SMP Auth Terms of Use

Seamoon Protocol (the "SMP") is a unique ecosystem concept aimed at sustainable economic development and the imagination of new age entertainment services using web3 technology provided by DM2C Studio Co., Ltd. (the “Company"). SMP Auth is an application that creates an SMP account that is commonly used in applications (the "SMP Apps") that use the functions of SMP and provide the method of authentication. Customers who use SMP Auth (the "Users") must agree in advance (such agreement will form a legally binding contract between the Users and the Company (this “Agreement”) ) to the following SMP Auth Terms of Use (these “Terms”) .

Article 1 (Definitions)

In these Terms, the terms in each of the following items shall have the meanings set forth in the respective items: (1) "SMP Account" means the account that can be used in common with the SMP service and SMP Apps authenticated by SMP Auth; (2) "SMP Service"means the collective name for services that use the functions related to SMP, video games, etc. related to SMP; (3) "SMP Portal"means the portal site that introduces a wide range of services etc. provided through SMP Apps, manages SMP Accounts and specific points awarded by the Company. The details of the SMP Portal are governed by the separately stipulated "SMP Portal Terms of Use"; and (4) "SMP Wallet" means the tool available within the SMP Apps that has the functions of (i) receiving, storing, displaying, and sending cryptocurrencies, (ii) receiving, storing, displaying, and sending, and importing to or export from SMP Service of NFTs, and (iii) other related functions. The details of the SMP Wallet are governed by the separately stipulated "SMP Portal Terms of Use" and "Appendix: SMP Wallet Terms of Use".

Article 2 (Scope of Application)

  1. These Terms apply to the use of the SMP Account authenticated by the Company based on Paragraph 3 of Article 3 of these Terms.
  2. These Terms apply to the SMP Account assigned to Japan as a member country based on the Company's criteria.
  3. The Users must use the SMP account in accordance with these Terms and must comply with all laws and regulations applicable to the use of the SMP Account.
  4. If the Users do not meet the age requirements for managing the SMP Account, they must obtain the consent of a parent or guardian to use the SMP account. In addition, when a parent or guardian agrees to the use of the SMP account by the child, these Terms apply to the parent or guardian, and the parent or guardian is responsible for the use of the SMP Account by the child.

Article 3 (Role of SMP Account)

  1. The SMP Account is necessary for the Users who are the account holder to use the SMP Service except for part of functions on SMP Portal.
  2. If the Users use the SMP Apps, they need to create an SMP Apps ID (the "App ID") linked to the SMP Account, in addition to the SMP Account. However, in the SMP Apps provided by the Company, the SMP Account is the App ID. The data in the SMP Apps and SMP Service will be managed by the Company based on the App ID. SMP Auth will not be involved with the operation of the SMP App linked to the App ID.
  3. The Users will correspond one SMP Apps to one SMP Account. Therefore, the act of corresponding multiple SMP Accounts to one SMP Apps or the act of corresponding one SMP Account to the same multiple SMP Apps will be prohibited.
  4. The management of the App ID is operated by the administrator of the corresponding SMP Apps. Therefore, SMP Auth will not have the authority to process App ID and game data, payment data, wallet data, etc. linked to the App ID. In addition, the processing of data on the SMP App (including the deletion of game data) will not affect SMP Auth.

Article 4 (Application for, Authentication of, Refusal of Authentication or Cancellation of SMP Account)

  1. Regardless of whether they are individuals, organizations, or corporations, upon the Users’ application of use the SMP Account by the method specified by the Company, the account for using the SMP Account (the "Account") will be provided to the Users as the recognition account. In addition, the Users can also apply to use the SMP Account by the account of the Company’s designated SNS linked with the social login (the "SNS account") .
  2. After the Users acknowledge that they cannot use the SMP Account unless they agree to these Terms, the Users will apply for use. In addition, in case of the representative of the Users who will be an organization or corporation, the person who has the formal authority, must agree to these Terms when applying to use the SMP Account.
  3. In response to the User's application for use in Paragraph 1, if the Company approves it, the Users' account or SNS account will be authenticated as an SMP Account by SMP Auth.
  4. The Company may, based on the information provided by the Users (including, but not limited to, the information registered when using the SMP Account), assign the Users' domiciled country or region based on the Company's criteria (the Company is not obligated to disclose such criteria).
  5. If the Company determines that the Users fall under any of the following, the Company may refuse to apply for the Users' SMP Account or cancel the authentication of the authenticated SMP Account: (1) if false information is provided to the Company; (2) if the Company's designated screening criteria (the Company is not obligated to disclose such screening criteria) are not met; (3) if the Users are the member of organized crime group, the company/group related to organized crime group, or other antisocial organization, or have a close relationship with other antisocial forces; or (4) In addition to the preceding items, if the Company determines that it is not appropriate for the Users to use the SMP Account.

