Terms of Service
Please read these terms and conditions carefully before using Our Service.
1. Interpretation and Definitions
(a) Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
(b) Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Agreement means this Terms and Conditions and any Supplemental Terms applicable to your use of the Services.
- App means the software program provided by the Company downloaded by You on any electronic device, named LootWalk.
- App Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the App has been downloaded.
- Arbitration Agreement means the dispute resolution mechanism in Section 18.
- Company (referred to as either "the Company", "LootWalk", "We", "Us" or "Our" in this Agreement) refers to PONT Co., Ltd., Jingumae 6-23-4 Kuwano Building 2F, Shibuya, Tokyo, Japan.
- Content means any form of information, including data, text, software, music, audio, images, graphics, videos, messages, tags, and other materials.
- Country refers to: Japan
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Incentive means any benefit that a Referrer may receive as a result of participating in the Referral Program.
- Lootpoints means the in-app currency earned through verified physical activity and other eligible in-app actions. Lootpoints have no cash value and are non-transferable.
- Registered User refers to an individual who has created an Account.
- Services refer to the App and Website.
- Supplemental Terms are additional terms or policies applicable to specific products or services provided by LootWalk that are not covered within these Terms of Service.
- Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- User Content means any Content that is made available by Registered Users on or through the Services.
- Website means the website available at https://lootwalk.co/ and any associated subdomains through or to which these Terms of Service are linked.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
2. Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the App or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
The services provided by LootWalk are intended solely for entertainment purposes. LootWalk does not offer financial or investment advice.
Last updated: April 1, 2026
The Service does not contain or constitute, and should not be interpreted as, any form of medical advice or opinion, diagnosis or treatment, and should never be used as a substitute for medical or emergency care. Your use of the Service does not create a doctor-patient relationship between you and the Company. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App.
3. Your Right to Use the Services
(a) Description of Services. LootWalk provides access to its proprietary platform, including the App, Website, and associated documentation, allowing users to collect treasure chests and earn Lootpoints through physical movement. THE SERVICES ARE FOR ENTERTAINMENT PURPOSES ONLY, AND YOU ACCESS AND USE THEM AT YOUR OWN RISK.
(b) Physical Movement and Rewards. Certain features of the Services require physical movement to collect treasure chests and earn Lootpoints. These rewards are subject to conditions specified by LootWalk and must be earned through genuine activity. Any attempt to simulate movement through artificial means is strictly prohibited.
(c) License to the Services. The Services are protected by copyright and other intellectual property laws worldwide. LootWalk grants users a limited, non-exclusive license to use portions of the Services for personal or internal business purposes, subject to compliance with these Terms.
(d) Battery. When using the App on your mobile device, LootWalk will operate in the background of your mobile device, which in turn may have an impact on the battery life of such device.
4. Earning and Using Lootpoints
Users of the LootWalk App can earn Lootpoints through various methods, with the primary method being verified physical activity, such as walking or other eligible movements. Lootpoints can be used within the App to access certain benefits and features. Lootpoints cannot be redeemed for cash from LootWalk or its affiliates unless explicitly agreed upon in writing.
(a) Physical Activity. The most common way to earn Lootpoints is through verified physical activity, such as steps or other eligible movements tracked by the App. LootWalk uses proprietary algorithms to verify these activities, and only verified movement will result in the accumulation of Lootpoints.
(b) Daily Rewards and Weekly Raffles. Users can also earn Lootpoints through additional reward mechanisms, such as:
- Daily Rewards: Lootpoints may be awarded to users who check in or engage with the App daily.
- Weekly Raffles: Users can participate in weekly raffles for a chance to win additional Lootpoints or other prizes.
(c) Treasure Chests. Lootpoints can also be earned by opening treasure chests placed on the map. The amount of Lootpoints earned from each treasure chest is based on probabilities and rarity. The specific rewards associated with treasure chests are subject to change at LootWalk's sole discretion and without prior notice.
| Rarity | Base Probability |
|---|---|
| Common | 70% |
| Rare | 24.5% |
| Epic | 5% |
| Legendary | 0.5% |
(d) Fraud Prevention. LootWalk reserves the right to destroy any Lootpoints that were not earned through legitimate, verified physical activity or were obtained through fraudulent means. Accounts found to be engaging in such activities may be suspended or disabled at LootWalk's sole discretion.
(e) Eligibility and Verification. LootWalk retains the right to define and alter eligibility criteria, movement verification algorithms, and the amounts of verified activity required to earn Lootpoints. For example, the number of verified steps required to generate a single Lootpoint may change from time to time. The current eligibility criteria and requirements are available in the FAQ section of the App. Movement verification conducted by the App is final and cannot be revised or reversed.
