This English version is a reference translation.
In the event of any discrepancy, the Japanese version shall prevail.
Tapfun K.K. (hereinafter the "Company") establishes the following terms of use with respect to the distribution of the Customer's Service on "TapFun", the cloud game platform service provided by the Company.
Article 1 (Definitions)
The terms used in these Terms are defined as follows.
(1) "Customer's Service" means a distribution service for online games in which the Customer owns or controls the rights.
(2) "TapFun" means the game portal website operated by the Company that provides online game services.
(3) "TapFun Service" means the collective term for the Customer's Service provided via TapFun to registered members of TapFun or to unregistered end users, together with the billing and other services incidental thereto.
(4) "End User" means a person who uses the TapFun Service as a registered member or an unregistered user.
(5) "Usage Fee" means the fee arising from an End User's use of a paid TapFun Service, and includes consumption tax.
(6) "Intellectual Property Rights" means patent rights, trademark rights, design rights, copyrights, know-how and any and all other intellectual property rights (including the rights set forth in Articles 27 and 28 of the Copyright Act), whether or not such rights are registered.
(7) "Demo Game" means any game provided by the Customer to the Company that falls under either of the following:
(i) a build of a game created by the Customer for trial purposes (hereinafter a "Demo Build"); or
(ii) a build of the full version of a game provided with play limited to a play time or play scope separately agreed between the Company and the Customer.
(8) "Demo Distribution" means a service in which the Company runs a Demo Game on cloud servers and lets End Users play it by streaming.
(9) "Free Play Time" means the time during which End Users may play a Demo Game free of charge.
(10) "Demo Distribution Usage Fee" means the fee arising, in Demo Distribution, for play after the Free Play Time has elapsed, based on the fee schedule determined by the Company.
(11) "Payment Method" means either the method in which End Users bear the Demo Distribution Usage Fee (hereinafter the "User-Paid Method") or the method in which the Customer bears it (hereinafter the "Publisher-Paid Method").
Article 2 (Agreement to These Terms)
2.1These Terms constitute a legally binding agreement between the Customer and the Company concerning the distribution of the Customer's Service using TapFun.
2.2Unless the Customer is verified as satisfying the conditions required of an End User of TapFun, the Company shall not permit the distribution of the applicable products through TapFun, nor shall the Customer be permitted to agree to these Terms.
Article 3 (Transaction Relationship; Pricing)
3.1The Customer appoints the Company as its agent for the purpose of making the TapFun Service available. In accordance with these Terms, the Company shall permit the Customer to use TapFun for the TapFun Service.
3.2Services within the TapFun Service for which End Users pay consideration shall be displayed to End Users at the prices set by the Customer at its sole discretion.
3.3The Company is the merchant of record bearing final responsibility for sales, acting as the agent of the Customer with the Customer as principal.
The amount received by the Customer is determined based on the sales price of the applicable product set by the Customer. The "Service Fee" (subject to the provisions of Article 7 (Revenue Sharing)) is calculated and charged based on the sales price.
3.4The Customer agrees that the amounts agreed between the Customer and the Company may be deducted from payments to the Customer. In all other respects, the standard refund terms of the payment service provider shall apply.
3.5The Customer permits the Company to make refunds to End Users and agrees that the Company may deduct the amounts of such refunds from payments to the Customer.
3.6The Company shall conduct Demo Distribution based on agreement with the Customer. The target titles, Free Play Time, Payment Method, play time or play scope where a build of the full version of a game is used, budget cap under the Publisher-Paid Method, distribution period and other conditions (hereinafter the "Individual Conditions") shall be determined for each title through consultation between the Company and the Customer, and agreed by application form, email, the Company's designated management console or any other method specified by the Company. The Individual Conditions form part of these Terms.
3.7Notwithstanding 3.2, the Demo Distribution Usage Fee shall be determined by the Company based on a fee schedule set by the Company according to the cloud server environment and other factors. If the Company changes the fee schedule, it shall notify the Customer at least 30 days in advance.
