GENERAL TERMS OF USE AND SALE OF THE DOMO APPLICATION
By accessing the Application, you (the "User") acknowledge having read these General Terms of Use and Sale (the "GTUS") and accept them without reservation in all their provisions.
Last update: April 24, 2025
In the context of these GTUS, the following terms have the following meaning:
Application: refers to the software application called "DOMO" available on mobile devices, published by the Seller and whose purpose is to promote and sell the Seller's Products.
Seller: refers to AKATSUKI LIMITED, a Maltese company with a capital of 10,000 euros, registered under number C 109512, with registered office at 23 FL 3/11 'SOUTH HOUSE', TRIQ HOMPESCH, FGURA, FGR 2010, Malta
User: refers to any natural person who downloads or accesses the Application or uses one of its features. The user must necessarily create an account on the Application.
Buyer: refers to any User who makes a purchase of Products on the Application.
Product: refers to any digital product or digital content that the Seller offers for sale on the Application, including digital collectible cards.
Game: refers to any promotional game, notably by drawing lots, organized by the Seller on the Application.
The Application aims to promote and sell the Seller's Products. It offers Users a precise and illustrated description of Products including mandatory pre-contractual information as well as animations and an original narrative universe created by the Seller.
The Application's features include:
Downloading and using the Application implies the User's acceptance to respect the GTUS in their version applicable on the date of use. The Seller may modify the GTUS at any time.
4.1. Access Conditions
Access to the Application is authorized to natural persons residing in France, with legal capacity. Access requires downloading from an app store on a compatible mobile device with sufficient Internet connection.
4.2. Availability and Maintenance
The Seller strives to make the Application available continuously, without being able to guarantee uninterrupted availability or the absence of any error or slowdown.
The detailed description of each Product offered for sale is provided on the Application page dedicated to each Product. Among the Products, the Seller offers digital collectible cards with variable characteristics and rarity levels.
Any User can purchase Products from the Application after creating an account. The User must connect to their account, select Products, accept the GTUS, confirm their order, and pay according to the proposed payment methods.
Under certain conditions, when the order contains digital content not provided on durable media, the Seller informs the Buyer that validating their order requires confirming their wish to access Products before the withdrawal period expires.
Product delivery is quasi-instantaneous from order validation, unless specific delivery terms are provided. Products are available from the Buyer's account on the Application.
The Seller undertakes to deliver Products conforming to their description and meeting expected characteristics in terms of functionality, compatibility, accessibility, continuity, and security.
The Seller offers a loyalty system linked to Product purchases in the form of tokens, also called "Cosmos" which can only be used on the Application. Tokens are awarded following Product purchases: for each card acquired, one cosmos is unlocked.
It is expressly reminded that all Games, prize draws, promotional lotteries and, more generally, any operation allowing Users to win prizes through the Application are solely organized by the Seller. The app stores and distribution platforms (including, without limitation, Apple's App Store and Google Play Store) do not participate in, manage or sponsor these operations in any manner. No prize, reward or benefit granted in connection with such operations can be considered as owed by, or under the responsibility of, Apple or Google in any way.
10.2. Free Acquisition of Cosmos (No Purchase Necessary) – Free Access Method to the Prize Draws
In accordance with the rules applicable to promotional operations, the User may obtain one (1) Cosmos free of charge and without any obligation to purchase. To do so, the User must send, during the validity period of the operation, a clearly written request to the following address:
AKATSUKI LIMITED – DOMO Service – Free Cosmos Request 23 FL 3/11 ‘SOUTH HOUSE’, TRIQ HOMPESCH, FGURA, FGR 2010, Malta
The request must include the following mandatory elements: • the User’s full name and postal address; • the email address associated with their DOMO account; • a photocopy of a valid identity document; • the handwritten statement: “I request the free issuance of one Cosmos in accordance with the GTUS of the DOMO application”; • the attached form duly completed and signed.
Form link: https://playdomo.com/formulairecosmos
Only one free request per person and per household (same name, same address) is accepted within a period of thirty (30) days. Any incomplete, illegible, or incorrectly addressed request will be deemed invalid. One (1) Cosmos will be credited to the User’s DOMO account within a maximum of thirty (30) days following the receipt of a valid request.
The free Cosmos obtained through this method is identical in nature and value to a Cosmos obtained through the purchase of Products on the Application.
The Application may integrate links to third-party websites. The Seller exercises no control over these third-party sites and contents.
12.1. Seller's Intellectual Property
The Seller is the exclusive owner of all intellectual property rights relating to the Application.
12.2. Third-party Intellectual Property
Users undertake to respect third-party intellectual property rights.
The conditions under which the Seller may collect personal data are detailed in the Privacy Policy accessible from the Application.
The User can delete their account at any time. Account deletion results in permanent loss of associated tokens.
The Seller implements moderation mechanisms to sanction inappropriate behavior on the Application.
The Seller cannot be held responsible for direct or indirect damages resulting from the use or inability to use the Application.
The User cannot assign their rights or obligations relating to the GTUS. The Seller may assign all or part of its rights at any time.
The User accepts that connection and navigation data serve as evidence until proven otherwise.
These GTUS and the Application's user interface are written in French. Only the French version is authoritative.
The GTUS are governed by French law.
Any dispute falls under the exclusive jurisdiction of the Marseille Judicial Court. Prior to any legal action, any dispute is subject to a serious attempt at amicable resolution.