(f) Daily Earning Cap. LootWalk may impose a cap on the maximum number of Lootpoints that can be earned in a single day. This cap may vary based on factors such as user membership levels or other criteria determined by LootWalk. Caps may be adjusted periodically at LootWalk's discretion.
(g) Lootpoint Validity and Expiry. Lootpoints are valid for 180 days from the date on which the user last earned Lootpoints. Each time new Lootpoints are earned, the validity period for all Lootpoints held by the user is extended by a further 180 days from that date. Lootpoints that have not been refreshed within this validity period will automatically expire and be forfeited. LootWalk will endeavour to notify users before expiry via in-app notification. LootWalk reserves the right to modify the validity period by providing at least 30 days' prior notice to users. The remaining validity period of your Lootpoints can be confirmed at any time within the App.
(h) Lootpoints upon Service Termination. In the event that LootWalk discontinues the App or Services, LootWalk will provide users with at least 30 days' prior notice where reasonably practicable. Any unused Lootpoints remaining at the time of service termination will be forfeited. LootWalk shall not be liable for the loss of Lootpoints arising from service termination, as Lootpoints have no monetary value and cannot be redeemed for cash.
By participating in Lootpoint earning, you acknowledge and accept these terms.
5. Third-Party Prize Raffles (Sweepstakes)
LootWalk offers users the opportunity to participate in third-party prize raffles ("Sweepstakes") by using Lootpoints and raffle tickets earned through gameplay or other non-purchase activities. These raffles are sponsored by third-party partners, and the specific details—including the sponsor's name, prize descriptions, and any additional terms—will be provided at the time of entry.
By participating in these raffles, users acknowledge and agree to the following:
(a) Free Entry and Odds of Winning. No purchase or payment of any kind is necessary to enter or win. Users may enter by using Lootpoints and/or raffle tickets earned through in-app activities, or through an alternate method of entry (AMOE), which will be made available in accordance with our General Prize Draw Terms. The odds of winning depend on the number of eligible entries received.
(b) Third-Party Sponsorship. Prizes offered in these raffles are provided by third-party sponsors. While LootWalk facilitates the raffle process, all prizes and associated benefits are the sole responsibility of the sponsoring third party. LootWalk does not guarantee or endorse the quality, legality, or usability of any prizes.
(c) Prize Value and Fulfillment. Prizes may include merchandise (e.g., electronics), gift cards, or other items that may have real-world value. Unless explicitly stated otherwise, prizes are not redeemable for cash. Where required by law, winners are solely responsible for any applicable taxes, and may be asked to complete appropriate documentation. For third-party prizes, all interactions regarding redemption or use must occur directly with the sponsor.
(d) Raffle Terms and Changes
LootWalk reserves the right to:
- Adjust the number of Lootpoints or raffle tickets required for entry
- Modify the selection of available raffles
- Limit the number of entries per user or per group
- Cancel, postpone, or alter raffles at its sole discretion
(e) Eligibility and Location-Based Restrictions
Sweepstakes are void where prohibited. Users must meet eligibility requirements (such as age or jurisdiction) as outlined in the General Prize Draw Terms.
Specifically excluded jurisdictions include:
- Belgium and the Netherlands (prohibited by local gambling laws)
- Countries subject to applicable international sanctions (North Korea, Iran, Syria, Cuba, Crimea)
- Any jurisdiction where participation would violate local law
LootWalk may restrict participation based on geographic location and reserves the right to disqualify entries from ineligible regions. Users who relocate to a restricted jurisdiction must cease participation immediately.
(f) Anti-Fraud and Fair Use
LootWalk prohibits the use of bots, emulators, scripts, geo-spoofing tools, or any other forms of manipulation to gain unfair advantage in raffles. Users found violating this policy may be disqualified, have their tickets or Lootpoints revoked, and/or have their accounts suspended or terminated.
(g) No Agency Relationship
LootWalk and its affiliates do not act as agents, contractors, or representatives of third-party sponsors. The availability of a raffle should not be interpreted as an endorsement of the sponsor or its products or services.
(h) General Terms Apply
Participation in any raffle is also subject to LootWalk's General Prize Draw Terms and the individual rules posted for each raffle. By entering, users agree to all applicable terms.