3.8Under the User-Paid Method, the Demo Distribution Usage Fees received by the Company from End Users shall belong to the Company in full and shall not be subject to payment to the Customer.
3.9Under the Publisher-Paid Method, when the budget cap is reached or the distribution period expires, the Company may, in accordance with the Individual Conditions, stop distribution of the relevant Demo Game or switch it to the User-Paid Method. If the Individual Conditions do not so provide, the Company and the Customer shall decide through consultation.
Article 4 (Company's Operations)
On and after the release date of the TapFun Service, the Company shall perform the following operations at its own responsibility and expense.
(1) Accepting End User registrations for the TapFun Service
(2) Building the systems on the TapFun side that enable Usage Fees to be charged to and received from End Users
(3) Charging and receiving Usage Fees from End Users and handling necessary refunds
(4) Intermediation and coordination with cloud vendors
(5) Managing the maximum number of concurrent connections of users of the TapFun Service
Such maximum number of concurrent connections shall be determined in advance through consultation between the Company and the Customer, and any change to the maximum number after release shall be determined at the Company's discretion. If the Customer does not consent to a reduction of the maximum number, the maximum number may be maintained only if the Customer bears the server costs required to maintain the number of connections on and after the date determined by the Company.
(6) Operations separately determined through consultation between the Company and the Customer
Article 5 (Subcontracting)
The Customer or the Company may subcontract part of the operations set forth in these Terms to a third party.
Article 6 (Customer's Service)
6.1The Customer shall provide and manage the Customer's Service at its own responsibility and expense.
6.2The Customer shall provide the Company with the data files and other items designated by the Company as necessary for providing the TapFun Service.
6.3If the Customer makes any addition, modification or other change to the Customer's Service with respect to the matters set forth in the following items, the Customer shall notify the Company in advance (including by electronic or magnetic means such as email; the same applies hereinafter in these Terms).
(1) A significant change in the number of users able to participate concurrently, or the like
(2) Termination or suspension of distribution of the Customer's Service
(3) In addition to the preceding items, matters in which a material change to the TapFun Service can reasonably be anticipated
6.4Before Demo Distribution begins, the Customer shall, at its own responsibility, verify the operation of the Demo Game in the cloud environment designated by the Company (including verification of the save function and of the function to carry over save data to the full version of the game, if provided), and shall report the following matters to the Company by the method designated by the Company. The Company shall display the reported matters in (2) and (3) on TapFun.
(1) The results of the operation verification
(2) Whether a save function is provided, and whether and under what conditions save data can be carried over
(3) If the Customer sets guidelines on End Users streaming or recording gameplay footage, the content of such guidelines
6.5The Company shall store save data of Demo Games for the period designated by the Company. However, the Company shall not be responsible for the accuracy of the matters reported by the Customer or for the operation of the save function and the carry-over function.
6.6Inquiries, complaints and other disputes from End Users arising from defects in a Demo Game shall be handled by the Customer at its own responsibility, except where caused by the Company's facilities, and the Company shall forward inquiries from End Users to the Customer.
6.7If the report set forth in 6.4 is not made or is deficient, distribution may not be carried out in accordance with the Individual Conditions, and any resulting damages shall be borne by the Customer, except where caused by the Company's facilities.
Article 7 (Payment Date, Billing, etc.)
7.1The Company shall pay to the Customer the amount calculated pursuant to Paragraph 1 of the preceding Article, plus consumption tax, in accordance with the following items.
(1) The Company shall calculate the amount payable to the Customer for the applicable month with the 25th day of each month as the closing date, and shall notify the Customer of such amount by the end of the month following the month in which such closing date falls, by means of a statement or such other method as separately agreed between the parties.
(2) The Company shall transfer the amount notified pursuant to Item (1) of this Paragraph to a bank account separately designated by the Customer by the end of the month following the month in which the closing date under Item (1) of this Paragraph falls. Transfer fees shall be borne by the Company.
7.2If, due to circumstances of the Company's payment service provider, it becomes difficult to make payment by the due date set forth in the preceding paragraph, the Company shall promptly notify the Customer, consult on the payment deadline, and make payment by the agreed date. If payment is completed by such date, the Company shall bear no liability whatsoever for delayed performance.
