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Terms of Service

Effective Date: September 23, 2026

Welcome to Kibasen. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Testcode, Inc. ("Testcode," "we," "us," or "our"), governing your access to and use of the Kibasen game, the website located at kibasen.com, the Kibasen desktop applications for Windows and macOS, and all related services (collectively, the "Service").

Please read these Terms carefully before using the Service. By downloading the game, signing in, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Acceptance of Terms

By accessing or using Kibasen, you confirm that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" will refer to that organization.

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the Service or by other reasonable means. Your continued use of the Service after such notice constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Children's Online Privacy Protection Act. The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to use the Service or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at [email protected].

2. Your Account

2.1 Creating an Account. You create a Kibasen account with a username and a password. Your username is what other players see in a match and on the leaderboards. An account is required to play.

2.2 Your Responsibility. You are responsible for all activity that occurs under your account. You agree to keep your password secure and to notify us at [email protected] if you suspect any unauthorized use of your account.

2.3 Account Deletion. To delete your account, contact us at [email protected] with your username and we will delete it once we have confirmed that the account is yours. Deleting your account removes your profile information as described in our Privacy Policy.

3. Description of Service

Kibasen is an online multiplayer third-person shooter played in pairs. The Service includes, but is not limited to:

The Service is available as downloadable desktop applications for Windows and macOS, distributed through third-party storefronts such as Steam. Certain features may be modified, added, or removed at our discretion without prior notice.

4. Fees and Payments

Kibasen is sold for a one-time fee, with no subscription. Purchases made through a third-party storefront such as Steam are transactions with that store and are governed by its terms, including its refund policy. We reserve the right to change pricing at any time. Except where required by law or stated by the storefront you purchased from, fees are non-refundable.

5. Voice Chat, Player Content and Moderation

5.1 Voice Chat. When you have a partner, your microphone may be transmitted in real time to your partner: outside a live round, and whenever the two of you are mounted together during a round. The game shows an indicator while voice chat is on, and you can switch to push-to-talk or turn voice chat off in the game's options. Do not say anything you would not want your partner to hear, and do not transmit other people without their consent. Kibasen never transmits your camera.

5.2 Moderation. To keep the community safe, usernames and server names that you make visible to other players may be screened by a combination of automated systems and human review. We may, at our discretion and without prior notice, remove content, rename or close a server, and record a moderation event when content appears to violate these Terms - including nudity, sexually explicit content, violence, or hate speech.

5.3 Strikes and Bans. Violations may result in a temporary or permanent ban from creating servers, from voice chat, or from the Service. Repeated or severe violations lead to permanent bans. We may also act on reports submitted by other users.

5.4 No Guarantee. Moderation is not perfect: it may not catch all violating content, and it may occasionally affect content that does not actually violate these Terms. You may encounter content from other users that is offensive or objectionable, and you use the Service at your own risk.

6. Intellectual Property

6.1 Our Intellectual Property. The Service, including its design, features, code, trademarks, logos, and all related intellectual property, is owned by Testcode, Inc. and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited license to use the Service as described herein.

6.2 Your Content. As between you and Testcode, you retain ownership of the content you create or submit through the Service, including your username and the names of the servers you create. You are solely responsible for that content and represent that you have all rights necessary to share it.

6.3 License to Testcode. By creating or submitting content to the Service, you grant Testcode a limited, non-exclusive license to store your content, to transmit your voice and the names of the servers you create to other participants, and to process it as needed to operate, secure, and moderate the Service.

6.4 Copyright Disputes. We respect others' intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate access for repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here.

7. User Content and Conduct

7.1 Your Content. You are solely responsible for all content you create or submit to the Service, including your voice chat, your username, the names of the servers you create, and any reports ("User Content"). You represent and warrant that you have all necessary rights to share your User Content and that it does not infringe or violate any third party's rights.

7.2 Prohibited Uses. You agree not to use the Service to:

8. Security and Privacy

8.1 Security. We use reasonable, industry-standard measures to protect the Service and the information we hold, including encryption of data in transit. However, no method of transmission or storage is completely secure, and Testcode cannot guarantee absolute security.

