Agreement Overview
These Terms of Service (the "Terms") constitute a legally binding agreement between you and Kotoko Inc. ("Kotoko", "we", "us" or "our") governing 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.
1. Scope of Service and Products
Bside offers multiple software products with differing functionality. 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.
The company doesn't guarantee identical features across platforms or transferability of content between them.
2. Eligibility, Age Requirements and Regions
Users must be at least 13 years old. Minors need parental/guardian consent and supervision. 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.
Service availability varies by location.
3. Account
Registration requires providing nickname, age, password, and email or phone number. Users bear responsibility for account confidentiality and must report unauthorized access immediately.
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, all rights cease, software must be deleted, and access stops.
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, not sold. Standard internet charges apply to users per their provider agreement.
5. Restrictions
Users must use Services lawfully and respectfully, prohibited from:
- Violating laws, regulations, or platform rules
- Infringing intellectual property or privacy rights
- Reverse engineering, decompiling, or deriving source code
- Disrupting service integrity or security
- Copying, reproducing, or creating derivative works
- Renting, selling, leasing, or transferring the Software
- Modifying or combining with third-party software
- Commercial exploitation
- 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.
Third-party software undertaking restricted activities is prohibited.
6. User-Generated Content (UGC)
Services allow creating and uploading stories, descriptions, images, and other materials. Users can customize "Biibit" (Original Character) virtual characters. Mobile apps enable story creation where Biibits participate in automated adventures. PC applications allow creating "Spaces" for character interactions.
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.
Prohibited Biibit or Space content includes:
- Pornographic, lewd, obscene, vulgar, discriminatory, illegal, or hate speech material
- Content promoting alcohol, tobacco, gambling, or drugs
- Misleading content imitating Kotoko production
- Malicious code
- Intellectual property infringement
- Content damaging Kotoko's reputation
The company implements content moderation through filtering systems, reporting mechanisms, and user blocking features. 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
Services may generate content through automated systems or artificial intelligence technologies ("AI-Generated Content") including interactions, events, images, and dialogue, potentially without real-time input.
You acknowledge and agree that AI-Generated Content is produced automatically and may be unpredictable in nature.
AI content is for entertainment purposes only and doesn't constitute factual information or professional advice. Kotoko makes no representations or warranties regarding the accuracy, completeness, appropriateness, or reliability of any AI-Generated Content.
Users bear sole responsibility for interpreting and using such content. Technical safeguards exist but don't guarantee error-free 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
Services offer virtual currency and goods ("Virtual Items") for purchase. 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 cannot be transferred, sold, exchanged, or refunded except as required by law. Randomized purchase mechanisms disclose probability rates beforehand. One-time purchases provide time-limited benefits without automatic renewal.
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.
Kotoko isn't responsible for third-party payment processing or disputes. Services may integrate with third-party platforms requiring separate terms and accounts.
9. Messaging, Social Features and Communities
Services include messaging and social interaction features. Communications may be monitored per applicable law 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
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.
Software is licensed, not sold. In no event will the Software be deemed to be "open-source" or "publicly available" software.
11. Fees
The Software is generally free, though certain features may require payment ("Paid Content") disclosed before 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 where required by law, all fees are non-refundable. Kotoko reserves rights to modify or discontinue Paid Content and pricing anytime.
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.
Use is at user's 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.
No guarantees regarding access availability, capacity, or geographic service adequacy.
13. Privacy and Data Protection
We collect and process 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.
Maximum liability doesn't exceed fees paid during the preceding twelve months.
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 isn't liable for modifications except where applicable law requires.
17. Contact Information
Kotoko Inc.
200 Continental Drive, Suite 401, Room 434
Newark, DE 19713, United States
Email: media@bside.zone