Article 5 (Management of SMP Account)

  1. After the authentication of the SMP Account, when the Users use the SMP Service, they must always log in with the SMP Account (in addition to the ID and password such as email address, two-factor authentication may be necessary as the case maybe). SMP Auth cannot handle any events (such as loss of data or royalty reward points) caused by the Users using the SMP App or SMP Service without using the SMP Account, and the Company will not be responsible for them at all.
  2. In some parts of the SMP Apps, two-factor authentication may be required in addition to the SMP Account.
  3. The Users shall strictly manage the password of the SMP Account at their own responsibility so that it is not used illegally, and shall not transfer or lend it to a third party, nor allow a third party to use it. The Company will provide the SMP Service as the Users' action if the operation is performed using the Users' registered password.
  4. The Users shall not lend or allow the use of their account etc. to a third party. Even if the Users or a third party suffers damage due to the use of the Users’ account etc. by a third party, the Company will not be responsible for any reason.
  5. The Users shall not use the account etc. of a third party to use the SMP app and SMP service. If the Users use the SMP app and SMP service using the account etc. of a third party, the Users shall immediately compensate for all damages caused to the Company and shall resolve all disputes that arise between the third party at their own responsibility and risks.

Article 6 (Changes in Registration Information)

  1. If there is a change in each registration information (the "Registration Information") registered if applying to use the SMP Account, the Users shall promptly carry out the procedure for changing the Registration Information etc. according to the procedure specified by the Company.
  2. If the Users cause damage to the Company or a third party by not changing the Registration Information etc., the Users shall compensate them for it. In addition, the Company will not be responsible for any damage or disadvantage caused to the Users or a third party by not changing the Registration Information etc.

Article 7 (Handling of Users' Personal Information)

  1. The Company will use and share the personal information of the Users provided to the Company when the Users apply to use the SMP Account, within the range compliant with the content described in the SMP Privacy Policy (URL: https://seamoon.dmm.com/privacy/). The personal information that is used jointly, the manager in charge of the joint use, etc. are as described in the SMP Privacy Policy.
  2. Except as provided by laws and regulations and in the SMP Privacy Policy, and separately obtained individually from the Users, the Company will not provide the Users' personal information to third parties without the Users' consent.

Article 8 (Withdrawal)

  1. The Users can delete the SMP Account at any time by going through the procedure specified by the Company on the SMP Portal.
  2. After the deletion, the Users cannot use the SMP Account and lose all rights as Users. In addition, the Company cannot re-register the SMP Account for any reason and cannot restore all information registered in the SMP Apps and SMP Service.
  3. When the Users delete the SMP Account, the Company will gradually delete the personal information of the Users obtained through the SMP Account so that it will not be involved with the activities of the SMP Apps and SMP Service etc. In addition, the Company will not be responsible for any acts using the deleted SMP Account after the Users' deletion (including cases where a third party uses the deleted SMP Account of the Users) and the results and damages caused by such acts.
  4. The Users agree that by deleting the SMP Account, the App ID and SMP Wallet linked to the SMP Account may become unusable or malfunction, and will not object to such situation.
  5. The deletiong of the SMP Apps and deletion of game data etc. will not be aligned to the deletion of the SMP Account.

Article 9 (Outsourcing)

The Company may outsource a part of the service provision of the SMP Account to a group company of the Company or a third party.

Article 10 (Interruption, Change, Termination of Service)

  1. The Company may temporarily interrupt the service provision of the SMP Account in the following cases (Even if the Company temporarily interrupts the SMP Account, the Company will not be responsible to the Users.): (1) if the regular or emergency maintenance and inspection of equipment necessary for providing the SMP Account is performed; (2) if a failure or malfunction occurs in the equipment used to provide the SMP Account; (3) if the use of telecommunications services becomes impossible to services provided by telecommunications carriers; (4) if it is impracticable to provide the SMP Account due to power outages, fires, earthquakes, labor disputes, or other force majeure; or (5) in addition to the preceding items, if there are reasonable reasons in operation or technology for the interruption of SMP Account.
  2. The Company may change or terminate all or part of the SMP Account by notifying or announcing to the Users. Even if the Company changes or terminates all or part of the SMP Account, the Company is not responsible to the Users.