(i) Compliance with the Act against Unjustifiable Premiums and Misleading Representations (景品表示法)
LootWalk operates its Sweepstakes in compliance with Japan's Act against Unjustifiable Premiums and Misleading Representations. Because participation requires no purchase (AMOE is always available), Sweepstakes are structured as open sweepstakes (オープン懸賞) under applicable guidelines. LootWalk will disclose the following information for each Sweepstakes at the time of entry:
- Prize details, including the nature, quantity, and approximate retail value of prizes
- Odds of winning, or the total number of entries received upon conclusion where pre-disclosure is not practicable
- Eligibility requirements and entry period
- Method of winner selection and notification
Prize values and total prize pools for each Sweepstakes will be set in accordance with applicable law. LootWalk will not make misleading representations regarding prize values, odds of winning, or any other material terms of any Sweepstakes.
6. Fees and Payment
The LootWalk App is currently provided free of charge. There are no in-app purchases at this time. LootWalk reserves the right to introduce paid features in the future, in which case these Terms will be updated and users will be notified in advance.
(a) Future Fees. If LootWalk introduces paid features or in-app purchases, you will be required to agree to updated terms before completing any purchase. All fees will be displayed clearly at the time of purchase, inclusive of applicable consumption tax.
(b) Taxes. You are responsible for all applicable taxes arising from any future transactions under this Agreement, except for taxes based on LootWalk's net income.
(c) Promotions. LootWalk may offer promotions or special campaigns from time to time. Terms and eligibility criteria will be provided at the time of the offer. LootWalk reserves the right to modify or terminate any promotion at its sole discretion.
6A. Business Operator Information (特定商取引法に基づく表記)
The following information is disclosed in accordance with Japan's Act on Specified Commercial Transactions (特定商取引法). As no paid transactions are currently offered through the App, the obligation to display full specified commercial transaction information does not presently arise. The following company information is provided for transparency.
| Item | Details |
|---|---|
| Business Operator | PONT Co., Ltd. (PONT株式会社) |
| Representative | Yuki Wakiyama |
| Address | Jingumae 6-23-4 Kuwano Building 2F, Shibuya, Tokyo, Japan |
| Contact | info@lootwalk.co |
| Phone | Available upon request via email within 3 business days |
| Operating Environment | iOS 15.0 or later; Android 9.0 or later. Internet connection required. |
| Additional Fees | Standard data transmission fees from your mobile carrier may apply |
When paid features are introduced, this section will be updated to include full specified commercial transaction disclosures including sales price, payment methods, payment timing, delivery terms, and return/cancellation policy.
6B. Compliance with the Payment Services Act (資金決済法)
Lootpoints are awarded solely as a result of verified physical activity and in-app engagement. Lootpoints are not sold or issued in exchange for money and do not constitute a "prepaid payment instrument" (前払式支払手段) as defined under Japan's Payment Services Act (資金決済に関する法律). Specifically:
- Lootpoints cannot be purchased directly with money
- Lootpoints have no monetary value and cannot be redeemed for cash
- Lootpoints can only be used within the LootWalk App for in-app features and Sweepstakes entries
- Lootpoints cannot be transferred to other users or exchanged for goods or services outside the App
Accordingly, PONT Co., Ltd. is not required to register as a prepaid payment instrument issuer under the Payment Services Act in connection with the Lootpoints program. If LootWalk introduces any new feature that could affect the classification of Lootpoints under applicable law, users will be notified in advance.
6C. Electronic Consumer Contracts Act (電子消費者契約法)
The LootWalk App does not currently offer in-app purchases. When paid features are introduced, LootWalk will comply with Japan's Electronic Consumer Contracts Act (電子消費者契約及び電子承諾通知に関する民法の特例に関する法律) by providing a confirmation screen prior to the completion of any purchase, displaying the item name, total price (inclusive of consumption tax), and payment method. If you have any questions, please contact us at info@lootwalk.co.
To use the App and access certain features of the Services, you must create a LootWalk Account. By creating an Account, you agree to:
(a) Account Registration. Provide accurate, current, and complete information during the registration process ("Registration Data") and maintain and promptly update your Registration Data to keep it true, accurate, and complete at all times. Failure to do so may result in suspension or termination of your Account and access to the Services. You may not create an Account using false information or on behalf of someone else without authorization. You are also prohibited from having multiple accounts at the same time unless explicitly allowed by LootWalk.
(b) Account Responsibilities. You are solely responsible for all activities conducted through your Account. It is your responsibility to:
- Ensure that your Account is secure, including safeguarding access credentials such as passwords and authentication methods.
- Restrict use by minors and accept full responsibility for any unauthorized use by them.
