Terms of Service

Welcome to THE LEGEND OF CALIFORNIA (the “Game”). These Terms of Service (these “Terms”) are a legally binding agreement between you and Kintsugiyama, Inc. (“Company”, “us”, “our”, and “we”), and govern your access to and use of the Services described in Section 1.1.

By accessing or using any of the Services, you (i) acknowledge that you have read and understand these Terms; (ii) represent that you meet the eligibility requirements in Section 2; and (iii) accept these Terms and agree that you are legally bound by them. If you do not agree to these Terms, you may not access or use the Services.

EARLY ACCESS NOTICE: THE GAME AND THE ONLINE SERVICES ARE PROVIDED AS AN EARLY ACCESS, BETA, OR PRE-RELEASE VERSION AND ARE NOT A FINAL PRODUCT. THEY MAY CONTAIN BUGS, ERRORS, AND OTHER ISSUES THAT MAY AFFECT FUNCTIONALITY, PERFORMANCE, OR DATA. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT (A) THE SERVICES MAY BE MODIFIED, SUSPENDED, OR DISCONTINUED AT ANY TIME WITHOUT NOTICE, AND (B) YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

1. Scope and Related Agreements

1.1 The Services. “Services” means, collectively: (a) the Game, including any game client, game server, or online feature we operate; (b) our websites, including kintsugiyama.com and any website we operate for the Game (the “Sites”); (c) the Discord application described in Section 5 (the “Discord Application”); and (d) any community server, channel, or account we operate. These Terms are the umbrella agreement for all of the Services.

1.2 Related Agreements. The following agreements are incorporated into these Terms by reference and form part of your agreement with us: (a) the End-User License Agreement (the “EULA”), which governs the license granted to you to download, install, and play the Game; (b) the Privacy Policy, which describes how we collect and handle Personal Data; and (c) the Cookie Policy. If you participate in a closed test, playtest, or similar program, the Closed Test Agreement also applies to that participation.

1.3 Order of Precedence. If there is a conflict between these Terms and a Related Agreement, the Related Agreement controls as to its subject matter: the EULA controls as to the license to and use of the Game client; the Privacy Policy controls as to the handling of Personal Data; and the Closed Test Agreement controls as to your participation in a closed test. These Terms control as to all other matters. The parties intend these Terms and the Related Agreements to be read together as a single agreement, and any integration or entire-agreement provision in a Related Agreement is modified accordingly.

1.4 Third-Party Terms. Certain third parties, including Valve (Steam), Epic Games, and Discord Inc., have their own agreements directly with you. Nothing in these Terms modifies, supersedes, or is inconsistent with those agreements, and nothing in these Terms creates any obligation on the part of those third parties. See Section 7.

2. Eligibility

Only persons meeting the following requirements may access or use the Services:

(a) persons who are at or above the legal age of majority in their jurisdiction (18 years old in most states) who agree to be bound by these Terms; or

(b) persons who are at least 16 years old but under the legal age of majority in their jurisdiction, who have the consent and are under the supervision of their parent or legal guardian, and who agree, along with their parent or guardian, to be bound by these Terms.

Where a third-party platform imposes a higher minimum age for use of that platform, you must also meet that requirement to use the corresponding Service. The Services are not directed to, and we do not knowingly collect Personal Data from, persons below the ages set out above.

3. Accounts and Account Linking

3.1 Accounts. Certain Services require an account. You agree to provide accurate and complete information, to keep it current, and to safeguard your credentials. You are responsible for all activity that occurs under your account. Notify us promptly at the address in Section 14.9 if you believe your account has been compromised.

3.2 Account Linking. The Services allow you to link your Game account to accounts you hold with third-party platforms, including Steam, Epic Games, and Discord. Linking is optional and is initiated by you. When you link an account, you authorize us to receive from that platform the information described in our Privacy Policy and to use it for the purposes described there and in these Terms. You may unlink an account at any time as described in Section 5.4 or in the applicable platform’s settings.

3.3 Suspension and Termination of Accounts. We may suspend or terminate your account or your access to any Service in accordance with Section 11.

4. Acceptable Use

4.1 Acceptable Use Policy. The Acceptable Use Policy set out in Section 2 of the EULA applies to your use of all of the Services, and references in it to the Game are read as references to the Services. Without limiting that policy, you agree not to use any Service in a manner that is unlawful, infringing, harassing, abusive, deceptive, or harmful to others, or that interferes with the operation of the Services or any other user’s enjoyment of them.

