Terms of Service

Mashiyu Foundation
Effective Date: 16th of August, 2025
Last Updated: 16th of August, 2025

  1. Introduction and Acceptance

These Terms of Service (“Terms”) govern your use of the Mashiyu Foundation’s website, services, and blockchain-based gaming identity infrastructure (“Services”). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

The Mashiyu Foundation (“we,” “us,” or “our”) is a Swiss foundation committed to advancing decentralized gaming identity infrastructure while honoring the principles of Bushido and authentic cultural representation.

  1. Definitions
  • “Foundation”: The Mashiyu Foundation, a Swiss foundation under Articles 80-89 of the Swiss Civil Code
  • “Services”: All services, products, and platforms provided by the Foundation
  • “Bushido Passport”: Our unified digital gaming identity system
  • “Katana Protocol”: Our cryptographically verifiable gaming credentials system
  • “MSHU Tokens”: Mashiyu governance tokens
  • “KAMON Tokens”: Utility tokens within the Mashiyu ecosystem
  • “User Content”: Any content, data, or information you provide or generate
  • “Platform”: Gaming platforms, services, or applications that integrate with our Services
  1. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 16 years old to use our Services. If you are between 16-18 years old, you must have parental or guardian consent.

3.2 Registration Requirements

To access certain features, you must:

  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

3.3 Prohibited Users

You may not use our Services if you:

  • Are located in a jurisdiction where our Services are prohibited
  • Have been previously banned or suspended from our Services
  • Are subject to sanctions or prohibited person lists
  • Cannot legally enter into these Terms
  1. Description of Services

4.1 Core Services

We provide:

  • Bushido Passport: Unified digital gaming identity management
  • Katana Protocol: Cryptographic verification of gaming achievements
  • Cross-Platform Integration: Interoperability between gaming platforms
  • Token Systems: MSHU governance and KAMON utility token functionality
  • Educational Resources: Blockchain gaming and cultural preservation content

4.2 Service Availability

  • Services are provided on an “as is” basis
  • We strive for high availability but do not guarantee uninterrupted access
  • Maintenance windows and updates may temporarily affect availability
  • Blockchain network congestion may impact service performance

4.3 Beta and Experimental Features

Some Services may be in beta or experimental phases. These features:

  • Are provided without warranties of any kind
  • May be modified or discontinued without notice
  • Should be used with understanding of inherent risks
  1. User Obligations and Conduct

5.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with:

  • These Terms and our Privacy Policy
  • Applicable laws and regulations
  • The principles of honor and respect embodied in Bushido philosophy
  • Community guidelines and codes of conduct

5.2 Prohibited Activities

You must not:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Engage in harassment, hate speech, or discriminatory behavior
  • Attempt to hack, exploit, or disrupt our Services
  • Create false or misleading achievement records
  • Manipulate token economics or engage in market manipulation
  • Use our Services for money laundering or other illegal financial activities
  • Misrepresent Japanese culture or Bushido principles
  • Create multiple accounts to circumvent restrictions

5.3 Cultural Respect

Given our commitment to Japanese cultural values:

  • Treat cultural elements with respect and authenticity
  • Do not appropriate or misrepresent cultural symbols
  • Engage constructively with educational content
  • Report any culturally insensitive behavior
  1. Intellectual Property Rights

6.1 Our Rights

The Foundation owns or licenses all intellectual property in our Services, including:

  • Software, code, and algorithms
  • Trademarks, logos, and branding
  • Documentation and educational content
  • Smart contracts and protocol designs

6.2 User Rights

You retain ownership of content you create, but grant us:

  • A license to use your content to provide Services
  • Permission to display achievements and gaming data as configured by you
  • Rights to use aggregated, non-personal data for research and development

6.3 Third-Party Rights

Our Services may integrate with third-party platforms. You must respect:

  • Third-party terms of service and intellectual property rights
  • Gaming platform rules and community standards
  • Open source licenses for any incorporated software
  1. Blockchain and Cryptocurrency Risks

7.1 Blockchain Technology Risks

You understand and accept that blockchain technology involves risks including:

  • Immutability: Transactions cannot be reversed or modified
  • Network Dependencies: Reliance on blockchain network functionality
  • Private Key Security: Loss of keys results in permanent loss of access
  • Regulatory Uncertainty: Evolving legal and regulatory landscape

7.2 Token-Related Risks

MSHU and KAMON tokens involve additional risks:

  • Volatility: Token values may fluctuate significantly
  • Liquidity Risk: Tokens may not always be easily tradeable
  • Smart Contract Risk: Bugs or vulnerabilities in smart contracts
  • Regulatory Risk: Potential changes in cryptocurrency regulations

7.3 No Investment Advice

  • We do not provide investment advice or recommendations
  • Token information is for educational purposes only
  • You should consult financial advisors before making investment decisions
  • Past performance does not predict future results
  1. Privacy and Data Protection

8.1 Data Processing

Our Privacy Policy describes how we collect, use, and protect your personal data in compliance with:

  • Swiss Federal Act on Data Protection (nFADP)
  • EU General Data Protection Regulation (GDPR) where applicable
  • Other relevant data protection laws

8.2 Blockchain Data

Information recorded on blockchain networks:

  • Becomes publicly accessible and permanent
  • Cannot be modified or deleted after confirmation
  • May be viewed and analyzed by anyone
  • Is subject to the inherent properties of the blockchain network

8.3 Cross-Border Data

Our Services may involve data transfers across borders. We ensure adequate protection through appropriate safeguards as described in our Privacy Policy.

