Effective Date: May 14, 2026
Version: EN-SEA
In order to use the Pictonico! application (hereinafter "Application"), you must agree to this Pictonico! User Agreement (hereinafter "Agreement"). This Agreement is between you (hereinafter "you" or "Customer") and Nintendo Co., Ltd. (hereinafter "Nintendo"). This Agreement consists of the Main Rules, Additional Rules, the Pictonico! Privacy Policy, and all conditions displayed within the Application.
If you are less than the age of majority where you live, you must have a legal representative such as a parent or guardian accept this Agreement on your behalf. If you are accepting this Agreement on behalf of a minor, only after you have read, understood and accepted this Agreement may the minor use the Application. The same shall apply when this Agreement changes. You also agree to guarantee the minor's due observance of this Agreement and this Agreement is enforceable against you as a guarantor in the event of the minor's breach.
For the purposes of this Agreement, the following terms shall have the following definitions:
2.1 You must register true and accurate information about yourself in order to use the Application. If there is a mistake in your registered information, or if a change occurs to your registered information, you must promptly correct or change such information.
2.2 Nintendo provides the Application to you on the basis of the information you register.
2.3 You must promptly notify Nintendo if you become aware that someone uses the Application without your permission.
3.1 You must use the Application only for your personal, non-commercial purposes in accordance with any term of this Agreement and other conditions prescribed by Nintendo.
3.2 You are solely responsible for any costs or taxes associated with your access or use of the Application, including but not limited to, Internet, data communication, or equipment charges or costs.
3.3 Some or all of the Application's services may not be available to all Customers, depending upon location, device, communication environment, or other factors.
3.4 Customers under the age of majority must get permission from their legal representative, such as a parent or guardian, before using the Application and its services, including without limitation, the purchase of Paid Content.
3.5 If you change your country registration within the Application, you must agree to the user agreement applicable to your newly-registered country. Certain Content may vary by country, and a change to the registered country may impact the availability of any and all services within the Application or eliminate rights that you possessed under your prior registration.
3.6 Any rights or privileges arising for the Customer using the Application are the exclusive property of the respective Customer and are not inherited. The Customer may not dispose of such rights and privileges and/or any obligations related to the Application such as the amount payable for the Paid Content in the Application and any of the Customer’s obligations in accordance with this Agreement in any way, such as by assignment, transfer, sub-contract or lending, whatever the reason may be or whether with or without consideration, unless otherwise provided by Nintendo.
4.1 Nintendo licenses you the right to use the Application, on condition that you comply with any term of this Agreement or other conditions prescribed by Nintendo.
4.2 The license of the preceding paragraph is non-exclusive, and Nintendo may restrict the term or frequency of use, or apply additional conditions. In addition to what is set forth under this Agreement, if there are reasonable grounds, Nintendo may at any time cancel this license.
4.3 Unless the context requires to be interpreted differently, expressions such as the "purchase" "sale" "exchange" "redemption" "subscription" of Provided Content and other similar expressions within this Agreement and within the Application shall mean the licensing to you of the right to use the Provided Content.
5.1 You can purchase Paid Content through the Application using your correct residential currency. Nintendo may at times give you Paid Content for free during campaigns and other occasions.
5.2 The price and other conditions of Paid Content are separately established by Nintendo and displayed in the Application or on the official website. Nintendo may change these conditions at its discretion.
5.3 Except as otherwise permitted by Nintendo, Paid Content is licensed only to the Customer who purchased or redeemed them or to whom Nintendo has provided Paid Content for free. If the Customer uses the Application on multiple devices with incompatible operating systems (hereinafter "OS"), it may not be possible for Paid Content provided on one OS to be used on a different OS, even if it has the same name.
5.4 After completion of a purchase transaction for Paid Content, any refund requests or cancellations by the user are not accepted.
5.5 Your purchase of Paid Content is subject to your compliance with terms and conditions of all applicable third party payment service companies including but not limited to Apple, Inc. and Google LLC.
6.1 By using the Application, you grant Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and sub-licenseable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display and otherwise exploit the User Stored Images, in whole or in part, and to incorporate your User Stored Images in other works, in any form, media or technology now known or later developed, to the extent necessary for provision, maintenance, improvement, promotion or marketing of Nintendo’s services including the Application, without any payment to you.
