Summary: kaleido is free and supported by ads. You must be 13 or older to use it. Games are made by their creators and follow the creators' licenses. Studio posts must follow the rules and may be removed without notice. Please don't modify or reverse-engineer the app. The numbered sections below are the binding terms.
Section 1. About these Terms
In short: These Terms are an agreement between the operator and you. Apple and Google are not parties to it.
These Terms of Use (the "Terms") apply to everyone (referred to as "you") who uses the mobile application "kaleido" (the "App") provided by the operator of kaleido ("we", "us" or "our").
These Terms are a contract solely between you and us. Apple Inc., Google LLC and their affiliates are not parties to these Terms and have no responsibility for the App.
These Terms constitute standardized terms of contract (teikei yakkan) under Article 548-2 of the Civil Code of Japan.
Section 2. Definitions
App: the kaleido application itself (the iOS and Android versions) and the kaleido SDK (the program that connects games to the App) provided by us.
Game: a game built with browser technology (HTML5) that appears in the App's feed or lists.
Third-Party Game: a Game provided by a creator other than us (a "Creator") under the Game Submission Terms, or a Game published by a third party under an open-source license.
Studio: the feature of the App that lets you build a game and post it.
Posted Game: a Game that you or another user built in Studio and posted.
Anonymous ID: a random identifier that the App generates on your device and that is not linked to your name or other personal details.
Section 3. Acceptance and changes to these Terms
In short: Tapping "Agree and start" when you first open the App means you accept these Terms. For important changes, we will ask you to agree again in the App.
By tapping "Agree and start" on the consent screen shown when you first open the App, you are deemed to have accepted these Terms. If you do not agree, please do not use the App and remove it from your device.
We may change these Terms when there is a reasonable reason to do so, such as a change in the law, the addition or modification of features, or the safe operation of the App.
When we make an important change that affects your rights or obligations, we will notify you of the change and its effective date on a screen in the App before the effective date and ask you to agree again. If you do not agree, please stop using the App.
For minor changes, such as corrections of typographical errors or adjustments to wording, we will notify you by posting the updated Terms and their effective date in the App or on our website (https://kaleido-games.pages.dev/terms-of-use/ ), and the changes take effect on the effective date.
You can read the current Terms at any time from "Terms of Use" in the App's menu and on the website above.
Section 4. Who can use the App
In short: You can use the App if you are 13 or older. If you are under 18, you need a parent's or guardian's consent.
The App may be used by people aged 13 or older. People under 13 may not use the App.
If you are 13 or older but under 18 (or have not reached the age of majority where you live), you may use the App only if a parent or guardian has read these Terms and agrees to your use of the App.
By using the App, you are deemed to represent that you meet the conditions above.
Section 5. License to use the App
In short: You may use the App for your own personal enjoyment. Ownership does not transfer to you.
Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable and revocable license to install and use the App on devices that you own or control, for personal and non-commercial purposes.
The App is licensed to you, not sold. All rights not expressly granted in these Terms are reserved by us or the respective rights holders.
If you use the App on an Apple device, Apple's Licensed Application End User License Agreement (the standard EULA) also applies. If that agreement and these Terms conflict regarding the scope of the license to the App, that agreement prevails. If you obtained the App from Google Play, please also comply with the Google Play Terms of Service.
Section 6. Prohibited conduct
In short: You may not analyze, modify or tamper with the App itself, interfere with ads, impersonate others, or use the App unlawfully.
When using the App, you must not do any of the following:
No reverse engineering or modification: except to the extent that applicable law expressly permits it despite this restriction, copy, modify, adapt, translate, reverse engineer, decompile or disassemble the App (the application itself and the kaleido SDK), or attempt to derive its source code; or remove, disable or circumvent any technical protection measure, any mechanism related to the display of ads, or any anti-cheat measure in the App. This paragraph does not apply to a Game that is published under an open-source license, to the extent that license permits it, and it does not limit the rights a Creator holds in their own Game.
Re-publish or distribute the App or Games outside the App, or offer a similar service using the kaleido name or logo.
Access the App or the servers that deliver Games, or collect data from them, using automated programs (bots, scrapers, crawlers or similar).
Click ads automatically or deliberately and repeatedly, block the display of ads, or alter the advertising mechanism.
Infringe the intellectual property, privacy or other rights of us, Creators or any other third party.
Impersonate another person, or misrepresent your relationship with us or with other users.
Place an excessive load on, or gain unauthorized access to, the App's servers or delivery systems.