- Notify LootWalk immediately if you suspect unauthorized access to your Account or any breach of security. Sharing your Account credentials is strictly prohibited.
(c) Account Ownership. You acknowledge that you do not own or have any property interest in your Account. All rights to your Account are owned by LootWalk. Access to your Account may be restricted or lost entirely if you lose control of the email or authentication method associated with your Account.
(d) Representations and Warranties. By creating an Account, you represent and warrant that:
i. You are at least eighteen (18) years old, of legal age to form a binding contract, and are not barred from using the Services under applicable laws. ii. You comply with all applicable laws and are not subject to any governmental restrictions or prohibitions related to your use of the Services. iii. You are not a resident or citizen of a country or territory subject to embargo or restrictions by applicable laws or regulations.
(e) Necessary Equipment and Software. You are responsible for providing all necessary equipment, software, and hardware required to access the Services. This includes maintaining the security of your hardware devices. LootWalk is not responsible if unauthorized transactions occur due to access to your hardware or devices.
By creating an Account, you agree to adhere to these conditions and take full responsibility for its use. LootWalk reserves the right to suspend or terminate your Account for any violation of these terms or any applicable laws.
7A. Geographic Restrictions and Compliance
Restricted Jurisdictions
LootWalk complies with all applicable international sanctions and export control laws. The Service is NOT available to users located in or residents of:
Completely Prohibited Countries:
- North Korea
- Iran
- Syria
- Cuba
- Crimea region of Ukraine
Feature-Restricted Jurisdictions:
- Belgium: Treasure chest opening and Sweepstakes participation are prohibited due to local gambling regulations. Users in Belgium may access other features of the Service.
- Netherlands: Treasure chest opening and Sweepstakes participation are prohibited due to local gambling regulations. Users in the Netherlands may access other features of the Service.
Enforcement
We use IP-based geolocation and payment verification to enforce these restrictions. Attempting to circumvent these restrictions (e.g., via VPN, proxy services, or false location data) is strictly prohibited and may result in:
- Immediate account termination
- Forfeiture of all Lootpoints, rewards, and progress
- Permanent ban from the Service
- Legal action where applicable
User Representations
By using the Service, you represent and warrant that:
- You are not located in a restricted jurisdiction
- You are not accessing the Service through any means designed to circumvent geographic restrictions
- You will immediately discontinue use if you relocate to a restricted jurisdiction
LootWalk reserves the right to update this list of restricted jurisdictions at any time without prior notice based on changes in applicable law or regulatory guidance.
8. Acceptable Use
You agree to use the Services responsibly and in compliance with this Agreement. The following activities are prohibited:
(a) Prohibited Actions Related to the Service.
- Using the Services for any illegal, unauthorized, or fraudulent purposes, including but not limited to money laundering, terrorist financing, or activities designed to disrupt or harm the Services.
- Attempting to generate rewards through artificial or mechanical means, simulating activity, or enlisting third parties to act on your behalf outside the permitted functionality of the App.
- Copying, modifying, transmitting, reverse-engineering, or selling the App, Site, or any associated content unless expressly permitted by this Agreement or applicable law.
- Using the Services in a way that could damage, disable, overburden, or impair the platform or interfere with others' access to the Services.
(b) Unauthorized Access and Automation.
- Accessing, or attempting to access, another user's Account without authorization.
- Bypassing or circumventing any access controls, content filters, or security measures in place to protect the Services.
- Employing unauthorized automated means such as bots, crawlers, spiders, or scripts to access, scrape, or modify the Services or their data.
(c) Content Restrictions.
- Posting or transmitting material that infringes on third-party intellectual property rights, including but not limited to copyrights, trademarks, or patents.
- Sharing content that is defamatory, explicit, offensive, or otherwise objectionable.
- Collecting or harvesting personal data or other information from the Services for commercial purposes without prior consent.
(d) Account Limitations.
- Creating or operating more than one Account is strictly prohibited unless explicitly authorized by LootWalk.
- Sharing your Account credentials or allowing others to access your Account is not allowed. You are solely responsible for maintaining the security of your Account.
(e) Service Integrity.
- Using technology or methods to interfere with the operation of the Services, including blocking advertisements or promotions.
- Engaging in activities that may harm the rights, reputation, or intellectual property of LootWalk or other users.
(f) Consequences of Violations.
LootWalk reserves the right to monitor and review your activities within the Services. If any breach of this section is detected, LootWalk may, at its sole discretion:
- Suspend or terminate your access to the App and Services immediately.