6.2 You represent and warrant to Nintendo that you have all rights in and to the User Stored Images used in the Application, and that such User Stored Images used in the Application do not violate any term of this Agreement or other conditions prescribed by Nintendo, or any third party rights or interests. You agree to indemnify Nintendo for any claims arising in connection with any User Stored Images used in the Application made available by you.
6.3 For User Stored Images used in the Application, you waive any moral rights that you may have in such User Stored Images.
7.1 When using a Linked Service, you must comply with any term of this Agreement or other conditions as well as the terms and conditions applicable to the Linked Service.
7.2 For any services that can be used via Linked Services provided by a third party, such third party is solely responsible for such services. When you use such services provided by a third party, you must comply with the terms and conditions applicable to such services.
8.1 Except for the limited license granted to you in Main Rule Article 4, Nintendo and its partners own all right, title, and interest in and to all intellectual property utilized in and in connection with the Application and all Provided Content, including without limitation, all copyright, moral rights, patents and trademarks, service marks and other rights (hereinafter referred to as the "Intellectual property rights").
8.2 Nintendo licenses you the use of the Provided Content solely to the extent necessary to use the Application according to the provisions of Main Rule Article 3. Nintendo reserves all other rights in and to the Intellectual property rights.
8.3 Even if any indication or sign such as a trademark, a logo or a service mark is displayed via the Application, you do not acquire any right, title or interest in and to such indication or sign, and are not given any license to use the same.
In using the Application, you must refrain from (and not permit or otherwise facilitate a third party from engaging in) the following actions or actions that may result to the following actions in connection with your use or access of the Application:
(1) Slander, fraud, intimidation, or obstruction of business against Nintendo Group, Customers, or any third parties;
(2) Nuisance, harassment, and other actions that inflict emotional distress or economic loss to Nintendo Group, Customers, or any third parties;
(3) Actions that violate or damage the Intellectual property rights, portrait rights, publicity rights, privacy rights, reputation, credit, or other rights or interests of Nintendo Group, Customers, or any third parties;
(4) Allowing any third party to use the Application or Content of the Application, either in exchange for payment or free of charge;
(5) Actions with the purpose of obtaining any profit in relation to the Application, whether inside or outside of the Application (including, but not limited to, real money trading), or utilizing the Application for commercial purposes, unless otherwise permitted by Nintendo;
(6) Actions whose purpose is to reverse engineer or otherwise analyze the source code of the Application;
(7) Actions that induce or make use of Application bugs or malfunction;
(8) Accessing Nintendo's (including its partners') information systems related to the Application, rewriting or deleting Application data, or engaging in actions that overburden Nintendo's (including its partners') information systems, or other actions that negatively impact the smooth provision of the Application and its services;
(9) Actions that fraudulently control the Application by using cheats, automation software (bots) or any other technical measure;
(10) Using any applications, tools, or similar means not authorized by Nintendo to access or use all or part of the Application or information systems related to the Application;
(11) Using the Application on modified device or OS that Nintendo considers inappropriate;
(12) Deliberately publicizing or posting false data in relation to the use of the Application;
(13) Falsely representing yourself as Nintendo Group, another Customer, or any other third party;
(14) Engaging in any advertising, publicity, or promotions within the Application (except for those specially permitted by Nintendo);
(15) Engaging in criminal acts or criminal threats, or facilitating the commission of a crime by someone else;
(16) Actions that violate public order and standards of decency;
(17) Actions that violate laws and regulations, judgments, decisions and orders of the court, or legally binding administrative measures, or acts that promote or facilitate these actions;
(18) Actions that violate any term of this Agreement or other conditions prescribed by Nintendo or requests, orders or mandatory measures separately made by Nintendo;
(19) Using Provided Content for discriminatory purposes;
(20) Using Provided Content for the purpose of advertising or promoting politics, religion, ideology or beliefs;
(21) Engaging in any other actions that Nintendo considers inappropriate.