4.2 Community Standards. When you use a community server, channel, or account we operate, including on Discord, you must also comply with the rules of that community and with the terms and community guidelines of the platform hosting it.

4.3 Enforcement. We reserve the right (but have no obligation) to investigate and to take appropriate action against you in our sole discretion if you violate this Section 4 or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing content, restricting or removing access to any Service, unlinking a linked account, suspending or terminating your account, terminating these Terms in accordance with their terms, and reporting you to law enforcement authorities.

5. The Discord Application

5.1 What the Discord Application Does. The Discord Application is an application we operate on the Discord platform. Its functionality is limited to: (a) enabling you to link your Discord account to your Game account; and (b) on the basis of that link, assigning, updating, or removing roles and role connection metadata associated with your Discord account in Discord servers we operate or that use the integration, so that your linked status and eligibility are reflected automatically. The Discord Application does not provide interactive commands to users, does not read the content of your messages, and does not post messages on your behalf.

5.2 Your Authorization. When you link your Discord account, you expressly authorize us to (a) receive from Discord the information covered by the permissions you approve on Discord’s authorization screen at the time you link, and (b) make the changes to your Discord account described in Section 5.1. We will not request permissions beyond those needed for the functionality described in Section 5.1, and we will not make any other change to your Discord account. If we materially change what the Discord Application does with your Discord account, or the permissions it requests, we will inform you and, where required, obtain your permission before that change takes effect. Section 5.3 and the Privacy Policy describe that information; they do not enlarge this authorization.

5.3 Information We Receive. The Privacy Policy states which categories of information we receive through the Discord Application and how we handle them. It is the authoritative statement of those categories and they are not restated here. Whatever that information comprises, we use it only as necessary to provide the functionality described in Section 5.1; we do not sell, license, or otherwise commercialize it; and we do not disclose it to data brokers, advertising networks, or other monetization-related services.

5.4 Unlinking and Deletion. You may unlink your Discord account at any time, either through the Game or by revoking the authorization in your Discord account settings (User Settings → Authorizations / Authorized Apps). When you unlink, we will cease making role changes to your Discord account and will delete or de-identify the associated linkage data in accordance with the Privacy Policy and our retention schedule. You may also exercise your data protection rights, including deletion, by contacting us at privacy@kintsugiyama.com.

5.5 Discord Is a Third Party. Discord is operated by Discord Inc., which is not a party to these Terms and has no responsibility or liability under them. Your use of Discord is governed by your own agreement with Discord Inc., including Discord’s Terms of Service, Privacy Policy, and Community Guidelines. Nothing in these Terms supersedes, modifies, or is inconsistent with those Discord terms, which control in the event of any conflict. We are not affiliated with, endorsed by, or sponsored by Discord Inc. DISCORD is a trademark of Discord Inc., used here for identification only.

5.6 Availability. The Discord Application is provided as part of the Services and is subject to Sections 8, 9, and 10. We may modify, suspend, or discontinue the Discord Application, in whole or in part, at any time and without notice to you, and we have no obligation to provide support or maintenance for it.

6. Ownership, Feedback, and Trademarks

6.1 Ownership. As between you and Company, we and our licensors own all right, title, and interest in and to the Services, including all associated intellectual property rights. Except for the limited rights expressly granted to you in the EULA and these Terms, no right, title, or interest in or to any Service is transferred to you.

6.2 Feedback. The Feedback provisions of Section 2.3 of the EULA apply to any feedback, information, ideas, comments, or suggestions you provide to us in connection with any of the Services, except that, for feedback you provide in connection with a closed test, Section 6 of the Closed Test Agreement applies in place of this Section.

6.3 Trademarks. Copyright © 2026 Kintsugiyama, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed in or in connection with the Services are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns them.

7. Third-Party Services

The Services interoperate with third-party platforms and services, including Steam, Epic Games, and Discord. Those third parties have their own direct relationship with you, governed by their own terms and privacy policies, and we do not control them. We are not responsible for the availability, accuracy, content, products, or services of any third-party platform, or for any act or omission of a third party. Your dealings with a third-party platform are solely between you and that platform.

8. Disclaimers

THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, COMPANY PROVIDES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR ERROR, OR BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY PLATFORM, INCLUDING DISCORD.