Use the App for purposes that violate the law or public order and morals.
Post content that violates the Studio rules set out in Section 9.
Do anything else that we reasonably judge to interfere with the operation of the App.
Section 7. Games and Creators
In short: Each Game is the work of its creator. If a Game has its own license or terms, those take precedence.
The Games available in the App are Third-Party Games or Posted Games. The rights in each Game belong to its Creator or licensor.
If an individual Game has its own license, terms of use or credits, those take precedence over these Terms for that Game. The creator name and credits for a Game can be found in the Game's info (ⓘ) in the App and under "Licenses & credits" in the menu.
We do not guarantee the content, operation, quality or continued availability of any Game. Games may be replaced, added or withdrawn without notice.
Section 8. Advertising
In short: The App is free and supported by ads. You can change ad settings on your device or from "Privacy settings" in the App.
The App is provided free of charge and is operated by showing ads through advertising networks such as Google AdMob. Ads appear in the feed, at natural breaks in Games, and in lists.
Depending on the law where you live, consent for advertising is collected and managed through the consent screen in the App (Google's consent management platform), "Privacy settings" in the App, and App Tracking Transparency (tracking permission) on iOS. See the Privacy Policy for details.
The content of ads is provided under the responsibility of the advertisers and advertising networks. We are not responsible for the content of ads or for the websites or apps they link to.
Section 9. Studio (creating and posting games)
In short: The rights in a game you build in Studio stay with you. When you post it, we publish it in the feed, and other users may use it as a remix or template. To post, you must be 13 or older and follow the rules.
Requirements for posting: to post a game built in Studio, you must sign in with a Google account or an Apple ID, set a creator name, agree to these Terms and the Submission Guidelines, and confirm that you are 13 or older. A post is treated as a submission under the Game Submission Terms, and the provisions of those terms relating to Studio also apply.
Your rights: the rights in the text you enter for a Posted Game (title, description, creator name) and in your choices of rules and look remain with you. Assets such as backgrounds and characters are provided by us (Kenney, CC0), and no rights in them transfer to you.
License to us: by posting, you grant us a worldwide, royalty-free, non-exclusive and sublicensable license to publish, reproduce and distribute the Posted Game in the App and on our website, to modify it for technical integration, and to use it in the promotion of the App. This license lasts while the Posted Game is published, and continues after that for promotional materials that have already been created or distributed.
Remixes and templates: if "Allow remixes" and "Share as a template" are on when you post, other users may create new games from your Posted Game's rules and characters (template) or from a complete copy of it (remix). You can turn these settings off before posting. Remixes and templates created by other users are treated as those users' own posts.
Prohibited posts: you may not post content that includes any of the following: unlawful content; sexual content; content that incites violence; discrimination or harassment; another person's personal information; content that uses another person's intellectual property without permission; a copy that reproduces the settings of another user's Posted Game (use the Remix feature where remixes are allowed); spam or advertising; or content that interferes with the operation of the App. Details are set out in the Submission Guidelines.
Representations and warranties: you represent and warrant that each Posted Game is your own creation, does not infringe the rights of any third party, and does not violate paragraph 5.
Limits: you may post up to 5 games per day and keep up to 50 games (drafts and posted games combined) in Studio. We may change these limits.
Section 10. Moderation, reports and blocking
In short: We review reports within 48 hours. We remove Games we judge to be problematic without notice. You can also block a creator.
If we judge that any Game, including a Posted Game, violates these Terms, the Submission Guidelines or the law, we may hide or remove it, or suspend the use of Studio, at any time and without prior notice. We are not obliged to explain the reason.
We review reports sent through "Report this game" within 48 hours. If we judge that a Game is problematic, we remove it from the App for all users. For you, a Game you report is hidden as soon as you report it.
You can block the creator of a Posted Game. Games by a creator you have blocked will no longer appear on your device.
If your Posted Game is hidden or removed, that status is shown in "Posted" in Studio.
If you find an infringement of copyright or other rights, please contact us at the address in Section 20.
Section 11. Accounts and the Anonymous ID
In short: You don't need an account to play. A Studio account is created by signing in with Google or Apple and can be deleted at any time.
No account is required to play Games. The App generates an Anonymous ID on your device and stores information such as your likes, play history, Daily records and hidden Games on the device. This information is lost when you delete the App, and we cannot restore it.
An account for posting in Studio is created by signing in with a Google account or an Apple ID. You are responsible for managing your account, including keeping the account you sign in with secure.