- Remove or delete any offending content from the platform.
- Report suspected criminal activity to the relevant authorities and cooperate fully in any resulting investigations.
- Revoke any rewards earned and forfeit all progress made toward rewards within the App and Services. LootWalk retains sole authority to determine whether a breach has occurred and reserves the right to enact forfeiture of rewards or progress as deemed appropriate. You acknowledge and agree that any such forfeiture of rewards or progress is final and non-reversible, and no compensation or reimbursement will be provided under these circumstances.
All determinations regarding violations of these Terms of Use, including any resulting actions taken, will be made solely at LootWalk's discretion, and you agree to be bound by such determinations. By adhering to these Acceptable Use and User Conduct terms, you help maintain a safe and fair environment for all users.
9. Third-Party Services
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
10. Changes and Updates of the Services
Company reserves the right at any time in its absolute discretion to alter the functionality or contents of the Service with or without notice to you.
We may issue updates to the App from time to time. Depending upon the nature of the update, you may not be able to continue to use the App until you have downloaded the latest version of the App.
11. Responsibility for Content and Interactions with Others
(a) Types of Content. You acknowledge that all Content, including that provided through the Services, is the sole responsibility of the party from whom such Content originated. This means that you and other Registered Users, and not LootWalk, are responsible for all User Content. You represent and warrant that you have all rights necessary in and to any User Content you make available on the Services to grant the licenses described herein.
(b) User Interactions. You are solely responsible for your interactions with other Registered Users and any other parties you engage with through the Services. While LootWalk reserves the right, but has no obligation, to intercede in disputes, you agree that LootWalk is not liable for any interactions or liabilities resulting from such engagements.
By using the Services, you accept sole responsibility for your User Content and interactions and acknowledge that LootWalk is not liable for the actions, content, or engagements of other users or third parties.
12. User Content
You are solely responsible for any data, text, images, graphics, and other content that you submit, post, or display on or via the Service ("Your Content"). We do not claim ownership of Your Content. However, by submitting Your Content through the Service, you represent that you own or have all necessary rights to grant, and do hereby grant, LootWalk a non-exclusive, worldwide, royalty-free, transferable, sub-licensable, perpetual, irrevocable license to use, aggregate, reproduce, publish, distribute, perform, adapt, amend, enhance, and otherwise fully exploit Your Content for any purpose related to the Service and our business.
You agree that we are not responsible for, and do not endorse, Your Content or any data, text, images, graphics, and other content submitted, posted, or displayed by other users ("Other User Content"). We do not have any obligation to monitor, edit, or remove Your Content or Other User Content. However, we reserve the right, without obligation, to monitor, moderate, edit, or remove any content that we believe violates these Terms, applicable laws, or is otherwise inappropriate.
LootWalk reserves the right, but is not obligated, to monitor or review the Services and Content at any time. Without limiting the foregoing, LootWalk shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates these Terms or any applicable law. Although LootWalk does not generally monitor user activity occurring in connection with the Services or Content, if LootWalk becomes aware of any possible violations of these Terms, LootWalk reserves the right to investigate such violations. LootWalk may, at its sole discretion, immediately terminate your license to use the Services or change, alter, or remove Your Content, in whole or in part, without prior notice to you.
If LootWalk believes that criminal activity has occurred, LootWalk reserves the right, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Service, including Your Content, to (i) comply with applicable laws, legal processes, or governmental requests; (ii) enforce these Terms; (iii) respond to claims that Your Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of LootWalk, its users, the public, and enforcement or other government officials, as LootWalk in its sole discretion believes to be necessary or appropriate.
You agree to ensure that Your Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. Furthermore, Your Content must not:
(i) infringe any third party's copyrights, trademarks, privacy rights, or other intellectual property rights; (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content, or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get-rich-quick schemes, online gambling, cash gifting, work-from-home businesses, or any other dubious money-making ventures; or (viii) violate any law, rule, or regulation.
When you post or publish Your Content on the Service, you grant LootWalk the rights to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform, and display Your Content (in whole or in part) worldwide. This includes the right to incorporate Your Content into other works in any form, media, or technology now known or later developed, including for training generative artificial intelligence tools, for the full term of any intellectual property rights that may exist in Your Content.
13. Proprietary Rights
(a) Ownership of the Services. Except for Open Source Software (OSS) and any User Content you make available, all rights, title, and interest in and to the Services are owned by LootWalk and its licensors. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
(b) Open Source Software. The Services may utilize, incorporate, or link to certain OSS. Your use of the Services is subject to compliance with the applicable OSS licenses. Each OSS component is licensed under the terms provided with it, and nothing in this Agreement limits or grants rights that override those terms. If required by any OSS license, LootWalk will make the OSS and any modifications made by LootWalk available upon written request to the contact address specified in this Agreement.
