Terms of Service

Service Provider Information

Phone: +81 3-5665-3673

Email: info@bina-ry-beat.com

1. Acceptance of Terms

By accessing or using the Binary Beat website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our website or services.

These terms constitute a legally binding agreement between you and Binary Beat. We reserve the right to modify these terms at any time, and such modifications will be effective immediately upon posting on our website.

2. Service Description

Available Services

Binary Beat provides professional arcade game development services, including but not limited to:

• Custom arcade game development and design
• Platform certification and compliance support
• Virtual arcade platform development
• Technical consulting and project support

Service Access

Our services are provided on a project-by-project basis following consultation and agreement on scope, timeline, and compensation. Access to specific development services requires a signed service agreement. The website is available for informational purposes without registration, though certain features may require providing contact information.

3. Acceptable Use Policy

You agree to use our website and services only for lawful purposes and in accordance with these Terms. You specifically agree not to:

• Use our services for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the operation of our website or services
• Transmit any harmful code, viruses, or malicious software
• Engage in any activity that could damage our reputation or business
• Reproduce, duplicate, or copy any content without authorization
• Use automated systems to access our website without permission
• Impersonate any person or entity or misrepresent your affiliation

4. User Accounts and Access

Account Creation

While general website access does not require an account, certain services may require registration or account creation. When creating an account or providing information:

• You must provide accurate and complete information
• You are responsible for maintaining account confidentiality
• You must notify us immediately of any unauthorized access
• You are responsible for all activities under your account

Account Termination

We reserve the right to suspend or terminate your access to our services at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.

5. Service Availability and Modifications

Uptime and Maintenance

While we strive to maintain continuous service availability, we do not guarantee uninterrupted access to our website or services. We may perform scheduled maintenance or make updates that temporarily affect service availability. We will make reasonable efforts to minimize disruption and provide advance notice when possible.

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. This includes changes to features, functionality, pricing, or service offerings. We are not liable for any modification, suspension, or discontinuation of services.

Geographic Restrictions

Our services may not be available in all geographic locations. We reserve the right to limit service availability based on location, and certain features may be restricted in specific jurisdictions due to legal or regulatory requirements.

6. Intellectual Property Rights

Our Content

All content on our website, including text, graphics, logos, images, software, and other materials, is the property of Binary Beat or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without explicit written permission.

Client Content and Project Rights

For development projects, intellectual property rights and ownership are defined in individual service agreements. Generally:

• Client retains ownership of original concept and materials provided
• Developed work ownership is transferred upon full payment as specified in agreements
• We may retain rights to proprietary tools and technologies used in development
• Portfolio rights and project showcasing are negotiated per agreement

Trademarks

"Binary Beat" and associated logos are trademarks of Binary Beat. You may not use our trademarks without prior written consent. All other trademarks, service marks, and trade names referenced on our website are the property of their respective owners.

7. Payment and Fees

Fees for development services are established in individual service agreements. Payment terms include:

• All fees are quoted in Japanese Yen (¥) unless otherwise specified
• Payment schedules are defined per project agreement
• Late payments may incur additional fees as specified in agreements
• All fees are non-refundable unless otherwise stated in the service agreement
• We reserve the right to modify pricing with advance notice for future projects

8. Disclaimers and Limitations

Service Disclaimer

Our website and services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will be uninterrupted, error-free, or secure.

Limitation of Liability

To the maximum extent permitted by law, Binary Beat shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our services.

9. Indemnification

You agree to indemnify, defend, and hold harmless Binary Beat, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of our services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

10. Governing Law and Dispute Resolution

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Japan.

Dispute Resolution

We encourage you to contact us directly to resolve any disputes. If informal resolution is not possible, disputes shall be resolved through binding arbitration in accordance with the rules of the Japan Commercial Arbitration Association, unless otherwise required by applicable law.

11. General Provisions

Severability

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

Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Binary Beat regarding the use of our services.

Waiver

No waiver of any term or condition shall be deemed a continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.