TERMS OF SERVICE
1. Definitions
For purposes of these Terms:
- "Service" means the CryptoGames Global Mystery Box (オリパ) platform, including all related websites, applications, and features operated by CryptoGames Inc.
- "User," "you," or "your" means any individual who accesses or uses the Service.
- "BONK" means the BONK meme cryptocurrency token built on the Solana blockchain, used within the Service.
- "Mystery Box" means a digital randomized pack of NFTs or in-game items offered through the Service.
- "NFT" means a non-fungible token — a unique digital asset recorded on a blockchain.
- "Wallet Address" means a public cryptographic address used to send, receive, or store digital assets.
- "OFAC" means the U.S. Department of the Treasury's Office of Foreign Assets Control.
- "Sanctions Lists" means any list of sanctioned individuals, entities, or addresses published by OFAC, the United Nations, the European Union, or other applicable authority, including the Specially Designated Nationals and Blocked Persons List (SDN List).
1.2 Brand Relationship
"BONK" and "Bonkuji" are brands licensed to CryptoGames Inc. from a separate brand owner (the "Brand Owner"). CryptoGames Inc. operates the Service and is the sole party to these Terms of Service and the Privacy Policy. The Brand Owner is not a party to these agreements and has no operational role in the Service.
CryptoGames Inc. is solely responsible for:
- Platform operations, maintenance, and technical infrastructure
- User account management and customer support
- Payment processing and transaction handling
- Compliance with all applicable laws and regulations
- All obligations under these Terms of Service and the Privacy Policy
The Brand Owner is responsible only for:
- Brand standards and marketing guidelines
- Approval of brand-related content and design
Users agree that the Brand Owner has no liability for any aspect of Service operation, platform performance, user disputes, regulatory compliance, or any other matter arising from use of the Service.
2. Acceptance of Terms
By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting an updated version with a new effective date. Continued use of the Service after changes constitutes acceptance of the modified Terms.
3. Eligibility
3.1 Age Requirements
You must be at least 18 years of age to use the Service. In jurisdictions where the age of majority is higher, you must meet that higher age requirement. We do not knowingly permit access by persons under 18.
For users in the European Economic Area (EEA): if you are between 13 and 15 years of age, parental or legal guardian consent is required in accordance with Article 8 of the GDPR. If you are under 13, you may not use the Service under any circumstances.
3.2 Geographic Restrictions
THE SERVICE IS NOT AVAILABLE IN ANY JURISDICTION WHERE IT WOULD BE PROHIBITED BY APPLICABLE LAW. You are solely responsible for compliance with all laws applicable in your jurisdiction.
3.3 Sanctions Restrictions
You may not use the Service if you are:
- located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive U.S. economic sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine, and such other regions as designated from time to time);
- identified on the OFAC SDN List, OFAC's Non-SDN Consolidated Sanctions List, or any other applicable Sanctions List;
- owned 50% or more, directly or indirectly, by a person or entity on any Sanctions List; or
- otherwise prohibited from engaging in transactions under applicable sanctions laws.
4. Account Registration and KYC
To access certain features of the Service, you must create an account by providing accurate and complete information. You agree to keep your account information current and not to share your credentials with any third party.
We may require identity verification (KYC — Know Your Customer) as a condition of using certain Service features, including but not limited to purchases above certain thresholds or withdrawal of digital assets. By submitting KYC documentation, you consent to our processing of such information in accordance with our Privacy Policy and applicable anti-money laundering (AML) laws.
We reserve the right to suspend or terminate any account that provides false, inaccurate, or misleading information, or that fails to complete required verification.
5. Service Description
5.1 Mystery Boxes
The Service allows users to purchase digital Mystery Boxes containing randomized NFTs or in-game items. Each Mystery Box has published odds disclosing the probability of receiving each category of item. By purchasing a Mystery Box, you acknowledge the randomized nature of the contents and accept the disclosed odds.
