Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the Miku virtual pet companion application (“App”), you agree to be bound by these Terms of Service (“Terms”) between you and PraserGames LLC, a New Jersey limited liability company (“Company”, “we”, “us”, “our”). If you do not agree, do not use the App. Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the App, you agree to the automatic collection of crash reports and diagnostic data as described in our Privacy Policy. Crash reporting is a required feature of the App and cannot be disabled. Crash report data is automatically deleted after 90 days.

2. Eligibility

You must be at least 13 years of age to use the App (or at least 16 in the European Economic Area). By using the App you represent that you meet this requirement. If you are between 13 and 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. Parents or legal guardians who consent to a minor's use of the App assume responsibility for the minor's compliance with these Terms.

3. License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App for personal, non-commercial purposes on devices you own or control.

4. Prohibited Conduct

You agree not to:

• Reverse-engineer, decompile, or disassemble the App.
• Use the App for any unlawful purpose or in violation of any applicable regulation.
• Attempt to gain unauthorized access to any server, account, or system.
• Upload or transmit harmful content, including content that promotes self-harm, violence, or harassment, as well as offensive or illegal content.
• Use automated scripts or bots to interact with the App.
• Interfere with or disrupt the integrity or performance of the App.

5. In-App Purchases

The App may offer optional in-app purchases. All purchases are:

• Final and non-refundable, except as required by applicable law or as provided by Apple App Store or Google Play platform policies.
• Processed by Apple (iOS) or Google (Android); we do not store your payment information.
• Subject to the respective platform's terms and refund policies.

6. Intellectual Property

All content, graphics, software, and trademarks in the App are owned by or licensed to PraserGames LLC. Nothing in these Terms grants you any right to use our intellectual property except as expressly set out here.

7. Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

The App uses AI to generate chat responses. AI-generated responses may contain inaccuracies and are provided for entertainment purposes only. They are not a substitute for professional advice of any kind, including but not limited to medical, legal, financial, or veterinary advice.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRASERGAMES LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) USD $10.

Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; (d) liability that cannot be excluded under applicable data protection law; or (e) any other liability that cannot be excluded or limited by applicable law.

9. Indemnification

You agree to indemnify and hold harmless PraserGames LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from your breach of these Terms or your Prohibited Conduct as described in Section 4. This indemnification obligation does not apply to the extent that the underlying claim arises from the Company's own negligence, willful misconduct, or breach of these Terms.

10. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of New Jersey, United States, without regard to its conflict-of-law provisions.

Any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding individual arbitration under the AAA Consumer Arbitration Rules, and not by class action or jury trial. You waive any right to participate in a class-action lawsuit or class-wide arbitration. You may opt out of this arbitration agreement by sending written notice to support@prasergames.com within 30 days of first accepting these Terms. Either party may bring claims in small claims court if the claim qualifies.

For claims under USD $5,000, the Company will pay all AAA filing, administration, and arbitrator fees.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction for actual or threatened infringement of intellectual property rights.

If you are a resident of the European Union or United Kingdom, you retain the right to bring proceedings in your local courts under GDPR Art. 79, and nothing in this arbitration clause restricts that right.

11. Termination

We may suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Upon termination your license to use the App ends immediately.

Following termination, you will have 30 days to request export of your data or deletion of your account by contacting support@prasergames.com. If you believe your termination was in error, you may appeal by contacting the same address with a description of the circumstances.

12. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via an in-app prompt requiring re-acceptance. Your continued use of the App after re-acceptance constitutes agreement to the revised Terms.

13. User-Generated Content

You retain ownership of any content you submit through the App (such as feedback, comments, and display names). By submitting content, you grant PraserGames LLC a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content solely for the purpose of operating and improving the App.

Your content will not be used for third-party AI model training. You are responsible for ensuring your content does not violate the Prohibited Conduct outlined in Section 4.

14. Third-Party Platform Terms

The App is made available through the Apple App Store and Google Play Store. You acknowledge that these Terms are between you and PraserGames LLC only, and not with Apple or Google. However, Apple and Google, and their subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance, they have the right to enforce these Terms against you as third-party beneficiaries. Your use of the App must also comply with the applicable platform's terms of service.

15. Survival

Sections 6 (Intellectual Property), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), and 10 (Governing Law & Dispute Resolution) shall survive any termination or expiration of these Terms.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PraserGames LLC regarding your use of the App, and supersede all prior agreements, understandings, and communications, whether written or oral.

18. Waiver

The failure of PraserGames LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by PraserGames LLC to be effective.

19. Assignment

PraserGames LLC may assign or transfer these Terms, in whole or in part, to a successor entity in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without your prior consent. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

20. DMCA / Copyright Notices

If you believe that content on the App's feedback board infringes your copyright, you may submit a takedown notice to support@prasergames.com including:

• Identification of the copyrighted work you claim has been infringed.
• Identification of the content you claim is infringing, with enough detail for us to locate it.
• Your contact information (name, address, email, phone).
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner.
• A statement under penalty of perjury that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
• Your physical or electronic signature.

21. Force Majeure

PraserGames LLC shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure failures, pandemics, or labor disputes.

22. Service Discontinuation

If we decide to permanently discontinue the App or any material feature, we will provide at least 30 days' advance notice via the App or email (if you have linked an email address to your account). During this notice period, you may request export of your data by contacting support@prasergames.com.

23. Contact

If you have questions about these Terms, contact us at support@prasergames.com.

PraserGames LLC · New Jersey, United States