Terms of Use
Established: September 25, 2026
These Terms of Use (the "Terms") set out the conditions for using the Service (defined in Article 1) provided by PXR LLC. (the "Company") between the Company and everyone who uses the Service ("Users"). Users shall comply with these Terms when using the Service.
Article 1 Definitions
In these Terms, the following terms have the following meanings:
- (1) "Service" means the websites, applications (including those used in a browser and on the desktop), APIs and other services provided by the Company under the name "ESKEES".
- (2) "Works" means output created by Users with the Service (including exported files, images, videos and other data).
- (3) "Publishing Feature" means the part of the Service for posting Works and letting other Users or third parties view, play and rate them.
- (4) "API" means the part of the Service available to Works, such as leaderboards.
- (5) "Individual Contract" means a contract individually concluded between the Company and a User concerning use of the Service.
Article 2 Agreement to the Terms
1. By using all or any part of the Service, Users are deemed to have agreed to these Terms.
2. Persons under 13 years of age may not use the Service.
3. Conditions of use not set out in these Terms (including paid provision, provision to businesses, and embedding or redistribution of the Company's software) shall be set out in an Individual Contract. Please contact the Company if you wish to conclude one.
4. If an Individual Contract differs from these Terms, the Individual Contract prevails.
Article 3 Changes to the Terms
1. The Company may change these Terms in the following cases:
- (1) where the change conforms to the general interests of Users; or
- (2) where the change does not contradict the purpose of these Terms and is reasonable in light of the necessity of the change, the appropriateness of the changed content, the nature of the change and other circumstances.
2. When changing these Terms, the Company will post the changed Terms and their effective date in advance on the Company's website (the "Site"), and notify Users by posting a notice of the change on the Site.
3. The changed Terms take effect when a User agrees to them, or when a User continues to use the Service on or after the effective date posted on the Site.
Article 4 Provision of the Service
1. The Service is currently provided free of charge as a version under development (alpha).
2. The Company may change the content of the Service (including features, screens, file formats and the API), and may suspend or end the provision of all or part of the Service, without notice. The statement "may change without notice" displayed on the registration screen and elsewhere refers to this paragraph.
3. The preceding paragraph does not apply to changes to these Terms themselves, which are governed by Article 3.
Article 5 Accounts
1. Some features of the Service require registering an account by the method designated by the Company and being granted access by the Company.
2. The Company decides whether and when to grant access. The Company does not disclose the status of pending access or the reasons for its decisions.
3. Users are responsible for managing their account credentials and shall not let any third party use or share them.
4. Users may delete their account at any time by the method designated by the Company. When doing so, Users may choose whether to delete the Works they posted to the Publishing Feature. Scores and other records in the API may remain in a form that does not identify the User.
5. When the alpha version ends, the Company will endeavor to carry over accounts and posted Works, but does not guarantee this.
Article 6 Rights to the Service
1. All intellectual property rights and other rights relating to the Service, including copyrights (including the rights under Articles 27 and 28 of the Copyright Act), patent rights, trademark rights, utility model rights and design rights, belong to the Company or the legitimate rights holders.
2. The Company grants Users a non-exclusive, non-transferable and non-sublicensable right to use the Service in accordance with these Terms.
3. Part of the Service was published under the Apache License 2.0 in the public repository "pxrllc/emg" on or before September 1, 2026. Notwithstanding these Terms, the conditions of that license apply to the published part and to the EMG file format, which is a published specification.
4. Third-party software included in software distributed by the Company is subject to its respective license.
Article 7 Rights to Works
1. Rights to Works belong to the User or the legitimate rights holders. The Company acquires no rights to Works.
2. Users may freely use Works, commercially or non-commercially, including selling and distributing them.
3. Notwithstanding the preceding paragraph, bundling or redistributing the Company's software in order to play Works is subject to conditions separately set by the Company or to an Individual Contract.
4. Users may use the official samples and assets provided by the Company in their own Works.
5. If the Company provides a feature for supplying assets to other Users, its conditions will be set separately when the feature is provided.
Article 8 Posting to the Publishing Feature
1. For Works posted to the Publishing Feature, Users grant the Company, free of charge and non-exclusively, permission to:
- (1) display and distribute the Work on the Publishing Feature and let other Users or third parties play it;
- (2) create thumbnails and other images for the purpose of the preceding item; and
- (3) use the Work to promote the Service, with the author's name displayed.
2. If a User withdraws or deletes a post, the Company will stop distributing it on the Publishing Feature and will not newly use the Work for promotion thereafter.
3. Only works suitable for general audiences (all ages) may be posted.
4. Users warrant that they hold the rights necessary for posting the Work and for the permissions in this Article.
5. If the Company judges that a posted Work, a Work title, a user name or a name displayed through the API violates these Terms or is inappropriate, the Company may make it private, delete it or change it without notice.
Article 9 API
1. The Company may change or end the API without notice. In that case, parts of Works that use the API may stop working.
2. The Company may delete scores and other data recorded in the API without notice.
Article 10 Storage of Data
1. Projects created in the Service's applications, and save data of Works, are stored only on the User's device or browser. The Company does not keep them.