5.2 BONK Integration (Planned Future Feature)
The Service may in the future integrate with the BONK token on the Solana blockchain. At present, BONK tokens cannot be used to purchase Mystery Boxes and are not distributed as Mystery Box contents. If and when BONK integration is introduced, we will update these Terms and notify users through the Service in advance. You are solely responsible for the security of any Wallet Address you connect to the Service and for your private keys. We are not liable for any losses arising from your failure to secure your Wallet.
5.3 No Guarantee of Value
Digital assets, including NFTs and BONK tokens, are highly volatile and speculative. The Service does not guarantee any monetary value for items obtained through Mystery Boxes. Past performance of any digital asset is not indicative of future results.
5.4 Not Gambling
Mystery Boxes are entertainment products, not gambling. Each Mystery Box contains digital items of value. While the specific items are randomized, you always receive items. The Service is designed for collectors and entertainment, not as a form of gambling or investment.
If you are concerned about addictive behavior or compulsive purchasing, please seek professional help. We encourage responsible use and provide tools to limit your spending where such tools are available.
6. Purchases and Payments
All purchases are final. We do not offer refunds except as required by applicable law or as expressly stated in these Terms. You are responsible for all applicable taxes associated with your purchases.
Payments may be made using supported methods as specified on the Service. We reserve the right to change accepted payment methods at any time. If a transaction is flagged for compliance review under our AML or OFAC compliance procedures, we may temporarily delay or permanently decline the transaction.
7. Prohibited Activities
You agree NOT to:
- use the Service in any jurisdiction or in any manner that violates applicable law, regulation, or these Terms;
- circumvent geographic or sanctions restrictions using VPNs, proxies, Tor, or other means;
- use the Service to launder money, finance terrorism, or engage in any other financial crime;
- transact using a Wallet Address that appears on any Sanctions List or that has been associated with sanctioned activity;
- engage in market manipulation, wash trading, or any deceptive trading practice;
- reverse engineer, decompile, or disassemble any part of the Service;
- use bots, scripts, or automated tools to access or interact with the Service;
- attempt to gain unauthorized access to any part of the Service or its related systems;
- impersonate any person or entity or misrepresent your affiliation with any person or entity;
- upload, transmit, or distribute any content that is unlawful, harmful, defamatory, or infringing.
8. Sanctions and Export Controls Compliance
8.1 User Representations and Warranties
By using the Service, you represent and warrant that:
- You are not a Sanctioned Person. You are not on the OFAC SDN List, OFAC's Non-SDN Consolidated Sanctions List, the UN Security Council Consolidated List, the EU Consolidated Financial Sanctions List, or any other applicable Sanctions List.
- You are not located in a Sanctioned Jurisdiction. You are not located in, ordinarily resident in, or organized under the laws of any country or territory subject to comprehensive U.S., EU, or UN sanctions.
- You are not acting on behalf of a Sanctioned Person. You are not acting as an agent, representative, or nominee on behalf of any Sanctioned Person.
- Your Wallet Address is not sanctioned. No Wallet Address you use in connection with the Service is identified on any Sanctions List.
- You will promptly notify us if any of the above representations become inaccurate.
8.2 Our Rights
We reserve the right, at our sole discretion, to:
- screen your name, associated persons, and Wallet Addresses against applicable Sanctions Lists at any time;
- block transactions to or from any Wallet Address that appears on or is associated with any Sanctions List;
- immediately suspend or terminate your account if we reasonably believe you are a Sanctioned Person or are in a Sanctioned Jurisdiction;
- freeze digital assets in your account pending regulatory review;
- report suspected sanctions violations to OFAC or other applicable regulatory authorities.
8.3 No Circumvention
You must not use VPNs, proxies, Tor nodes, or any other technology or method to disguise your true location or identity for the purpose of circumventing geographic or sanctions restrictions. Violation of this provision constitutes a material breach of these Terms.
8.4 Voluntary Self-Disclosure
In the event that we discover a potential sanctions violation, we may submit a Voluntary Self-Disclosure to OFAC in accordance with OFAC's enforcement guidelines. You agree to cooperate fully with any such compliance investigation.