  1. Disclaimers and Warranties

9.1 Service Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Services are provided “as is” without warranties
  • We disclaim all implied warranties of merchantability and fitness
  • We do not warrant uninterrupted or error-free service
  • We do not guarantee the accuracy of third-party data integrations

9.2 Third-Party Disclaimers

  • We are not responsible for third-party platform actions or decisions
  • Gaming platform integrations may change or be discontinued
  • Third-party content and services are subject to their own terms

9.3 Technical Disclaimers

  • Blockchain networks operate independently of our control
  • Smart contract functionality depends on network consensus
  • Cryptocurrency and token mechanics involve inherent technical risks
  1. Limitation of Liability

10.1 Liability Limits

TO THE MAXIMUM EXTENT PERMITTED BY SWISS LAW:

  • Our total liability is limited to the amount you paid for Services in the past 12 months
  • We are not liable for indirect, incidental, or consequential damages
  • We are not liable for losses related to cryptocurrency or token value fluctuations
  • Force majeure events exempt us from liability

10.2 Swiss Law Considerations

Nothing in these Terms excludes or limits liability that cannot be excluded under Swiss law, including:

  • Liability for intentional misconduct or gross negligence
  • Liability for personal injury caused by our negligence
  • Statutory consumer protection rights that cannot be waived
  1. Indemnification

You agree to indemnify and hold us harmless from claims arising from:

  • Your violation of these Terms
  • Your misuse of our Services
  • Your violation of third-party rights
  • Your violation of applicable laws
  • Content you provide or generate through our Services
  1. Termination

12.1 Termination by You

You may terminate your account at any time by:

  • Following the account deletion process
  • Ceasing use of our Services
  • Note: Blockchain-recorded data cannot be deleted

12.2 Termination by Us

We may suspend or terminate your access if:

  • You violate these Terms
  • We are required to do so by law
  • Continued service would pose risks to our community
  • We discontinue Services (with reasonable notice)

12.3 Effects of Termination

Upon termination:

  • Your access to Services will cease
  • We may delete account data subject to legal requirements
  • Blockchain-recorded data will remain permanently accessible
  • Outstanding obligations survive termination
  1. Dispute Resolution

13.1 Governing Law

These Terms are governed by Swiss law, without regard to conflict of law principles.

13.2 Jurisdiction

The courts of Zug, Switzerland have exclusive jurisdiction over disputes related to these Terms and our Services.

13.3 Mediation

Before initiating formal proceedings, parties agree to attempt good faith mediation through a Swiss mediation service.

13.4 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or collective proceedings.

  1. Changes to Terms

14.1 Modification Rights

We may modify these Terms to reflect:

  • Changes in applicable law or regulation
  • New features or service modifications
  • Security or safety improvements
  • Clarifications or corrections

14.2 Notice of Changes

We will provide notice of material changes:

  • At least 30 days before effective date
  • Via email to registered users
  • Through prominent website posting
  • With opportunity to object or terminate account

14.3 Acceptance of Changes

Continued use of Services after notice period constitutes acceptance of modified Terms.

  1. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between us.

15.2 Severability

If any provision is found unenforceable, the remainder of these Terms remain in effect.

15.3 Assignment

  • You may not assign your rights under these Terms
  • We may assign our rights with reasonable notice

15.4 Language

In case of conflicts between language versions, the English version prevails.

15.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including:

  • Natural disasters and acts of God
  • Government actions and regulatory changes
  • Blockchain network failures or congestion
  • Cyberattacks and security incidents
  1. Contact Information

For questions about these Terms, contact us:

Email: legal@mashiyu.com
Address: Zug, Switzerland
Website: https://mashiyu.com

  1. Special Provisions for Foundation Services

17.1 Foundation Purpose

Our Services are provided in furtherance of the Foundation’s charitable purpose to advance decentralized gaming identity infrastructure and preserve Japanese cultural values in digital contexts.

17.2 Community Governance

  • MSHU token holders may participate in governance decisions
  • Governance participation is subject to additional terms and requirements
  • Foundation board retains ultimate decision-making authority

17.3 Educational Mission

  • Educational content is provided for informational purposes
  • Cultural preservation efforts are conducted with respect and authenticity
  • Community feedback helps improve educational resources

17.4 Open Source Commitment

Where applicable, we commit to:

  • Open sourcing core protocol components
  • Supporting developer community contributions
  • Maintaining transparent development practices
  • Fostering innovation in decentralized gaming infrastructure

These Terms of Service reflect our commitment to honor, authenticity, and innovation in the Web3 gaming ecosystem. They are designed to comply with Swiss law while supporting our mission to advance decentralized gaming identity infrastructure and preserve cultural values in digital spaces.

Last Updated: 16th of August, 2025
Version: 1.0