual goods or currency;
• Interruptions of service, including ISP disruptions or hardware failures;
• Any indirect, incidental, special, exemplary or consequential damages.

To the maximum extent permissible by law, our total liability shall not exceed the fees actually paid by you to Kotoko during the twelve (12) months prior to the cause of action.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of laws principles.

16. Modifications

We reserve the right, at any time and at our sole discretion, to modify, update, suspend, discontinue, or remove any part of the Services, including but not limited to features, functionality, content, virtual items, AI models or outputs, gameplay mechanics, automated or idle activities, UGC tools, cross-platform synchronization, and system requirements, with or without notice.

Kotoko shall not be liable to you or any third party for any such modifications, updates, suspensions, or discontinuations, except as required by applicable law.

17. Contact Information

Kotoko Inc.

200 Continental Drive, Suite 401, Room 434

Newark, DE 19713, United States

Email: media@bside.zone