9. GDPR — Data Protection Rights (EEA Users)
If you are located in the European Economic Area (EEA), the United Kingdom, or Switzerland, the following additional provisions apply to the processing of your personal data under the EU General Data Protection Regulation (GDPR) and applicable national law.
9.1 Data Controller
The data controller responsible for your personal data is: CryptoGames Inc. For inquiries, please use our contact form: https://forms.gle/BEfBg4tU6tRG1KJ5A.
9.2 Your Rights
Subject to applicable law, you have the following rights with respect to your personal data:
- Right of Access (Art. 15): You may request a copy of the personal data we hold about you.
- Right to Rectification (Art. 16): You may request correction of inaccurate or incomplete data.
- Right to Erasure / 'Right to be Forgotten' (Art. 17): You may request deletion of your data, subject to legal retention obligations.
- Right to Restriction of Processing (Art. 18): You may request that we restrict how we process your data.
- Right to Data Portability (Art. 20): You may request a machine-readable copy of data you have provided to us.
- Right to Object (Art. 21): You may object to processing based on legitimate interests.
- Right to Withdraw Consent (Art. 7(3)): Where processing is based on consent, you may withdraw consent at any time without affecting prior processing.
To exercise any of these rights, please contact us via our contact form: https://forms.gle/BEfBg4tU6tRG1KJ5A. We will respond within one month (extendable by up to two additional months for complex requests).
9.3 Right to Lodge a Complaint
You have the right to lodge a complaint with a data protection supervisory authority in your country of residence. For a list of EU supervisory authorities, visit: https://edpb.europa.eu.
9.4 Legal Basis for Processing
We process your personal data on the following legal bases: (a) performance of a contract (Art. 6(1)(b)) — processing necessary to provide the Service; (b) legal obligation (Art. 6(1)(c)) — processing required by AML/KYC laws; (c) legitimate interests (Art. 6(1)(f)) — security, fraud prevention, and sanctions screening; (d) consent (Art. 6(1)(a)) — for marketing communications and non-essential cookies. For full details, please refer to our Privacy Policy.
9.5 International Data Transfers
Your personal data may be transferred to and processed in Japan and other countries outside the EEA. Such transfers are subject to appropriate safeguards including: (a) the European Commission's adequacy decision for Japan; and (b) EU Standard Contractual Clauses (2021 version) for transfers to other third countries. A copy of our transfer safeguards is available upon request.
10. Intellectual Property
10.1 Platform Content
All platform infrastructure, software, code, and non-branded content on the Service is the property of CryptoGames Inc. and is protected by applicable intellectual property laws.
10.2 BONK Brand and Trademarks
The "BONK" name, "Bonkuji" name, BONK logo, and all related branding, trademarks, and service marks (collectively, the "BONK Marks") are owned by the Brand Owner and licensed to CryptoGames Inc. for use in connection with the Service.
Users have no rights in the BONK Marks except as expressly granted by the Brand Owner through separate agreement. Use of the BONK Marks outside the Service requires prior written permission from the Brand Owner.
10.3 NFT License
Upon purchasing an NFT through the Service, you receive a limited, non-exclusive, non-transferable, non-sublicensable license to display the associated artwork for personal, non-commercial use only.
This license does NOT grant you:
- Ownership of the underlying intellectual property in the artwork
- Rights to reproduce, distribute, or create derivative works
- Rights to use the artwork for commercial purposes
- Rights to use BONK Marks in connection with the artwork
If you sell or transfer the NFT, this license transfers to the new owner and terminates for you.
10.4 Infringement
If you believe any content on the Service infringes your intellectual property rights, contact us via our contact form with details of the alleged infringement.
11. Privacy
Your use of the Service is governed by our Privacy Policy, incorporated herein by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information, including our practices regarding cookies, analytics, and your rights under the GDPR and other applicable privacy laws.
12. Disclaimers and Limitation of Liability
THE SERVICE 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, OR NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) USD $100.
Nothing in these Terms limits liability that cannot be excluded under applicable law, including consumer protection law in your jurisdiction.