7.3The Customer shall pay the Demo Distribution Usage Fees under the Publisher-Paid Method to the Company in accordance with the following items.
(1) The Company shall calculate the Demo Distribution Usage Fees for the applicable month (including consumption tax, etc.) based on the records of the Company's systems, with the last day of each month as the closing date, and shall notify the Customer by invoice by the 10th day of the month following the month in which the closing date falls. If the Customer does not raise an objection within five business days after receiving the invoice, the Customer shall be deemed to have approved the invoiced amount.
(2) The Customer shall transfer the amount in the preceding item to a bank account designated by the Company by the last day of the month following the month in which the closing date falls. Bank transfer fees shall be borne by the Customer.
7.4The Company may set off the amount under 7.3 against the amount payable by the Company to the Customer in equal amounts, regardless of whether the due dates have arrived.
7.5If the Customer fails to pay by the due date, the Customer shall pay the Company late payment charges at the rate of 14.6% per annum from the day following the due date until the date of payment in full, and the Company may, upon notice to the Customer, stop distribution of all of the Customer's Demo Games.
Article 8 (Attribution of Rights)
8.1Intellectual Property Rights relating to the TapFun Service shall vest in the Company from the time of their creation.
8.2Notwithstanding the preceding paragraph, rights previously held by the Customer in relation to the Customer's Service shall belong to the Customer. The Customer grants the Company, free of charge, a license to the rights set forth in the preceding paragraph, limited to the extent necessary for the Company to perform its operations set forth in Article 3, such as the operation of the TapFun Service.
8.3With respect to any part of the TapFun Service for which it is unclear which of the preceding two Articles applies, the parties shall separately consult and determine by agreement the party to whom the rights belong and the respective proportions.
8.4The Customer shall not exercise moral rights of the author with respect to the development, production, operation or other use or deployment of the TapFun Service.
Article 9 (License of Trademarks, etc.)
9.1The Customer grants the Company, free of charge, the right to use the trademarks, logos, images or videos of in-game characters, programs and the like relating to the Customer and the Customer's Service, for the purpose of providing and promoting the TapFun Service.
9.2The Company may create promotional materials relating to the TapFun Service based on the rights licensed under the preceding paragraph. The allocation of costs for creating promotional materials shall be determined through consultation between the parties.
9.3The Customer grants the Company, free of charge and on a non-exclusive basis, the right to perform the following acts during the distribution period to the extent necessary for Demo Distribution.
(1) Reproducing, installing and running Demo Games (including builds of the full version of a game) on cloud servers managed by the Company or its subcontractors set forth in Article 5
(2) Transmitting the video and audio of Demo Games to End Users (including automatic public transmission and making transmittable)
(3) Restricting, by technical means, play exceeding the play time or play scope set forth in the Individual Conditions
Article 10 (Warranties)
The Customer warrants to the Company the following matters.
(1) That it holds the right to provide the Customer's Service at the time of entering into these Terms, and that it will continue to hold such right during the term of these Terms
(2) That the conclusion, content and performance of these Terms do not violate applicable laws and regulations or any agreement with a third party to which the Customer is a party
(3) That the provision of the TapFun Service does not infringe the rights of any third party, including Intellectual Property Rights
(4) That it has the authority to enter into these Terms and to perform the obligations set forth in these Terms
Article 11 (Confidential Information)
11.1Each party shall use Confidential Information only within the scope of the purposes set forth in these Terms and shall not disclose, provide or leak it to any third party except as provided by laws and regulations. If disclosure is unavoidable under laws and regulations, the party shall promptly notify the other party.
11.2If these Terms terminate, or if the party that disclosed Confidential Information requests, during the term of these Terms, the return, deletion or disposal of all or part of the Confidential Information, each party shall immediately comply with such request. In addition, upon request by the Company, the Customer shall submit to the Company a document evidencing that it has returned, deleted or disposed of all Confidential Information.