(c) Trademarks. LootWalk, along with all related graphics, logos, service marks, and trade names used in connection with the Services, are trademarks of LootWalk. They may not be used without prior permission in connection with your or any third-party products or services. Other trademarks, service marks, and trade names appearing within the Services are the property of their respective owners.
(d) Feedback. By submitting Feedback, you acknowledge that LootWalk has no obligations to you regarding such Feedback. You represent and warrant that you have the necessary rights to provide the Feedback and, by doing so, grant LootWalk a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works from, and otherwise exploit the Feedback for any purpose, whether commercial or non-commercial.
14. Referral Program
The Referral Program may from time to time offer Referrers the opportunity to receive certain Incentives for referring other friends to register an Account on the Service, if a friend uses the Referrer's Referral Link. For each Referral Program, we may have additional conditions stated as Referral Terms, which will apply alongside this Agreement. The Referral Program is void where prohibited, and you are solely responsible for ensuring that your participation in the Referral Program complies with all applicable laws, rules, and regulations.
(a) Incentives. Subject to Referrer's ongoing compliance with the Agreement, each Referrer shall be entitled to receive the reward indicated in the applicable Referral Terms when any friend uses such Referrer's Referral Link to sign up for an Account on the Services.
i. Unless otherwise stated in the Referral Terms, Incentives shall be paid to Referrer within thirty (30) days of the date on which the applicable conditions are met. ii. Each Referrer is solely responsible for any taxes payable on Incentives received by such Referrer, and Referrer agrees to indemnify us against any claims arising from or related to any tax liabilities (whether or not paid).
(b) Sharing Referral Links.
i. Referrals are personal and should only be sent to individuals that you personally know and must be used only for personal and non-commercial purposes. The sharing of Referral Links outside of your warm network of personal connections is strictly prohibited. Referral Links may not be published or distributed, including on commercial websites (such as coupon websites, Twitter, or Reddit) or on blogs. You are prohibited from "spamming" anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your Referral Link. You are prohibited from paying to advertise any Referral Link or paying or providing anything of value to any person to whom you direct a Referral Link or any other third party to obtain an Incentive.
ii. When sharing a Referral Link, you must always tell the friend that you will be receiving an Incentive (and the nature of such Incentive) if such individual registers an Account on the Services using your Referral Link, and obtain the express consent of such friend prior to sharing any Referral Link with such individual. You shall at all times remain compliant with all applicable laws, rules, and regulations. You agree that all statements about our products and services made by you will: (a) be truthful and accurate based on publicly available information and (b) be accompanied by a clear, conspicuous statement that any statements made reflect only your opinion and not those of the Company. You agree to indemnify and hold harmless the Company from any and all damages, costs, claims, expenses and other liability (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach by you of this Section 14 (Referral Program).
iii. By permitting you to participate in the Referral Program, we are not authorizing you to make any statements on behalf of the Company, our products and services, or the Referral Program, and all such statements are expressly disapproved by us.
(c) Reservation of Rights. We may modify, suspend or terminate the Referral Program or your ability to participate in it at any time for any reason. We reserve the right to review and investigate all referral activities, and to suspend access to the Services or revoke or void earned Incentives in our sole discretion if we notice any activity that we believe is abusive, fraudulent, in violation of this Agreement or any Referral Terms, or otherwise as we deem fair and appropriate. We also reserve the right to deactivate Referral Links or change the Incentives associated with the use of any Referral Link or Referral Program offer at any time for any reason.
(d) Multiple Referrals. A referred individual may only use one Referral Link. If a referred individual receives Referral Links from multiple individuals, only the individual associated with the Referral Link actually used by the referred individual to sign-up for an Account on the Services will receive Incentives for the referral.
15. Termination
You acknowledge and agree that this Agreement commenced on the earlier of (i) the date you first used the Services, or (ii) the date you accepted the Agreement. It will remain in effect while you use the Services, unless terminated earlier in accordance with the Agreement.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
LootWalk shall not be liable to you for any suspension or termination of your access to the Services.
Any provisions of this Agreement that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
Upon termination, Your right to use the Service will cease immediately.
