These terms and conditions apply to the "language education, translation, interpretation and related services" (hereinafter referred to as the "Services") provided by Xinya Co. (hereinafter referred to as the "Company") provides "language education, translation, interpretation, and other related services" (hereinafter referred to as the "Services"). (hereinafter referred to as the "Company"), the Terms of Use shall apply to the use of the Services. Please read and agree to the Terms of Use before using the Service.

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Article 1 (Application of Terms)
1 These Terms and Conditions stipulate the terms and conditions under which the Company provides the Service and under which users may receive the Service.
2 In addition to the Terms, the Company may establish individual terms and conditions or other guidelines regarding the use of the Service in connection with the provision of the Service. In such cases, such individual terms and guidelines shall be deemed to be a part of this Agreement and shall take precedence over the use of the Service by the User.
3. When a user uses the Service, the user is deemed to have agreed to these Terms of Use.
4 If a User is a minor, the User must obtain the consent of a legal representative, such as a person with parental authority, to use the Service. We deem the use of the Service by a minor user to have been performed with the consent of a legal representative such as a person with parental authority.

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Article 2 (User Registration)
1 Users may register for use of the service by registering the necessary information in a manner prescribed by the Company.
2 Users must provide accurate and up-to-date information to the Company regarding their registration.
3 In the event of any change in the registered information, the user shall promptly notify the Company of the change.
4 The Company shall not be liable for any damage or disadvantage incurred by the user due to inaccurate or false registration details, or failure to notify the Company of any changes.

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Article 3 (ID and Password Management)
1 When a user registers for use, the Company will issue an ID and password.
The Company shall not be liable for any damage or disadvantage incurred by the user due to inadequate management of the ID or password. The Company shall not be liable for any damage or disadvantage incurred by the user due to insufficient management of the ID or password.
3 In the event that a user loses or forgets his/her ID or password, or in the event that it is discovered that these have been used by a third party, the user shall immediately notify the Company to that effect.
4 With respect to any and all use of the Service under the ID and password issued to the User, the Company shall deem such use to be the act of the User himself/herself, regardless of whether such use is genuine or not, and the User shall bear all responsibility arising as a result of such act.

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Article 4 (Purchase or Use of Products, etc.)
1. When a user wishes to purchase or use products, digital content, or services (hereinafter referred to as "Products, etc.") provided by the Service, the user shall apply for the purchase or use of Products, etc. in accordance with the method designated by the Company. (1) When a user wishes to purchase or use products, digital content, or services (hereinafter referred to as "Products, etc.") provided through the Service, the user shall apply for the purchase or use of Products, etc. in accordance with the method designated by the Company.
(2) When the user clicks the "Confirm" button after confirming the information entered by the user and the details of the application, and when the application is received by the Company, a contract for the purchase or use of the Product(s) concerned is considered to have been formed between the user and the Company.
3 Notwithstanding the provisions of this Article, if there is a violation of these Terms of Use with regard to the use of the Service, the Company may cancel the purchase agreement, claim compensation for damages, or take any other measures the Company deems appropriate. The Company shall not be liable for any damage or disadvantage incurred by the user as a result of such measures, except in cases of willful misconduct or gross negligence on the part of the Company.

Article 5 (Method of Payment)
1 Users shall pay the price of the Products, etc. indicated in the purchase procedures for the Products, etc. in the preceding article.
(2) Payment for products shall be made by the method indicated in the purchase procedure or by a payment method separately approved by the Company.
3 In the case of payment by credit card, the user shall comply with the terms and conditions separately contracted by the user with the credit card company. If any dispute arises between a user and a credit card company in connection with the use of a credit card, the user shall resolve such dispute at the user's own responsibility and expense.

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Article 6 (Ownership and Assumption of Risk)
Ownership of the merchandise shall pass to the user at the time the Company or a third party affiliated with the Company delivers the merchandise to the delivery company, and the risk associated with the merchandise shall pass to the user at that time.

Article 7 (Use of Content)
If the subject of the application is digital content, said digital content shall become available for use after the conclusion of a contract for the use of said digital content. Any loss, destruction or damage of downloaded materials shall be the responsibility of the user. For the avoidance of doubt, intellectual property rights such as copyrights pertaining to Digital Content are not transferred to the user.

Article 8 (Return and Exchange of Products, etc.)

1 With respect to the Service, no returns or exchanges of products, etc. will be accepted, except in the following cases
(1) When the merchandise is defective or faulty.
In this case, the return or exchange shall be made within 8 days of receipt of the merchandise, etc., by notifying the Company in a manner designated by the Company.
(2) Other cases as determined independently by the Company
In such cases, such notification shall be made by means of information provided on the Company's website, etc.
2 Purchases made by underage users shall be deemed to have been made with the consent of a legal representative such as a person with parental authority, and therefore the Company shall not accept returns or exchanges of merchandise, etc.

 

Article 9 (Disclaimer Regarding Products, etc.)
1 Our liability for the quality, functionality, performance, compatibility with other products, or other defects of Products sold through the Service shall be limited to those set forth in the preceding Article, except in cases of intentional or gross negligence on our part.
2 We do not guarantee the legality, usefulness, completeness, accuracy, currentness, reliability, or fitness for a particular purpose of the displays on the website of the Service, photos and comments posted by users regarding Products, etc., or comments posted on Twitter, Instagram, or other SNS services. No warranty is made.