10.1 To the greatest extent permitted by law, Nintendo may, in its discretion, take Measures such as Suspension without any notification to you if Nintendo determines that any of the following events have occurred or may occur:
(1) you breach any term of this Agreement or other conditions prescribed by Nintendo relating to the Application;
(2) you delay in performing or fail to perform any of your obligation owed to Nintendo;
(3) you are a minor, an adult ward, a person under curatorship, or a person under advisorship that is not permitted to use the Application or accept this Agreement, or you are a minor that wrongfully accepted this Agreement on your own or wrongfully obtained the acceptance of your legal representative, guardian, curator or advisor;
(4) you failed to respond for a period of thirty (30) days or more to an inquiry from Nintendo regarding your use or access of the Application or other communication requiring a response;
(5) you have not used the Application for a period of six (6) months or more;
(6) you are an anti-social force, or that you have some kind of interaction or involvement with anti-social forces, such as cooperation or involvement in maintaining, operating or managing anti-social forces through the provision of funds and other means;
(7) it is necessary for the operation, maintenance, or protection of the Application;
(8) you commit other acts that Nintendo deems inappropriate.
10.2 If Nintendo determines that your actions fall under or are likely to fall under any of the subparagraphs of the preceding paragraph, Nintendo may require you to stop such actions, or correct any defect or harm caused by such actions. You must comply with these requirements within the time period set by Nintendo.
10.3 Even if Nintendo takes Measures such as Suspension, you shall not be exempted from any of your obligations to Nintendo and any applicable third parties under this Agreement (including liability for damages).
10.4 Nintendo can utilize the information that you provided Nintendo, even if you are subject to Measures such as Suspension.
If a loss or damage arises in Nintendo or any third party in relation to the use of the Application for reasons attributable to you, such as violation of this Agreement, you have the obligation to promptly indemnify Nintendo or such third party for such loss or damage.
12.1 You acknowledge the following:
(1) The Application (including the Provided Content and other related materials) is provided "as is" with no guarantees. Nintendo makes no guarantee whatsoever that the Application is free from errors, bugs, flaws, or security defects, that it does not infringe any third party's Intellectual property rights, that it has the characteristics and commercial value that you expected, or that it conforms to any applicable laws, regulations, or other rules. For the avoidance of doubt, nothing in this Agreement shall be construed as excluding or limiting Nintendo's liability for a breach of an implied term that it will provide the service of the Application with reasonable care and skill and within a reasonable time.
(2) Nintendo does not guarantee that the Application will be compatible with all devices. There is the possibility of malfunctions occurring in the Application due to events such as upgrading the device OS. When such malfunctions occur, Nintendo does not guarantee that such malfunctions will be resolved from any action by Nintendo.
(3) Use of the Application may be restricted by changes to the terms and conditions and operating policies of the store where the Application, Paid Content are obtained, or by changes to the terms of service of the applicable payment service company.
(4) To the greatest extent permitted by law, Nintendo assumes no liability for any loss or damage incurred by you in connection with your use of the Application. For the avoidance of doubt, nothing in this Agreement shall be construed as excluding or limiting Nintendo's liability for death or personal injury caused by its negligence.
(5) To the greatest extent permitted by law, Nintendo assumes no liability for any loss, damage or alteration of or to the data of the Application.
(6) If a dispute arises between you and another Customer, or you and a third party, with respect to the Application, you must notify Nintendo and resolve such dispute on your own and at your own expense. Nintendo has no obligation to take part in any such dispute and assumes no liability with regard thereto.
(7) Nintendo assumes no liability for any interruption, delay, cancellation or data deletion of the Application, or for any loss or damage due to unauthorized access to data related to the Application resulting from failures in communication lines, computer systems, or other similar systems.
(8) Nintendo assumes no liability for any loss or damage incurred by you arising from false, inaccurate, or omitted information registered in the Application.
(9) Nintendo assumes no liability for any loss or damage incurred by you arising from the unauthorized use of your saved data.
(10) Nintendo assumes no liability for any loss or damage incurred by you due to changes of the country registration in the Application.
(11) Nintendo makes no representation or warranty regarding the Linked Services provided by a third party, and assumes no liability for any loss or damage incurred by you in connection with such services.
(12) Nintendo assumes no liability for any loss or damage incurred by you due to Measures such as Suspension.
(13) Nintendo assumes no liability for any loss or damage incurred by you due to changes, termination, suspension of the Application.