16. Indemnification
You agree to indemnify, defend, and hold harmless LootWalk and its affiliates, officers, directors, employees, agents, and partners from and against any and all losses, costs, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or related to:
(a) Your User Content; (b) Your use of or inability to use the Services; (c) Your violation of these Terms of Service; (d) Your violation of the rights of any third party, including other Registered Users; or (e) Your violation of any applicable laws, rules, or regulations.
LootWalk reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to fully cooperate with LootWalk in asserting any available defenses.
This indemnification does not apply to claims arising from LootWalk's fraud, misrepresentation, unconscionable commercial practices, or intentional misconduct. The provisions of this section will survive the termination of your access to the Services or these Terms.
17. Limitation of Liability
The Service has not been developed to meet your individual requirements, and therefore it is your responsibility to ensure that the facilities and functions of the Service meet your needs.
We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, up to the maximum aggregate limit specified below.
Our maximum aggregate liability to you in respect of the Service (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) shall in no circumstances exceed the greater of ¥15,000 JPY or the remedy or penalty imposed by the statute under which such claim arises. The foregoing cap on liability shall not apply to liability for (i) death or personal injury caused by our negligence; or (ii) any injury caused by fraud or fraudulent misrepresentation.
To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorized use of your LootWalk Account resulting from your failure to maintain restricted access to your mobile device, SIM card, the confidentiality or security of your user details, or failure to use a strong password.
Reliance on any information provided by LootWalk or in connection with the Service is solely at your own risk. You are solely responsible for any decisions or actions you take based on the information and materials available through the Service.
We are not responsible for events outside our control. If our provision of the Service or support for the Service is delayed by an event outside our control, we will contact you as soon as possible to let you know and take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.
(a) Disclaimer of Certain Damages. To the fullest extent provided by law, in no event shall LootWalk be liable for any loss of profits, revenue, or data; indirect, incidental, special, or consequential damages; or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or services, whether or not LootWalk has been advised of the possibility of such damages. This limitation does not apply to liability for (i) death or personal injury caused by LootWalk's negligence; or (ii) any injury caused by LootWalk's fraud or fraudulent misrepresentation.
(b) Exclusion of Damages. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you might have additional rights.
(c) Basis of the Bargain. The limitations of damages set forth above are fundamental elements of the basis of the bargain between LootWalk and you.
17A. Compliance with the Consumer Contract Act (消費者契約法)
These Terms are subject to Japan's Consumer Contract Act (消費者契約法). To the extent any provision of these Terms is found to be invalid or unenforceable under the Consumer Contract Act, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect. In particular:
- Provisions that would entirely exempt LootWalk from liability for damage caused by LootWalk's intentional acts or gross negligence are void to the extent prohibited by law.
- Our liability cap of ¥15,000 JPY set out in Section 17 applies to claims arising from LootWalk's ordinary negligence. This cap does not apply to damage caused by LootWalk's intentional acts or gross negligence.
- Provisions imposing unreasonably high penalties or one-sided obligations on users that materially damage users' interests are void to the extent prohibited by law.
17B. Cooling-Off (クーリングオフ)
The LootWalk App does not currently involve paid transactions. When paid features are introduced, Japan's statutory cooling-off rights (クーリングオフ) will not apply to digital content purchases where delivery commences immediately upon the user's confirmation, to the extent permitted by applicable law. This section will be updated accordingly at the time any paid features are introduced.
(a) Availability: The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. You agree that your use of the Service is at your own risk. We do not guarantee that the Service, or any part of it, will always be available or be uninterrupted. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, Apps, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
(b) No Liability for Conduct of Third Parties. You acknowledge and agree that LootWalk is not liable for the conduct of third parties, including operators of external sites, and that the risk of injury from such third parties rests entirely with you. LootWalk makes no warranty that the goods or services provided by third parties will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
(c) No Financial Advice. LootWalk is not an investment or financial advisor. Neither LootWalk nor its suppliers or licensors shall be responsible for investment and other financial decisions, or damages or other losses resulting from use of the Services.
(d) No Medical Advice. The Service is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App.
(e) Beta Features. From time to time, LootWalk may offer new "beta" features or tools with which registered users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at LootWalk's sole discretion.
19. Mobile App / App Stores
You acknowledge and agree that the availability of our App is dependent on the third-party stores from which you download the application, including Apple Inc.'s ("Apple") App Store (the "Apple App Store") and Google LLC's ("Google") App Store ("Google Play").
You agree to comply with, and your licence to use our application is conditioned upon your compliance with, such Apple App Store terms and conditions.
(a) The Terms of Use are concluded between you and the Company, and not with Apple. The App and its contents are the responsibility of us, our licensors, and users of the App and not Apple.