11.3The confidentiality obligations set forth in this Article shall survive for two (2) years after the termination of these Terms.
Article 12 (Personal Information)
12.1Each party shall use personal information only to the extent necessary for the performance of these Terms and shall not disclose, provide or leak it to any third party except as provided by laws and regulations.
12.2The Company may provide the Customer with play time, play progress and other play data obtained in connection with Demo Distribution as statistical information (meaning information processed into a form that cannot identify a specific individual, even when collated with other information). The Customer shall use the statistical information provided only for the purpose of improving and promoting the relevant Demo Game and its full version.
Article 13 (Term)
13.1These Terms shall take effect on the date of their conclusion and shall remain in effect until the day on which one (1) year has elapsed from the commencement of distribution of the TapFun Service; provided, however, that unless either party notifies the other party in writing of its intention to terminate these Terms by three (3) months prior to the expiration date, these Terms shall be automatically renewed for one (1) year from the expiration date, and the same shall apply thereafter.
13.2Notwithstanding the preceding paragraph, the parties may terminate the TapFun Service even during the term of these Terms by notifying the other party at least thirty (30) days prior to the desired termination date, consulting on the termination conditions and agreeing in writing or by email.
Article 14 (Termination, etc.)
Either party may immediately terminate these Terms without any demand if the other party falls under any of the following items.
(1) Where the other party breaches these Terms and fails to cure such breach within a reasonable period, despite having been demanded to cure the breach within such reasonable period specified for that purpose
(2) Where it dishonors a bill or check
(3) Where a petition is filed for bankruptcy, for commencement of civil rehabilitation proceedings, for commencement of corporate reorganization proceedings, or for commencement of special liquidation
(4) Where provisional attachment, provisional disposition, attachment, disposition for tax delinquency, or auction proceedings are commenced
(5) Where it suspends or discontinues its business, or resolves to dissolve the company
(6) Where it is or has been an antisocial force, has a close relationship with such a force, or has made use of such a force
(7) In addition to the preceding items, where it can reasonably be determined that there is significant concern regarding its creditworthiness
Article 15 (Disclaimer of Warranties)
15.1The TapFun Service is provided "as is" and "as available", and no warranty of any kind is given.
15.2The Company does not warrant that access to the TapFun Service will be uninterrupted, that the TapFun Service will be available at any particular time or place, that defects or errors in the TapFun Service will be corrected, that any particular content will be available, or that the TapFun Service is free of viruses or other harmful components.
Article 16 (Limitation of Liability)
The Customer understands and agrees that the Company and its subcontractors cannot be held liable for any indirect, incidental, special, consequential or punitive damages (including loss of data) incurred by the Customer.
Article 17 (Changes to These Terms)
17.1Changes to the Terms
The Company may change these Terms as necessary. When changing these Terms, the Company shall notify the Customer at least thirty (30) days prior to the effective date of the amended Terms by either of the following methods.
(1) Posting the details of the change on the Company's website.
(2) Notifying the Customer by email or other means.
17.2Customer's Consent
The Customer shall be deemed to have consented to the change by continuing to use the TapFun Service on and after the effective date of the amended Terms. If the Customer does not consent to the change, the Customer shall file a written objection with the Company before the effective date of the amended Terms; if no objection is filed, the Customer shall be deemed to have consented.
Article 18 (Prohibition of Assignment of Contractual Status)
Neither party shall assign, transfer, pledge or otherwise dispose of its status as a party to these Terms, or its rights and obligations under these Terms, to any third party without the prior written approval of the other party.
Article 19 (Surviving Provisions)
Even after the termination of these Terms, the provisions of Article 7 (only where any amount remains unpaid) and Articles 8, 11, 12, 15, 16, 18, 19 and 20 shall remain in full force and effect.
Article 20 (Agreed Jurisdiction)
The parties agree that the Tokyo District Court or the Tokyo Summary Court shall be the exclusive court of jurisdiction for any litigation concerning disputes arising in connection with or incidental to these Terms.
Established: December 3, 2025
Revised: January 7, 2026
Revised: October 8, 2026