(14) To the greatest extent permitted by law, Nintendo assumes no liability for any loss or damage incurred by you arising from changes to this Agreement.
(15) Nintendo assumes no liability for any loss or damage due to the non-delivery or delayed delivery of communications from Nintendo, regardless of the reasons thereof.
(16) Nintendo assumes no liability for any loss or damage incurred by you arising from the non-delivery or delayed delivery of communications from you, regardless of the reasons thereof.
(17) Nintendo assumes no liability for any loss or damage incurred by you arising from the termination of this Agreement. You acknowledge and agree that you waive all claims for loss or damages incurred by you or a third party arising from the termination of this Agreement.
12.2 Despite the provisions of the preceding paragraph and other provisions of this Agreement, if there are causes attributable to Nintendo, Nintendo shall assume liability for damages related to Paid Content received by the customer for payment. However, except where willful misconduct or gross negligence is found in Nintendo, even where the possibility of loss or damage was acknowledged, Nintendo is not liable to you for any damages beyond what is normally expected to occur.
12.3 SUBJECT TO THE MAIN RULES ARTICLE 12.4, NINTENDO'S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE APPLICATION AND THE LINKED SERVICES IS LIMITED TO THE LESSER OF (A) A TOTAL OF TEN-THOUSAND (10,000) YEN, OR (B) THE AMOUNT OF COSTS/FEES PAID BY YOU IN CONNECTION WITH SUCH CLAIM DURING THE MONTH THAT THE DAMAGE AROSE (IF ANY).
12.4 IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, NINTENDO LIMITS ITS LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.
13.1 Nintendo may change or make additions to all or part of the Application without prior notice to Customers. In addition, Nintendo may terminate part of the Application without prior notice to you.
13.2 Nintendo may temporarily suspend all or part of the Application without any prior notice, if any of the following causes occur:
(1) The Application server is overloaded or some other technical error occurs resulting from causes such as excessive Customer access to the Application;
(2) Nintendo elects to conduct regular or emergency maintenance related to the operation of the Application;
(3) Telecommunication services needed to access the Application are not available for any reason;
(4) Fire, power outage, war, strike, act of government, natural disaster, act of God, or any other cause making it impracticable for Nintendo to operate the Application;
(5) If operation of the Application becomes impossible due to applicable laws and regulations;
(6) Nintendo deems it necessary for any other reason.
14.1 Nintendo can make changes to this Agreement at any time. After changes are made, the Agreement shall be posted within the Application, and shall be effective as of the time of such posting. When using the Application, please check the newest version of the Agreement at all times.
14.2 Notwithstanding the provisions of the preceding paragraph, if Nintendo deems it necessary, Nintendo will post the newest version of this Agreement in the Application in advance, and the newest version of this Agreement shall become effective from the time of the previously announced effective date.
14.3 If you use the Application after the newest version of this Agreement becomes effective, you shall be deemed to have agreed to the newest version of this Agreement.
15.1 The Agreement shall be terminated in the event you clear your save data, delete or uninstall (including by accident) the Application, or you take any other action, prescribed by Nintendo, to terminate the Agreement.
15.2 Nintendo may, in its discretion, discontinue the provision of the Application and terminate this Agreement with any and all Customers, upon notification to Customers through the Application, on the official website for the Application, or by other means that Nintendo deems appropriate.
16.1 When this Agreement terminates, you will no longer be able to use Provided Content, or other information related to the Application, except where Nintendo prescribes otherwise.
16.2 If this Agreement is terminated, except as otherwise permitted by Nintendo, all Paid Content in your possession shall become void, and you will no longer be able to use such Paid Content. Except where required by law, you will not be entitled to any refunds for unused Paid Content.
16.3 If this Agreement is terminated, Nintendo may, in its discretion, delete all Content within the Application related to you that existed at the time of the termination, without notice to you.
16.4 Even if this Agreement is terminated, you are not exempted from any of your obligations under this Agreement toward Nintendo or any applicable third parties (including liability for damages).
16.5 Notwithstanding the termination of this Agreement, Nintendo may continue to utilize your information that you provided to Nintendo. Nintendo shall handle Customer information in accordance with the Pictonico! Privacy Policy. Also, even after the termination of this Agreement, the provisions of Main Rule Article 3.6, Articles 6 to 9, Article 11, Article 12, Articles 16 to 21, and the Pictonico! Privacy Policy shall remain in effect.
