Tokyo Tails

Terms

Effective date: (set on publication)

Seller and licensor: HappyDale Holding LLC, an Illinois limited liability company.

Applies to: the paid Tokyo Tails game for Amazon Fire TV, Windows and macOS. The Tokyo Tails Discord Activity is a separate surface governed by its own terms.

In these terms, "we", "us" and "our" mean HappyDale Holding LLC. "You" means the person who buys or plays the game. "The game" means Tokyo Tails, including its updates.

The short version

You are buying one copy of an unfinished game for a single up-front price. It will keep changing. Updates are included and we will not charge you again for the finished version. We collect nothing about you. If it is not what you wanted, the store you bought it from handles the refund. If something goes wrong, our responsibility is capped at what you paid, except where the law does not allow that.

This summary is for convenience. The sections below govern.

1. Agreement to these terms

By buying, downloading, installing or playing the game you agree to these terms. If you do not agree, do not install the game, and use your storefront's refund process.

If you are under the age of majority where you live, a parent or guardian must agree to these terms on your behalf. The game is suitable for all ages and collects no personal information from anyone, including children.

2. What you are buying, and what you are not

We grant you a personal, non-exclusive, non-transferable, revocable-only-for-breach licence to install and play the game on devices you own or control, for your own non-commercial entertainment, for as long as you like.

You are buying a licence to play, not ownership of the game. We and our licensors keep all right, title and interest in the game and everything in it, including the code, art, music, characters, names and story.

3. What you may not do

4. Videos, streaming and screenshots, which are expressly allowed

You may record, stream, screenshot and publish footage of your own play, including on monetised channels, without asking us and without paying us. You may use the game's name and screenshots to identify what you are showing.

This permission covers your own gameplay footage and commentary. It does not let you distribute the game itself, its asset files, its soundtrack as a standalone release, or a substantial portion of its story text as a substitute for playing it. We may withdraw this permission from a specific person who uses it to harass others or to distribute the game, and doing so does not affect anyone else.

5. The game is unfinished, and is sold that way

The game is a V1 that is still in development. This is disclosed on the store listing and on our website before you pay, and you accept it as a basic term of the sale.

Buy the game for what it is on the day you buy it, not for what it might become.

6. Price, payment and taxes

The price is shown on each storefront's listing and is 4.99 USD unless that listing says otherwise. Prices in other currencies, and any sales tax or VAT, are set and collected by the storefront.

We do not process your payment and we never receive your payment details. Your purchase is a transaction between you and the storefront, on that storefront's terms, and this agreement governs your licence to use what you bought.

7. Refunds

Refunds are handled by the storefront you bought from, under that storefront's refund policy. For the Amazon Appstore, that is Amazon's policy. We cannot issue a refund for a purchase we did not receive, and asking us will only delay you.

Nothing in this section limits any statutory right you have. If you are a consumer in the United Kingdom or the European Union you may have a right to withdraw from a distance purchase within 14 days, which can be lost once a digital download begins with your consent. If you are a consumer elsewhere, your local law may give you rights that these terms cannot remove, and it does.

8. Updates, and what happens to them

Updates and additional content released as part of the base game are included in the price you paid. There is no subscription, no season pass, no in-app purchase and no advertising, and we will not sell you the finished version a second time.

We may add, change or remove features as development continues. We may also stop selling the game, stop supporting a platform, or stop releasing updates. If we do, your existing copy remains yours to play under this licence, and we will not remotely disable it.

9. Your saved games

Saved progress is stored locally on your own device. It is not uploaded to us and we hold no copy of it. We cannot restore it if your device is lost, reset, or the game is uninstalled, and we cannot delete it for you because we never had it. Back it up yourself if it matters to you.

10. Privacy

The game has no accounts, no analytics, no telemetry and no advertising, and it does not send your information to us or to anyone else. On Amazon Fire TV the build ships without the Android internet permission, so the operating system prevents it from opening a network connection at all, and you can verify that yourself from the published package. On Windows and macOS that operating-system guarantee does not exist, so our commitment there is about how the game behaves rather than something the platform enforces.