You can delete your Studio account at any time from the App's menu or from "Posted" in Studio. Deleting it removes your creator name, your Posted Games, your consent records, and your report and block records. Deletion cannot be undone. See the Privacy Policy for details.
We may suspend or delete a Studio account if it is used in violation of these Terms.
Section 12. Intellectual property
In short: The App itself, the logo and the SDK belong to us. Games belong to their creators.
The rights in the App (the application itself, the kaleido SDK, its design, logo, text, and images and videos created by us) belong to us or to those who have licensed them to us.
The rights in Games belong to the respective Creators, licensors or you, as described in Sections 7 and 9.
Open-source software and third-party assets included in the App are subject to their respective licenses. A list is available under "Licenses & credits" in the App's menu.
Section 13. Privacy
In short: How we handle personal information is set out in the Privacy Policy.
Our collection and use of information is described in the Privacy Policy (https://kaleido-games.pages.dev/privacy/ ). Your acceptance of these Terms does not replace the consents relating to advertising and tracking described in the Privacy Policy; those consents are collected on separate screens in the App.
Section 14. Changes, suspension and termination of the App
In short: Features and Games may change without notice. We may stop you from using the App if you violate these Terms.
We may change, add or discontinue the App's features, design, the Games it offers, and the countries and regions in which it is available, without notice.
We may temporarily suspend or terminate all or part of the App for maintenance, failures, network conditions, legal reasons or other unavoidable circumstances.
If we reasonably judge that you have violated these Terms, we may restrict or suspend your use of the App or Studio without prior notice.
Section 15. Disclaimer of warranties
In short: The App is provided as is.
The App and the Games are provided "as is". To the extent permitted by law, we make no warranty of any kind, express or implied, regarding the App or the Games, including as to their accuracy, completeness, fitness for a particular purpose, uninterrupted or error-free operation, or non-infringement of third-party rights. This Section does not limit any warranty or liability that cannot be excluded under the Consumer Contract Act of Japan or other applicable law.
Section 16. Limitation of liability
In short: Except where we act intentionally or with gross negligence, our liability is limited.
Except in cases of our intentional misconduct or gross negligence, we are not liable for any damage you suffer in connection with your use of the App or the Games.
Where we are liable, and except in cases of our intentional misconduct or gross negligence, our liability is limited to direct and ordinary damage actually suffered by you, up to a total of 1,000 Japanese yen.
This Section does not limit any liability that cannot be limited or excluded under applicable law (including exclusions that are void under the Consumer Contract Act of Japan).
Section 17. Your responsibility
In short: If a third party makes a claim because of your violation, you are responsible for dealing with it.
If a third party brings a claim or action against us arising from your violation of these Terms, from a Posted Game of yours infringing a third party's rights, or from your violation of the law, you will, to the extent permitted by law, handle it at your own responsibility and expense and compensate us for the damage we suffer (including reasonable attorneys' fees).
Section 18. Relationship to the Game Submission Terms
In short: Creators who provide Games are also bound by the Game Submission Terms.
If you provide a Game as a Creator under the Game Submission Terms, or post from Studio, those terms apply to you in addition to these Terms. If these Terms and the Game Submission Terms conflict regarding the provision or posting of a Game, the Game Submission Terms prevail.
Section 19. Governing law and jurisdiction
In short: These Terms are governed by Japanese law, and disputes are handled by the Tokyo District Court. Consumer protection laws where you live are not affected.
These Terms are governed by and interpreted in accordance with the laws of Japan.
The Tokyo District Court has exclusive jurisdiction in the first instance over any dispute relating to these Terms or the App.
The two paragraphs above do not deprive you of the protection of mandatory laws (including consumer protection laws) of the country or region where you live, or of your right to bring an action in the courts of that country or region.
Section 20. Miscellaneous
Severability: if any part of these Terms is held invalid or unenforceable, the remaining parts remain in effect.
Entire agreement: these Terms, the Privacy Policy, the Submission Guidelines and (where applicable) the Game Submission Terms constitute the entire agreement between you and us regarding the use of the App.
No assignment: you may not assign or transfer your position, rights or obligations under these Terms to any third party without our written consent.
No waiver: our failure to exercise a right under these Terms does not mean that we waive that right.
Language: the Japanese version of these Terms is the authoritative version; translations into other languages are provided for reference. If there is any discrepancy between the Japanese version and a translation, the Japanese version prevails.
Contact: for questions about these Terms, please contact kaleido.app.team+contact@gmail.com.