Terms of Service

These Terms of Service ("Terms") govern your use of the memory-training game "Memory Blink" (Japanese title: シカクキオク), provided by its developer, skcreation ("Developer", "we", or "us"), in the following two versions (together, the "Service"). By downloading, installing, accessing, or using the Service, you (the "User") agree to be bound by these Terms.

• App version: the app distributed on the App Store and Google Play (the "App").
• Browser version: the website https://memory.skcreation.app, including the game you can play in your browser, articles, and the short quizzes inside articles (the "Website").

These Terms are the English translation of the original Japanese version. In the event of any inconsistency between the Japanese and English versions, the Japanese version shall prevail.

1. Scope

1. These Terms set out the conditions for the provision of the Service and the rights and obligations between you and the Developer concerning your use of the Service. They apply to both the App version and the browser version.
2. Any guidelines, notices, or supplementary terms posted by the Developer within the App, on the Website, or on other related websites form part of these Terms. If there is any conflict between these Terms and such guidelines, these Terms will prevail unless expressly stated otherwise.
3. The App is distributed via Apple Inc.'s ("Apple") App Store and Google LLC's ("Google") Google Play. If you use the App version, you also agree to comply with the terms of each distribution platform (such as Apple's "Apple Media Services Terms and Conditions" and Google's "Google Play Terms of Service"). In the event of any conflict between these Terms and a platform's terms, the platform's terms will prevail with respect to the matters covered therein.

2. The Service

1. The Service is a memory-training game in which you memorize the positions of illustrations and answer accordingly. The browser version also offers articles about memory and short quizzes inside those articles. The specific functionality, specifications, and form of the Service may be determined and modified by the Developer from time to time.
2. Some or all features may differ between the App version and the browser version, and may also vary depending on the version you use, the type and version of your operating system or browser, your region, and other factors.

3. Registration

The Service does not require registration or sign-in and does not collect personal information such as your name or contact details. Game records and progress are stored only on your device in the App version, and only in your browser (localStorage) in the browser version. Records in the two versions are separate and do not sync.

4. Advertising and Fees

1. The Service is available free of charge and displays ads in the App and on the Website to support its operation (ads on the Website are planned). For the handling of advertising, please refer to our separate Privacy Policy. You are responsible for any data, device, and other costs associated with your use of the Service.
2. The App offers a paid plan (an auto-renewable subscription, the "Paid Plan") that removes ads. The price shown on the purchase screen applies and is charged through your Apple ID or Google account. Any purchase is subject to the applicable distribution platform's terms and purchase processes.
3. The Paid Plan renews automatically and the fee is charged at renewal unless you cancel before the end of the current period (at least 24 hours before, in the case of Apple).
4. You can cancel at any time from your device settings (App Store: Apple ID → Subscriptions; Google Play: Payments & subscriptions → Subscriptions). After cancellation, you keep access to the Paid Plan features until the end of the period you have already paid for. No prorated refunds are provided. We cannot directly stop auto-renewal or issue refunds; refunds are subject to each platform's discretion and procedures.
5. The browser version has no Paid Plan or other payments. The Paid Plan applies only to the App version and does not remove ads from the browser version.

5. License

1. Subject to these Terms, the Developer grants you a non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial purposes (the App version on your device, and the browser version in your browser).
2. All intellectual property rights in and to the Service (including the articles, images, and illustrations on the Website) belong to the Developer or its respective rights holders. Except as expressly set forth in these Terms, no rights to the Service are transferred to you.
3. You shall not reverse engineer, decompile, disassemble, modify, create derivative works of, redistribute, rent, lease, sublicense, or transfer the Service or any part of it, except to the extent such restrictions are prohibited by applicable law.

6. Prohibited Conduct

You agree not to:

1. violate any applicable law, regulation, or public order and morals;
2. engage in conduct related to criminal activity;
3. infringe the intellectual property or other rights or interests of the Developer or any third party;
4. interfere with the operation of the Service, impose excessive load (including through high-volume automated access), or probe or exploit security vulnerabilities;
5. unlawfully obtain, analyze, or use the Service's source code or communications;
6. copy or republish the Website's articles, images, or other content beyond personal use or what applicable law otherwise permits, or embed the browser version of the game in another website or app without our permission;
7. manipulate ad impressions or clicks by unfair means, or manipulate the App's reviews, ratings, or rankings;
8. use the Service for any commercial purpose without our prior written consent;
9. engage in any other conduct that the Developer reasonably deems inappropriate.

7. Suspension, Modification, and Discontinuation

1. The Developer may suspend or interrupt the provision of all or part of the Service, without prior notice, in cases of maintenance or updates, force majeure, equipment failure, or other unavoidable circumstances.
2. The Developer may modify the contents of the Service without prior notice to you.
3. The Developer may discontinue all or part of the App version or the browser version with reasonable prior notice (typically 30 days). Where unavoidable circumstances exist, this notice period may be shortened.
4. The Developer is not liable for any disadvantage or damage incurred by you or any third party as a result of such suspension, interruption, modification, or discontinuation, except in cases of willful misconduct or gross negligence by the Developer.

8. Disclaimers and Limitation of Liability

1. The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, the Developer disclaims all warranties of any kind, whether express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, security, non-infringement, and absence of errors or bugs.
2. The Service is a game intended for entertainment and memory training. It is not a medical device and does not guarantee any effect in diagnosing, preventing, treating, or improving memory impairment, dementia, or any other condition. The articles and quiz results on the Website are also provided for general information only. Decisions about your health should be made based on your own judgment and the advice of qualified professionals; do not rely on results from the Service or the content of its articles as a substitute for professional advice.
3. The browser version may not work correctly or display as intended depending on your browser, device, or operating system and their versions, your browser settings (such as extensions, ad blockers, or disabling cookies, JavaScript, or site data), and your network conditions. The Developer does not guarantee that the browser version will work in every environment.
4. Game records in the browser version are stored only in your browser (localStorage). They will be lost, or will not carry over, if you clear your browser's site data, use private browsing (incognito mode), your browser deletes stored data automatically, or you switch or reset your browser or device. Because the Developer does not keep a copy of your records, lost records cannot be restored, and the Developer is not responsible for their loss.
5. To the maximum extent permitted by applicable law, the Developer will not be liable for any damages arising out of or in connection with your use of or inability to use the Service, except in cases of the Developer's willful misconduct or gross negligence, or where liability cannot be excluded under applicable mandatory law.
6. Even where the Developer is liable under the preceding paragraph, the Developer's liability is limited to direct and actual damages ordinarily arising, and the aggregate amount shall not exceed the total amount you paid directly to the Developer for the Service in the 12 months preceding the event giving rise to the liability (or zero, if no such amount was paid). Nothing in this paragraph limits liability that cannot be limited under applicable law (including, where applicable, the Japanese Consumer Contract Act).

9. Third-Party Services

1. The Service uses third-party services, such as Google AdMob (provided by Google) for advertising in the App version, and Google Analytics for analytics, Google AdSense for advertising (planned), and Cloudflare, Inc. for delivery in the browser version (see the Privacy Policy for details). Your use of such services is subject to the respective providers' terms and privacy policies.
2. The Service may contain links to third-party websites or services (including ads and our contact form). The Developer is not responsible for the content of such third-party sites or services.

10. Privacy

Information collected in connection with your use of the Service is handled in accordance with our separate Privacy Policy. By agreeing to these Terms, you also agree to the Privacy Policy.

11. Changes to These Terms

1. On the premise that these Terms constitute a standard-form contract (teikei yakkan) under the Japanese Civil Code, the Developer may amend these Terms without obtaining your individual consent, in accordance with Article 548-4 of the Civil Code, where the amendment conforms to the general interests of users, or where it does not contradict the purpose of the Service and is reasonable in light of the necessity, the appropriateness of its content, and other relevant circumstances.
2. When making such an amendment, the Developer will notify users of the content of the amended Terms and its effective date through notices in the App, postings on the Website or other websites, or other appropriate means. If you continue to use the Service after the amended Terms take effect, you are deemed to have agreed to them.

12. Contact

All inquiries and communications regarding the Service should be sent to:

Operator

skcreation

Email

[email protected]

Contact form

Google Form

13. Governing Law and Jurisdiction

1. These Terms are governed by the laws of Japan, without regard to its conflict of laws principles.
2. Any dispute arising out of or in connection with the Service or these Terms shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court as the court of first instance, depending on the amount in controversy. The foregoing does not affect any non-waivable rights of consumers under applicable law.

14. Distribution Platform Provisions (Apple / Google; App Version Only)

This section applies only to the App version and does not apply to the browser version. Where the App is distributed via Apple's App Store, the following additional terms apply:

1. These Terms are concluded between you and the Developer only, and not with Apple. The Developer, not Apple, is solely responsible for the App and its contents.
2. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
3. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including product liability claims, claims of non-conformance with legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
4. In the event of any third-party claim that the App or your use of it infringes that third party's intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claim.
5. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce these Terms against you.

Where the App is distributed via Google Play, these Terms are concluded between you and the Developer, Google is not responsible for the App, and you also agree to comply with the Google Play terms.

15. Severability

If any provision of these Terms or any part of any provision is held to be invalid or unenforceable under applicable law (including the Japanese Consumer Contract Act), the remaining provisions and the remaining valid parts of the affected provision shall continue in full force and effect.