Full detail is in our privacy policy, which forms part of these terms.

11. If online play arrives

Online play is in development. Any online mode will handle data, at minimum a display name and an in-world position, and will require its own additional terms and an updated privacy policy. We will publish both before such a version ships, and playing online will be optional and separately agreed. Nothing in this section changes the offline game you bought.

12. Third-party platforms

Your use of the storefront, operating system or device you play on is governed by that provider's own terms, not ours. Those providers are not parties to this agreement and are not responsible for the game. Where a storefront's terms require us to pass through particular provisions to you, those provisions apply to your use of the game as obtained through that storefront.

13. Feedback

If you send us suggestions, bug reports or ideas, we may use them freely, without payment, attribution or obligation, and without them becoming confidential. We are not asking you to send us anything, and please do not send us anything you consider secret or that belongs to someone else. This does not give us any rights in anything else you own.

14. Warranty disclaimer

The game is provided as it is and as available, with all faults. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or trade usage.

We do not warrant that the game will run on every device or configuration, that it will be uninterrupted or error free, that defects will be corrected, or that it will remain available for purchase or re-download.

Some jurisdictions do not allow the exclusion of implied warranties, so some or all of this section may not apply to you, and nothing here excludes a warranty that the law does not permit us to exclude.

15. Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, lost saved games, loss of goodwill, or business interruption, arising out of or relating to the game or these terms, on any theory of liability, and whether or not we were advised that such damages were possible.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the game or these terms is limited to the amount you actually paid for the game.

Nothing in these terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any liability that applicable consumer-protection law does not permit to be excluded or limited; or, where you are a consumer, your statutory rights. If you are a consumer in the United Kingdom or the European Union, nothing in these terms affects your legal rights in respect of goods or digital content that are faulty or not as described.

These limits apply even if a remedy stated in these terms is found to have failed of its essential purpose, and they reflect a reasonable allocation of risk for a product sold at this price.

16. Term and termination

This licence starts when you install the game and continues until terminated.

You may end it at any time by uninstalling the game and deleting your copies.

We may end it if you materially breach these terms, in particular section 3, and the breach is not cured within 30 days of us asking you to cure it, unless the breach is one that cannot sensibly be cured such as distributing the game. Termination means you must stop using the game and delete your copies. Termination is not a refund, and it does not give us any right to remotely disable a copy you have already installed.

Sections 2, 3, 13, 14, 15, 17 and 18 survive termination.

17. Changes to these terms

We may update these terms as the game develops. If we do, we will change the effective date above and describe material changes in plain language rather than folding them into a version bump.

Changes apply only from the date they are published, and only to your continued use of the game after that date. A change never applies retroactively to a purchase you have already made. If you do not accept a change, your remedy is to stop using the game, and you keep whatever rights had already accrued to you.

18. Governing law and disputes

These terms are governed by the laws of the State of Illinois, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If you are a consumer resident outside Illinois, this choice of law does not deprive you of the protection of mandatory consumer-protection rules of the country where you live, and you may be able to bring proceedings in your local courts where your local law gives you that right.

Talk to us first. Before starting formal proceedings, please contact us at the address in section 19 and give us 30 days to resolve the problem. Most issues are a bug or a misunderstanding and are cheaper for both of us to fix by email.

If that does not resolve it, the state and federal courts located in Illinois have exclusive jurisdiction, and both of us consent to that jurisdiction and venue, subject to the consumer carve-out above. Either of us may still bring a claim in small claims court.

We have deliberately not required arbitration and have not asked you to waive any right to participate in a class action.

19. Notices and contact

Write to us at hello@happydale.net. For formal legal notices, write to HappyDale Holding LLC at its registered address, with a copy by email to the address above.

20. General