17.1 If Nintendo has notifications, approvals, or other communication to the Customer concerning the Application, it will be posted within the Application, on the official website for the Application, or by some other method that Nintendo deems appropriate. Messages from Nintendo shall be deemed to have reached you upon posting or upon the transmission of such message.
17.2 If you wish to send notifications, approvals, or other communication concerning the Application to Nintendo, you must fill out and send the inquiry form on the Frequently Asked Questions of the Application, or such other method designated by Nintendo. Your message shall be deemed sent upon arrival at Nintendo.
Except where specified in this Agreement, you shall not assign, lend or otherwise dispose of your rights and obligations under this Agreement.
You acknowledge and agree that Nintendo’s subsidiaries may be intended third-party beneficiaries entitled to enforce any rights of Nintendo set forth in this Agreement. Except for the foregoing and as may otherwise be expressly stipulated by this Agreement, this Agreement does not confer, and is not intended to confer, any right on any person, existing now or in the future, who is not a party to this Agreement.
Even if for some reason a provision of this Agreement becomes void or unenforceable, this shall not render any other part of the Agreement void or unenforceable. If a court deems a provision of this Agreement to be void or unenforceable, such provision shall be narrowly interpreted to the extent necessary for it to become valid and enforceable.
21.1 This agreement shall be governed by the laws of Japan and shall be interpreted according to Japanese law.
21.2 The Kyoto District Court shall be the exclusive court of first instance for disputes between Nintendo and you arising from or related to this Agreement.
This Article adds to the provisions of this Agreement, and is an addendum to this Agreement, for Customers who use the Application on devices provided by Apple, Inc. (hereinafter "Apple"). If any provision of this Article and that of this Agreement conflicts, in such case only, the provision of this Article shall apply with priority. However, Main Rules Article 12 shall prevail with respect to the proviso of Article 1.4 of this Addendum.
1.1 The Application is provided by Nintendo Co., Ltd., headquartered at 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto 601-8501, Japan. Please see Main Rules Article 17 for contact information concerning the Application.
1.2 You acknowledge and agree that this Agreement is entered into only between you and Nintendo, and not with Apple. Nintendo, not Apple, is solely responsible for the Application and its content.
1.3 In addition to other restrictions set forth in this Agreement, the license granted to you by Nintendo for the Application downloaded from Apple is non-transferable and may only be exercised to download and use the Application on Apple-branded products owned or controlled by you and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. However, the Application downloaded from Apple may be accessed and used by other Apple accounts associated with your Apple account through Apple's Family Sharing or Volume Purchase Program.
1.4 You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied, related to the Application. If the Application downloaded from Apple does not conform to any warranty to which it is subject, you may notify Apple, and Apple will refund the purchase price you paid for the Application, if any. In addition, to the maximum extent permitted by applicable law, Apple disclaims any other warranty obligations with respect to the Application. You acknowledge and agree that, to the extent there are any applicable warranties, Nintendo is solely responsible for any other claims, losses, liabilities, damages, costs or expenses arising from any failure to comply with such applicable warranties. However, Nintendo disclaims any and all warranties of any kind with respect to the Application, and therefore there are no applicable warranties for the Application.
1.5 Apple bears no responsibility for any claims by you or a third party related to your possession or use of the Application, including the following:
(1) A claim of product liability;
(2) A claim that the Application does not conform to the requirements of laws and regulations;
(3) A claim based on consumer protection laws, privacy laws or similar laws and regulations;
(4) A claim by you or a third party that the Application or the use of the Application by you infringes the Intellectual Property Rights of you or a third party.
1.6 Nintendo shall be solely responsible for providing maintenance and support services for the Application as stipulated in this Agreement and as required by applicable laws and regulations. You acknowledge and agree that Apple has no responsibility to provide maintenance and support services for the Application.
1.7 You declare and guarantee that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
1.8 You acknowledge that Apple and Apple's subsidiaries are third party beneficiaries to this Agreement, and that, by acknowledging the provisions of this Agreement, you acknowledge that Apple has the right (and you are deemed to have acknowledged the right) to enforce this Agreement against you as third party beneficiary.
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