(b) The licence to use the App granted under these Terms of Use is a non-transferable license for you to use the App on an Apple-branded product that you own or control in accordance with the usage rules set forth in the Apple App Store Terms of Service, except that the App may be accessed, acquired, and used by other accounts associated with you via any family sharing or volume purchasing arrangements with Apple.
(c) You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. We do not offer maintenance or support services in connection with the App.
(d) Apple will have no warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any applicable warranty set out in these Terms of Use will be solely our responsibility.
(e) We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(f) In the event of any third-party claim that the App or your possession or use of the App infringes that third party's intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
(g) You represent and warrant that (i) you are not located in a country that is subject to applicable government embargo, or that has been designated as a "terrorist supporting" country; and (ii) you are not listed on any applicable government list of prohibited or restricted parties.
(h) You must comply with any third-party terms that are applicable to the use of the App from time to time.
(i) Apple and Apple's subsidiaries are third-party beneficiaries of the Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
20. Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
21. Disputes Resolution
At LootWalk, we value resolving disputes efficiently and fairly. This section outlines the steps and processes for resolving any concerns or disagreements you may have with us.
(a) Informal Dispute Resolution
If you have any concerns or disputes regarding the Service, you agree to first attempt to resolve the issue informally by contacting LootWalk through our support channels. You can reach us via email at support@lootwalk.co or through the in-app support system.
- Notice of Dispute: To initiate an informal resolution process, you must provide a written notice detailing the nature of the dispute, your account information, and your desired resolution.
- Timeline: LootWalk commits to responding to your notice within 30 days and engaging in good faith efforts to resolve the dispute within 45 days from receiving the notice.
- Requirement: Engaging in this informal process is a condition precedent to initiating formal arbitration or legal proceedings.
(b) Arbitration Agreement
If the dispute cannot be resolved informally, you and LootWalk agree to resolve disputes through binding arbitration, except for certain exclusions detailed below.
(i) Applicability of Arbitration: The Arbitration Agreement applies to any disputes, claims, or disagreements arising from or relating to your use of the Service, transactions, or these Terms of Service. This includes claims arising before the existence of this Agreement or after its termination.
(ii) Exclusions to Arbitration:
- Small Claims: You or LootWalk may pursue eligible claims through small claims procedures where available.
- Intellectual Property Disputes: Disputes involving intellectual property rights, such as trademarks and copyrights, may be resolved in court.
(iii) Arbitration Rules and Venue: Arbitration will be conducted under the rules of the Japan Commercial Arbitration Association (JCAA). The arbitration shall take place in Tokyo, Japan, unless agreed otherwise.
(iv) Waiver of Jury Trial: By agreeing to arbitration, you waive your right to a jury trial. Arbitration will be conducted by a neutral arbitrator, and court review of arbitration awards is limited.
(c) Class Action Waiver
You and LootWalk agree that disputes will be resolved only on an individual basis. Class, collective, or representative actions are not permitted, and claims of multiple users cannot be consolidated without express written consent from LootWalk.
(d) Exceptions and Governing Law
If any part of this Arbitration Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force. Claims that are exempt from arbitration may still be brought in court. For such court-based exceptions, you and LootWalk agree that all disputes shall be litigated exclusively in the courts located in Japan, under the laws of Japan, without regard to its conflict of laws provisions.
22. Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
23. General
We may transfer our rights and obligations under these Terms to a third party. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You are not entitled to transfer your rights or your obligations under these Terms without our prior written consent.
If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the provisions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
(a) Electronic Communications. For contractual purposes, you (a) consent to receive communications from LootWalk in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that LootWalk provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights under applicable law.
(b) Release. To the maximum extent permissible by applicable law, you hereby release LootWalk and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other Registered Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Services.
(c) Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without LootWalk's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
(d) Force Majeure. LootWalk shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
(e) Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and LootWalk agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the courts of Japan.
(f) International Users. The Services can be accessed from countries around the world. LootWalk makes no representations that the Services are appropriate or available for use in all locations. You may not access or use the Services if you are located in, or a resident of, a country subject to applicable international sanctions or any jurisdiction where the Services would violate local law. Users who access the Services from restricted jurisdictions do so at their own risk and are solely responsible for compliance with local law.
(g) Export Control. You may not use, export, import, or transfer the Services except as authorized by applicable law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws.
(h) Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
24. Governing Law
The laws of Japan, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the App may also be subject to other local, national, or international laws.
25. Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: info@lootwalk.co