8.2 Voice and Match Content. Voice chat is transmitted between partners in real time through our voice chat provider rather than through our game servers. We do not record voice chat. Your account, your statistics, and the servers you create are stored on our servers as described in our Privacy Policy.

8.3 Privacy Policy. Our collection, use, and handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

9. Termination

9.1 Termination by You. You may stop using the Service at any time. To delete your account or request deletion of your data, contact us at [email protected].

9.2 Termination by Us. We may suspend or terminate your access to the Service, or your ability to create servers, if we reasonably believe you have violated these Terms. In cases of serious violations (including uploading or transmitting prohibited content, harassment, fraud, abuse, or illegal activity), we may suspend or terminate access immediately and without prior notice.

9.3 Effect of Termination. Upon termination, your right to use the Service ceases. We may retain certain records as described in our Privacy Policy, including safety and moderation records used to enforce bans and prevent abuse. Sections 5, 6, 10, 11, 12, and 14 shall survive termination.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TESTCODE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, TESTCODE DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE SERVICE OR ITS MODERATION WILL DETECT, PREVENT, OR REMOVE ALL VIOLATING OR OBJECTIONABLE CONTENT; (D) ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED; OR (E) THE SERVICE WILL BE COMPATIBLE WITH ANY PARTICULAR DEVICE OR OPERATING SYSTEM VERSION.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TESTCODE, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF TESTCODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TESTCODE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO TESTCODE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY UNITED STATES DOLLARS ($50.00).

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TESTCODE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM: (I) CONTENT CREATED, UPLOADED OR TRANSMITTED BY YOU OR OTHER PARTICIPANTS, INCLUDING OFFENSIVE OR OBJECTIONABLE CONTENT; (II) THE CONDUCT OF OTHER USERS, WHETHER ONLINE OR OFFLINE; (III) ANY THIRD-PARTY PRODUCTS, SERVICES, OR CONTENT ACCESSED THROUGH THE SERVICE; OR (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days.

12.2 Binding Arbitration. If we cannot resolve a dispute informally, you and Testcode agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including its formation, performance, or breach) shall be resolved exclusively through final and binding arbitration. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The arbitration shall take place in Kings County, New York, or at another mutually agreed location. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

12.3 Costs of Arbitration. The Rules will govern payment of all arbitration fees. Testcode will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Testcode will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

12.4 Small Claims Court; Injunctive Relief. Either you or Testcode may assert claims, if they qualify, in small claims court in Kings County, New York or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

12.5 Waiver of Jury Trial. YOU AND TESTCODE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Testcode are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Testcode over whether to vacate or enforce an arbitration award, YOU AND TESTCODE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

12.6 Class Action Waiver. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Testcode is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 12.9 below.

12.7 Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: P.O. Box 454, Brooklyn, NY 11211, postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address associated with your account, and (iii) a clear statement that you want to opt out of these Terms' arbitration agreement.

12.8 Exclusive Venue. If you send the opt-out notice in Section 12.7, and/or in any circumstances where the foregoing arbitration agreement permits either you or Testcode to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Testcode agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Kings County, New York, or the federal district in which that county falls.

12.9 Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Testcode.

13. Indemnification

You agree to indemnify, defend, and hold harmless Testcode, Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your violation of any third-party rights.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Testcode agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Kings County, New York, for the purpose of litigating any such dispute.

15. General Provisions

15.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Testcode regarding the Service and supersede all prior agreements and understandings.

15.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver. No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term, and Testcode's failure to assert any right or provision shall not constitute a waiver of such right or provision.

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

15.5 Force Majeure. Testcode 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, natural disasters, war, terrorism, pandemics, labor disputes, government actions, internet or infrastructure failures, or third-party service provider outages.

15.6 Independent Parties. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Testcode, and you do not have any authority of any kind to bind Testcode in any respect whatsoever.

15.7 No Third-Party Beneficiaries. Except as expressly set forth in the sections above regarding the arbitration agreement, you and Testcode agree there are no third-party beneficiaries intended under these Terms.

15.8 Taxes. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that Testcode may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.

16. Contact Information

If you have any questions about these Terms, please contact us: