Pokémon HOME Terms of Use
For Users residing outside of Japan and South Korea
Thank you for using Pokémon HOME. The Pokémon Company and its subsidiaries (collectively “we,” “us,” “the Company”) hope that you enjoy it! These Terms of Use (the “Terms”), along with the Privacy Notice for the service (“the Privacy Notice”), governs your use of the service, including, without limitation, how you interact with all information, pictures, graphics, upgrades, and other content, features, and services available within the service. By using the service, you consent to the Terms and the Privacy Notice. If you are a minor in your country of residence, you acknowledge that your parent/guardian has reviewed and consented to your use of the service subject to the Terms and the Privacy Notice. If you do not agree, or your parent/guardian does not agree with the Terms, do not use the service.
Article 1: Definitions
1. | The terminology used in the Terms will be defined as the following: | ||||||||||||||||||||||||
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2. | Any provisions herein with the heading “For the Nintendo Switch Version” or “For the Smart Device Version” will apply to the Nintendo Switch Version or the Smart Device Version, respectively. Any provisions herein with the heading “For Both Versions” or without any such headings will apply to both the Nintendo Switch Version and the Smart Device Version. |
Article 2: Minors
Users who are minors can use the service only if their parent or guardian has consented to their use of the service, and minors can purchase the Paid Services only if their parent or guardian has consented to the purchase of the Paid Services.
Article 3: Scope of the Terms
All methods of use, rules, and any other regulations regarding the service stipulated by the Company, regardless of naming, will form a portion of the Terms.
Article 4: Content within the Service
The content within the service does not have monetary value and may not be redeemed for legal currency or items of value outside of the service. The content within the service is provided to you under a limited, personal, revocable, non-transferable, non-sublicensable license to use within the service. You have no property interest; no right or title in or to any content appearing or originating in the service, and such content may not be transferred or resold in any manner not explicitly permitted by us. We may terminate your license to use the content within the service at any time and at our sole discretion.
Article 5: Application for Paid Services
1. | The Application Procedure must be carried out before using the Paid Services. The Application Procedure will vary for the Nintendo Switch Version and the Smart Device Version as well as for each Payment Processor. For details, please see the guide provided by each Payment Processor. |
2. | The Fee, the Period of Use, and other terms are defined in the Application Procedure. |
3. | You may use the Paid Services immediately after successfully completing the Application Procedure. |
4. | You may carry out the Application Procedure with the relevant Payment Processor from either the Nintendo Switch Version or the Smart Device Version. Once you have completed the Application Procedure from either the Nintendo Switch Version or the Smart Device Version, you may also use the Paid Services on the other version, but even in such cases, you will be subject to the renewal and Termination Procedure stipulated by the Payment Processor with which you carried out the Application Procedure. |
5. | We may, at our discretion, license the use of the Paid Services for free or at a discounted fee to certain Users. |
6. | We may, at our discretion, modify the Fee at any time. Any modification of the Fee that is made during the Period of Use corresponding to the Application Procedure which has already been carried out will apply starting from the next renewal of the Period of Use. |
7. | You will pay the Fee according to the payment terms stipulated by each Payment Processor. |
8. | Once you have completed the Application Procedure, you may not cancel or void the Application Procedure. If you wish to terminate the Paid Services, you must instead complete the Termination Procedure as described in Article 7. You agree that you will not commit any fraud against the Company. If your credit card declines the payment of an amount billed to your account, we have the right to suspend your use of the Paid Services. |
9. | If a dispute should arise between a User and a Payment Processor regarding the payment of the Fee, the User will be responsible for resolving the dispute. To the fullest extent permitted by applicable law, we will not accept any responsibility for the dispute. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. |
Article 6: Renewal of the Paid Services
1. | Unless you complete the Termination Procedure by the time specified by the Payment Processor with which you carried out the Application Procedure, the Period of Use will be automatically renewed for the same period as the Period of Use for which you have carried out the Application Procedure and you will be responsible for paying the Fee for the renewed Period of Use. |
2. | If you wish to modify the renewal Period of Use, you must first carry out the Termination Procedure and then carry out the Application Procedure again. |
3. | The previous two clauses may not be applicable depending on the region where a user resides, a user’s age, and/or the Payment Processor. Please see the guide provided by each Payment Processor. |
Article 7: Termination of the Paid Services