12.2 Brand Owner Limitation
The Brand Owner of the BONK and Bonkuji brands (as described in Section 1.5) is not a party to these Terms and has no operational role in the Service. Users acknowledge and agree that:
- All claims, disputes, and liabilities arising from use of the Service are solely between User and CryptoGames Inc.;
- The Brand Owner shall have no liability whatsoever for platform operations, technical issues, user disputes, payment processing, regulatory compliance, or any other matter related to the Service;
- Users waive any and all claims against the Brand Owner arising from or related to use of the Service;
- This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and survives termination of these Terms.
Users agree not to name, join, or otherwise include the Brand Owner in any legal action, arbitration, or claim related to the Service.
12.3 Blockchain and Smart Contract Risks
The Service involves blockchain technology, NFTs, and smart contracts. You acknowledge and accept the following risks:
- Smart Contract Risks: Smart contracts are autonomous code that cannot be modified once deployed. We are not responsible for bugs, exploits, or unintended behavior in smart contracts.
- Blockchain Immutability: Blockchain transactions are irreversible. Once a transaction is confirmed on the blockchain, it cannot be undone. We cannot reverse, cancel, or refund blockchain transactions.
- Network Congestion and Gas Fees: Blockchain networks may experience congestion, delays, or failures. Gas fees (transaction costs) are determined by the network and may fluctuate significantly. We are not responsible for failed transactions or high gas fees.
- Wallet Security: You are solely responsible for securing your wallet and private keys. We cannot recover lost private keys or reverse unauthorized transactions from compromised wallets.
- Regulatory Uncertainty: Blockchain and NFT regulations are evolving and may change. Future regulatory actions could impact the Service or the value of digital assets.
- Third-Party Protocols: The Service may interact with third-party blockchain protocols, oracles, or services. We are not responsible for failures, exploits, or issues with third-party systems.
- No Value Guarantee: NFTs and digital assets have no inherent value. Market prices are highly volatile and speculative. We make no representations about current or future value.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR LOSSES ARISING FROM BLOCKCHAIN, SMART CONTRACT, OR CRYPTOGRAPHIC TECHNOLOGY RISKS.
13. Indemnification
You agree to indemnify, defend, and hold harmless CryptoGames Inc. and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, penalties, fines, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or third-party right; or (d) your breach of any sanctions, AML, or other compliance obligation.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of Japan, without regard to conflict of law principles. Any dispute arising from these Terms shall first be subject to good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration administered by the Japan Commercial Arbitration Association (JCAA) in Tokyo, Japan, conducted in Japanese.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction. Nothing in this section limits the right of EEA users to bring claims before the courts or supervisory authorities of their country of residence under applicable consumer protection or data protection law.
15. General Provisions
- Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and us regarding the Service.
- Severability: If any provision is found unenforceable, the remaining provisions remain in full force.
- Waiver: Failure to enforce any provision does not constitute a waiver of our rights.
- Assignment: You may not assign your rights under these Terms. We may assign our rights and obligations freely.
- Force Majeure: We are not liable for failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, government actions, labor disputes, internet or telecommunications failures, blockchain network failures, hard forks, consensus failures, 51% attacks, or other blockchain protocol disruptions.
16. Contact Information
For any inquiries, requests, or complaints relating to this Terms of Service or the processing of your personal data, please contact us using the details below:
| Company | CryptoGames Inc. |
| Address | Kuwano Building 2F, 6-23-4 Jingumae, Shibuya-ku, Tokyo 150-0001, Japan |
| Contact Form | https://forms.gle/BEfBg4tU6tRG1KJ5A |
| Privacy Inquiries | https://forms.gle/BEfBg4tU6tRG1KJ5A |
| GDPR / DPO Contact | https://forms.gle/BEfBg4tU6tRG1KJ5A |
| Compliance Inquiries | https://forms.gle/BEfBg4tU6tRG1KJ5A |
| Support | https://forms.gle/BEfBg4tU6tRG1KJ5A |