2. Users are responsible for backing up their data. The Company has no obligation to recover lost data.
Article 11 Prohibited Acts
When using the Service, Users shall not:
- 1. infringe the intellectual property rights such as copyrights, portrait rights, privacy rights, honor or other rights or interests of the Company, other Users or third parties (including unauthorized use of content in which others hold rights);
- 2. enter false or erroneous information while using the Service;
- 3. obstruct the operation of the Service by sending computer viruses, placing excessive load, unauthorized access or other means;
- 4. analyze all or part of the software constituting the Service by decompiling, disassembling or other means of converting it into a readable form (excluding the published part under Article 6, paragraph 3 and acts permitted by law);
- 5. analyze the file format defined independently by the Company (the parts of .eskx files not included in the EMG specification) and, without the Company's permission, create or distribute software that reads or writes it;
- 6. enter false information when applying for the Service, or use the Service without authority or by impersonating others;
- 7. defame, harass, threaten or otherwise annoy third parties;
- 8. post works containing sexual or violent expression beyond what is suitable for general audiences;
- 9. register scores or other records in the API by improper means;
- 10. copy, transfer, lend, distribute, modify or adapt other Users' Works without the permission of the rights holder;
- 11. use the "ESKEES" name or logo in a manner that could be mistaken for a product of the Company;
- 12. act against public order and morals, commit crimes or torts;
- 13. violate these Terms or laws; or
- 14. engage in any other act the Company deems inappropriate.
Article 12 Required Equipment
Users shall prepare, at their own cost and responsibility, the equipment necessary to use the Service, such as PCs, smartphones and communication devices. Users shall handle, at their own cost, any transactions with third parties, including sellers, concerning such equipment (including third-party content, apps and software obtained through it). All communication, electricity and other costs of using the Service are borne by Users, and the Company bears none of them.
Article 13 Personal Information
The Company handles personal information appropriately in accordance with its Privacy Policy, and Users agree that their personal information is handled in accordance with the Privacy Policy.
Article 14 Measures for Violations
1. The Company bears no responsibility for legal claims or liabilities with third parties arising in connection with a User's violation of these Terms, including unauthorized use. The violating User shall handle them at their own cost and warrants that the Company will suffer no trouble or damage.
2. If such a claim is made against the Company and the Company suffers damage, the User shall compensate all costs incurred by the Company, including reasonable attorney's fees.
Article 15 Disclaimer
1. The Service is provided as is, as a version under development. The Company does not guarantee the fitness for any purpose, accuracy or completeness of the Service or any content or information on it.
2. Even if an infringement of copyright, portrait rights or other third-party rights is found in content on the Service and a User suffers damage directly caused by it, the User shall deal with it without causing trouble to the Company.
3. In no event shall Users cause trouble to the Company regarding any dispute with a third party, or any related damage, arising from these Terms, the Service, content on the Service, rights licensed under these Terms, reliance, access, use, non-use, delay or the like.
4. The Service may work together with external services. Users use external services at their own discretion and shall not cause trouble to the Company regarding damage arising from their use.
5. Users shall comply with the terms of use of external services when using them.
6. Even if any provision of these Terms, or part of it, is held invalid, the remainder of these Terms continues in effect.
7. Paragraphs 2 through 4 do not apply where the Company acts with intent or gross negligence.
8. The Company's liability for damages based on non-performance or tort for damage caused to a User by the Company's slight negligence is limited to the higher of (a) the total amount the User paid to the Company as fees for the Service during the 12 months preceding the date the damage occurred, and (b) 10,000 yen. Purchases of Works, in-work payments and other payments to other Users are not included in the amount in (a).
Article 16 Suspension of Use
1. If a User falls under any of the following, or the Company judges that there is a risk of it, the Company may, at its discretion and immediately, without prior notice or demand and without the User's consent, suspend the account, make posted Works private or delete them, or suspend use of the Service, and terminate any Individual Contract:
- (1) violation of these Terms;
- (2) being, or having been found to have been, an antisocial force;
- (3) obstructing the operation of the Service; or
- (4) any other case the Company deems inappropriate.
2. If a User falls under any item of the preceding paragraph and the Company suffers damage, the User shall compensate the Company for the full amount of the damage (including reasonable attorney's fees).
3. The Company has no obligation to disclose to the User the grounds under paragraph 1.
Article 17 Contact and Notices
The Company contacts or notifies Users by posting on the Service, by email or by similar means. Notices take effect at the following times:
- 1. Posting on the Service: when the Company posts it.
- 2. Email: when the Company sends it to the registered email address.
Article 18 Consultation
If any doubt, dispute or problem arises in connection with the Service, the Company and the User shall consult in good faith and seek a resolution.
Article 19 Language
The Japanese version of these Terms is the official text. Even if a translation is prepared for reference, the Japanese text governs.
Article 20 Governing Law and Jurisdiction
1. The Service and these Terms are governed by and construed in accordance with the laws of Japan.
2. The Tokyo District Court or the Tokyo Summary Court, depending on the amount in controversy, has exclusive jurisdiction of first instance over any dispute with a User arising from or relating to the Service.
PXR LLC.