1. | If you wish to terminate the Paid Services, you must complete the Termination Procedure. The Termination Procedure must be carried out with the Payment Processor with which you carried out the Application Procedure. For details regarding the Termination Procedure, please see the guide provided by each Payment Processor. Unless the Termination Procedure is completed, the use of the Paid Services will automatically continue regardless of your intention or circumstances such as the upgrading of your device. Please note that even if the application for the service is uninstalled from your device, unless the Termination Procedure is properly completed, payment for the Paid Services will continue. Even after the Termination Procedure has been completed, if there is any remaining period in the Period of Use, you may continue using the Paid Services until the last day of such period. Even if you complete the Termination Procedure, we will not issue any refund for the remaining period. |
2. | If the Termination Procedure has been completed and the Period of Use has expired, you will not be able to continue your use of the features within the Paid Services. If you wish to use the Paid Services thereafter, you must carry out the Application Procedure again. |
3. | The previous two clauses may not be applicable depending on the region where a user resides, a user’s age, and/or the Payment Processor. Please see the guide provided by each Payment Processor. |
Article 8: Return/Refund Policy
FEES THAT HAVE BEEN PAID BY USER FOR THE PAID SERVICES ARE NONREFUNDABLE. YOU CANNOT CANCEL THE APPLICATION PROCEDURE. YOU ALSO ACKNOWLEDGE THAT WE WILL NOT REFUND MONEY OR OTHER COMPENSATION WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. Certain jurisdictions may provide additional statutory rights, including a cooling-off period that allows you to withdraw from a purchase. Nothing herein is meant to limit your return, cancellation, or refund rights for your purchase of the Paid Services under local law.
Article 9: Changes to the Service and the Terms
1. | We may, at any time, modify the contents of the service (including the contents of the Paid Services) without notifying you. Installation of the updated version of the application may be required in order for you to continue using the service. |
2. | We will modify the contents of the Terms at will as it becomes necessary. |
3. | If we change the Terms, that information will be published within the service or on the official site. Changes to the Terms will take effect the moment they are published through the service or the official site. We will consider your continued use of the service as acceptance of the updated Terms. |
Article 10: Transfer upon Upgrading of Device
For the Nintendo Switch Version: If you wish to transfer the data to a different Nintendo Switch system, you must carry out the “Transfer Your Save Data” procedure on the Nintendo Switch system. This transfer is one of the features of Nintendo Account Linking. For the Smart Device Version: If you wish to transfer the data to a different smart device, Nintendo Account Linking is required. This transfer is one of the features of Nintendo Account Linking.
Article 11: Personal Information Privacy
Personal information provided to us through the service by a User will be handled in accordance with the Privacy Notice, which we will modify at will as it becomes necessary.
Article 12: Responsibilities of Use
1. | Users are responsible for their own use of the service. |
2. | We do not guarantee to Users that there are no defects or bugs in the service, and we will bear no responsibility for repairing defects or bugs. |
3. | We offer no guarantees whatsoever regarding the service's use on all devices or the service's content. |
4. | If a User causes damage to us or others by using the service, that User will be personally responsible for the costs of compensation for the damage. |
5. | The service may contain links to websites other than those operated by us. We bear no responsibility whatsoever regarding the contents of said websites. |
6. | We will provide the service based on information from a User. The Company is not responsible for any loss or damages incurred by a User due to errors or inaccurate information provided by a User. |
Article 13: Nintendo Account Linking
For the Nintendo Switch Version: Nintendo Account Linking will be required to use the service. For the Smart Device Version: Nintendo Account Linking is optional when using the service but some features within the service may become available through Nintendo Account Linking. For Both Versions:
1. | If you will be using the Nintendo Account Linking service, you must comply with the Terms and other terms stipulated by us as well as the Terms of Use, Privacy Notice, and other terms for Nintendo Account. We make no warranties with respect to Nintendo Account and are not responsible for any loss or damages incurred by you. |
2. | If you use the Nintendo Account Linking service, you may be suspended from using Nintendo Account or, depending on your country setting in Nintendo Account, may be fully or partially restricted from using the service. The Company and Nintendo Co., Ltd. are not responsible for any loss or damages incurred by you due to the linking of Nintendo Account and the service. |
Article 14: Intellectual Property Rights
Users will not obtain intellectual property rights, claim rights, or any other rights whatsoever to any of the contents contained in the service, including, without limitation, User data, aggregate information, or other information relating to the use of the service. Use of content outside of the service is also prohibited.