Article 11 (No Warranty)

The Company will not warrant, either explicitly or implicitly, that there are no defects in the SMP Account (including but not limited to defects related to security, errors or bugs, infringement of rights, etc.), or its safety, reliability, accuracy, completeness, effectiveness or fitness for a particular purpose. The Company will not be obligated to remove any defects and provide the SMP Account to the Users.

Article 12 (Disclaimer)

  1. The Company will not warrant the fitnee, usefulness, accuracy, timeliness, certainty, safety, completeness, etc. of the SMP Account for a particular purpose.
  2. Except in cases of intentional or gross negligence, The Company shall not be liable for any damage caused by the use or inability to use the SMP Account etc. by the Users.
  3. Except in cases of intentional or gross negligence, The Company will not be responsible for any damage caused to the Users due to the following reasons: (1) Despite taking reasonable safety measures, unauthorized access or fraudulent acts such as the introduction of computer viruses by third parties have occurred; or (2) Disruption, delay, inability or data loss etc. has occurred due to errors in communication lines, systems or servers etc. for the provision of the SMP Account.
  4. The Users shall comply with the terms and conditions regulated by SNS linked with the social login regarding registration and use with the SNS Account.
  5. The Users agree that if any of the following occurs on the SNS linked with the social login used for the SNS Account, they may not be able to log in to this service temporarily or permanently, and will not object to this: (1) If the Users leave the SNS linked with the social login for any reason; (2) If the SNS linked with the social login is hijacked by a third party; (3) If the Users lose the password of the SNS linked with the social login; (4) If a failure occurs in the SNS linked with the social login; (5) If the SNS linked with the social login suspends or terminates operations; (6) If the specifications or policies of the SNS linked with the social loginchange; or (7) If the SNS linked with the social login cannot be used for any other reason.

Article 13 (Damage Compensation)

  1. If the Users violate these terms and causes damage to our company, the user shall immediately compensate for all such damage (including reasonable attorney's fees, but not limited to this).
  2. If the Users receive claims, assertions, demands, requests, objections, etc. (the "Claims, etc.") from third parties including other Users of the SMP Account in relation to the SMP Account, the user shall handle and resolve such claims, etc. at their own expense and responsibility, and if our company suffers damage in relation to such Claims, etc., the Users shall immediately compensate for all such damage. In addition, if the Company resolves such Claims, etc., all costs required for the resolution shall be borne by Users.

Article 14 (Restrictions on the Use of SMP Accounts)

If the Company judge that the Users fall under any of the following, the Company may restrict the use of the SMP Account, such as not allowing use or suspending use (Please note that the following items are examples and the Company have no obligation to answer inquiries about our specific judgment criteria or account usage restrictions.): (1) Corporations, organizations, or individuals that sell products or provide services that are likely to be used for crimes; (2) Corporations, organizations, or individuals who are likely to constitute or encourage illegal acts or criminal activities; (3) Corporations, organizations, or individuals who illegally or unjustly buy, sell, mediate, or broker personal information, registration information, usage history information, etc. of others; (4) Corporations, organizations, or individuals who are engaged in or are likely to engage in acts that violate laws or public order and morals; (5) Corporations, organizations, or individuals who access the SMP Account through hacking or other illegal activities, or who are likely to monitor, duplicate, sell all or part of the SMP Account; or (6) In addition to the above, Corporations, organizations, or individuals whom we judge to be inappropriate for account use of the SMP Account.

Article 15 (Changes to these Terms)

The Company may change these Terms as necessary, based on laws and regulations, by announcing or notifying the Users. In this case, we will inform the Users by displaying the contents and effective date of the changed terms on the SMP Portal, or by notifying the Users in a way that we will specify. The changed terms will take effect from the effective date.

Article 16 (Language, Governing Law, Jurisdiction)

These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to principles of conflicts of laws. Any dispute or claim arising out of or in relation to or in connection with this Agreement or SMP Auth which cannot be resolved despite good faith discussions between the Company and the Users, shall be exclusively and finally settled by arbitration in the defendant domicile in accordance with the Arbitration Rules of the International Chamber of Commerce (the “ICC”) in Tokyo, Japan for arbitration which shall be conducted in English language, and accordance with the ICC’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both the Company and the Users.

Effective July 30, 2024