THE DISCLAIMERS IN SECTION 8 OF THE EULA, INCLUDING THE DISCLAIMER RELATING TO THE UNREAL ENGINE, APPLY TO THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR: PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, LOSS OR ALTERATION OF ANY DISCORD ROLE, PERMISSION, OR ACCOUNT STATUS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR ANY DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU AND RECEIVED BY COMPANY, IF ANY, FOR YOUR LICENSE TO THE GAME. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to indemnify, defend, and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from and against any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your violation of the terms of any third-party platform, including Discord. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

11. Term and Termination

These Terms remain in full force and effect while you access or use any Service. We may suspend or terminate your access to any or all of the Services at any time for any reason at our sole discretion, including for any use in violation of these Terms. Upon termination, your right to access and use the Services will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Provisions which by their nature should survive termination will survive, including Sections 1.3, 4, 5.3, 5.4, 6, and 8 through 14.

12. Changes to These Terms

These Terms are subject to occasional revision. If we make any substantial changes, we may notify you by sending an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on the Sites or in the Game. You are responsible for providing us with your most current e-mail address. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes. These changes will be effective immediately for new users. Your continued use of the Services following notice of such changes will indicate your acknowledgement of and agreement to be bound by them.

13. Governing Law and Disputes

13.1 Governing Law. These Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

13.2 Venue. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services will be instituted exclusively in the state and federal courts within Orange County, California. You irrevocably consent to the personal jurisdiction of the courts of Orange County, California and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13.3 Waiver of Jury Trial. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON, ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY HERETO.

13.4 Waiver of Class Action Claims. THE PARTIES AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). THE PARTIES EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM.

13.5 Limitation of Time for Claims. ANY CAUSE OF ACTION OR CLAIM EITHER PARTY MAY HAVE AGAINST THE OTHER ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

13.6 Consumers in the European Union, the EEA, and the United Kingdom. If you use the Services as a consumer and you are habitually resident in the European Union, the European Economic Area, or the United Kingdom, or in any other jurisdiction whose law grants consumers rights that cannot be waived by agreement, this Section 13.6 applies to you and prevails over any conflicting provision of these Terms. (a) Nothing in these Terms, including the choice of law in Section 13.1, deprives you of the protection of any provision of the law of your country of habitual residence that cannot be derogated from by agreement; where such a provision affords you greater protection, that provision applies. (b) You may bring proceedings against us in the courts of your country of habitual residence, and we will bring proceedings against you only in those courts; Section 13.2 applies to you only to the extent it does not restrict that right. (c) Sections 13.3, 13.4, and 13.5 apply to you only to the extent permitted by the law of your country of habitual residence, and do not apply where that law prohibits them or does not give them effect. (d) Nothing in Sections 8, 9, or 10 excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. Your statutory rights as a consumer, including any statutory remedies in respect of digital content or digital services, remain unaffected.

14. General

14.1 Export. The Services may be subject to U.S. export control laws and to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of United States export laws or regulations.

14.2 Disclosures. Company has the mailing address listed in Section 14.9. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

14.3 Severability. The invalidity or unenforceability of any term or provision of these Terms shall not affect the validity or enforceability of any other term or provision. If any term or provision is determined by a court of competent jurisdiction to be illegal or unenforceable under applicable law, such term or provision will be deemed deleted solely to the extent of such invalidity and solely with respect to the persons or circumstances as to which it has been held invalid or unenforceable, and the remainder of the provision shall be modified, rewritten, or otherwise interpreted by the court to include as much of its nature and scope as will render it enforceable, and all other provisions will continue in full force and effect.

14.4 Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or power provided by these Terms will operate as a waiver of that right or power, nor will any single or partial exercise of any right or power preclude further exercise of that or any other right.

14.5 Entire Agreement. These Terms, together with the Related Agreements identified in Section 1.2, constitute the entire agreement between you and us regarding the Services and supersede all prior understandings on that subject. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.

14.6 Relationship of the Parties. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.

14.7 Assignment. These Terms, and your rights and obligations under them, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. These Terms will be binding upon permitted assignees.

14.8 No Third-Party Beneficiaries. Except as expressly stated, these Terms do not confer any rights on any person other than you and Company.

14.9 Contact Information.

Kintsugiyama, Inc.
30511 Avenida De Las Flores #1034
Rancho Santa Margarita, CA 92688
privacy@kintsugiyama.com