Article 15: Suspension / Modification / Termination of the Service
1. | We may, in our sole discretion and without notice, restrict, terminate, or suspend your use of all or some of the features of the service. |
2. | We may notify Users through the service or the official site at least 30 days in advance if the service is to be terminated. |
3. | We may also, at our sole discretion and without notice, suspend or terminate your User profile and delete all related information. |
4. | Even in cases listed in the previous clauses, we will not, except as otherwise required by applicable law, accept any responsibility for the Users. |
Article 16: Prohibited Actions
We prohibit the following actions:
1. | Acquisition of data on the service through unlawful methods. |
2. | Providing data from the service to others. |
3 | Reproduction of data from the service as well as providing said reproduction to others. |
4. | Violating ours, or others’, intellectual property rights or any other rights, including, but not limited to, creating derivative works based on the content within the service, or any part thereof, or reproducing, distributing, disclosing, or publicly performing the service or any parts thereof. |
5. | Using the service for the benefit of any third party (not subject to these Terms of Use), including, without limitation, in an outsourcing, service bureau, or time-sharing arrangement. |
6. | Using any unauthorized third-party software or other technological means (e.g., bots, mods, hacks, and scripts) to modify the application for the service. |
7. | Infiltration of the server operating the service. |
8. | Actions that may cause a malfunction, bug, or other defect with the servers that operate the service. |
9. | Excessively and unnecessarily installing the application for the service on numerous devices. |
10. | Development of an unlawful program, tool, or app, regardless of naming, whose goal it is to use the service unlawfully. Also, providing said program, et cetera, to others, or allowing them to use said program, et cetera. |
11. | Any alteration (including falsification), reparation, adaptation, creation of derivative works, decompiling, disassembly, or reverse engineering of the service's data, or any actions resembling these. |
12. | Having others perform any of the actions listed above or influencing others to perform any of the above actions. |
13. | Aiding others in performing any of the actions listed above or facilitating with your own actions. |
14. | Actions that we have notified Users, or announced through the service or the official website, are prohibited. |
15. | Any and all actions that would hamper the operations of the service. |
16. | Any and all actions we judge to be unsuitable. |
17. | Attempts to circumvent any restriction in the service based upon age, geography, or other restrictions imposed by us. |
Article 17: Indemnification
You agree to indemnify, defend, and hold us and all affiliated companies, and all officers, directors, owners, employees, agents, information providers, affiliates, licensors, and licensees thereof, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with your use of the service. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Article 18: Disclaimers
1. | You understand that the service is provided to you “AS IS” and may not work on every device or in every situation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES RELATING TO THE APP, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY OF TITLE, OR CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SERVICE. |
2. | TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT, NOR WILL ITS AFFILIATED COMPANIES, AND ALL OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES, LICENSORS, AND LICENSEES THEREOF, BE LIABLE WITH RESPECT TO THE SERVICE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF INFORMATION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, OR FOR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF THE COMPANY OR ITS LICENSORS OR AGENTS. |
3. | If, despite the disclaimers provided above, we are found responsible for damages to a User, the range of that responsibility will be limited to ordinary damages that directly affected the User and will not include compensation for lost wages or any other special damages. In addition, the total sum of damages will be limited to the total amount paid by a User for the service or 100 JPY, whichever is higher, except as otherwise required by applicable law. |
Article 19: Governing Law/Jurisdiction
1. | The Terms will be interpreted in accordance with Japanese laws. |
2. | In disputes between us and the Users, Tokyo District Court will have exclusive jurisdiction in the first instance of said dispute. |
Article 20: Links to Third-Party Sites
In the course of using the service, you may be provided links from the service to other sites, either controlled by us, an affiliate, or an unaffiliated third party. Once you leave the service, the Terms no longer apply, and you will be subject to the terms of service and privacy notices of the linked sites.
Article 21: Feedback
We may provide you with opportunities to let us know what works and what does not work with the service. If you respond to any of our requests for information, or if you report errors in the service or any other problems you discover with the service, you agree that we will own the rights to such feedback (including the rights provided for in Articles 27 and 28 of the Copyright Act).
Supplementary Provisions
Last updated February 12, 2020