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Article 10 (Subscription)
1 Subscription plans are billed on a monthly or annual basis. You will be billed on an ongoing basis prior to each subscription period.
2 At the end of each subscription period, the subscription will automatically renew under the same terms unless you or we cancel the subscription.3 If a subscription bill is not paid for any reason, we may immediately stop providing the Service to that user.
4 We are free to modify subscription or other fees at any time. Revisions to subscription fees will be applied at the time of the next subscription renewal.
5 Prior to modifying subscription fees, we will send you a notice in advance to give you an opportunity to decide whether to continue your subscription.
6 Continued use of the Service after a change in subscription fees constitutes acceptance of the change in subscription fees.
7 Subscription fees paid will not be refunded, except as required by law.

 

Article 11 (Free Trial)
1 We may, at our discretion, offer a free trial for a limited period of time for subscription purchases.
2 If the user does not cancel the subscription before the end of the free trial period, the applicable subscription fee will be automatically charged.
3 We reserve the right to change the terms and conditions of the free trial and discontinue offering the free trial at any time.

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Article 12 (Intellectual Property Rights and Content)
All intellectual property rights, including copyrights, and all other rights with respect to all materials comprising the Service are the property of the Company or third parties holding such rights. Users shall not acquire any rights with respect to all materials in the Service, and shall not perform any act that infringes on the rights to the materials without the permission of the rights holder. The granting of use of the Service under these Terms of Use shall not be construed as a license to use the rights of the Company or any third party owning such rights with respect to the Service.

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Article 13 (Postings by Users)
1. Information such as writings, reviews, and comments by users within the Service, as well as images, illustrations, and other content posted, uploaded, or made available for viewing by users (hereinafter referred to as "user-posted information"), may be accessed and viewed by an unspecified number of users of the Service. (2) Please use the Service with the full understanding that the information posted by users (hereinafter referred to as "User-Posted Information") will be accessed and viewed by an unspecified number of users of the Service. Users who post user-posted information shall bear full responsibility for such information.
2 Users may not post the following information
(1) Untruthful information
(2) That which contains obscene expressions or indecent images such as nudity
(3) That which injures the honor or credibility of others
(4) That which infringes on the privacy rights, portrait rights, copyrights or other rights of any third party
(5) that contains computer viruses
(6) Links or URLs to websites other than those approved by the Company
(7) Any other content that the Company deems inappropriate.
3. The user grants us permission to use the user-posted information free of charge. In granting such permission, the user represents and warrants the following
(1) You are the rightful owner of the copyrights, neighboring rights, portrait rights, and all other rights related to the user-posted information, or you have received all necessary permissions to use the user-posted information for this service from the rightful owner.
(2) The posting of user-posted information and its use by the Company shall not infringe on the copyrights, neighboring rights, portrait rights, or any other rights of any third party.

4 We may monitor the contents of user-posted information for the purpose of ensuring that users can use the Service safely.
5 We reserve the right to delete user-posted information without prior notice to users and to restrict user postings in the event that user-posted information violates these Terms of Use or for any of the following reasons
(1) When a certain period of time has elapsed since the posting.
(2) When deemed necessary for the maintenance and management of this service
(3) When the capacity of user-posted information, etc. has exceeded the specified capacity of the equipment used by the Company, or when there is a risk of such exceeding the capacity of the equipment.
(6) The Company is not obligated to respond to users regarding the reasons for deletion or restriction of postings in accordance with the preceding paragraph, and is not liable for any damage or disadvantage incurred by users as a result of such deletion or restriction. We are not obligated to delete user-posted information.
7. Users shall agree in advance to the monitoring, deletion, and restriction of user-posted information in accordance with this Article.

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Article 14 (Notices to Users)
The Company will send email newsletters and push notifications for applications such as smartphones to users periodically or irregularly to inform them of the latest information and recommendations for the services provided by the Company.

Article 15 (Change, Addition, or Suspension of Service Content)
The Company may change, add, or discontinue all or part of the contents of the Service without prior notice to users, and users shall consent to such changes, additions, or discontinuation in advance.

Article 16 (Personal Information)
The Company shall properly handle personal information obtained through the use of the Service by Users in accordance with the Company's Privacy Policy.

 

Article 17 (Prohibited acts)
1 Users may not engage in any of the following acts
(1) Any act that interferes or may interfere with the operation of this Service
(2) Any act that interferes with the use of the Service by other Users
(3) Acts that infringe on copyrights or other rights related to the Service
(4) Acts that infringe on the rights or interests (including, but not limited to, honor rights, privacy rights, and copyrights) of the Company, other users, or third parties. (4) Infringing the rights or interests (including but not limited to honorary rights, privacy rights, and copyrights) of the Company, other users, or third parties
(5) Actions that violate or may violate public order and morals or other laws and regulations
(6) Acts that violate these Terms of Use
(7) In addition to the preceding items, acts that the Company deems inappropriate in light of the purpose of this service.
2 In the event that the Company deems that a user has committed an act stipulated in the preceding paragraph, the Company may, without prior notice to the user, suspend use of all or part of the Service, or take any other measures that the Company deems necessary and appropriate. The Company shall not be liable for any damage or disadvantage incurred by the user as a result of the actions described in this paragraph.

 

Article 18 (Exclusion of Antisocial Forces)
The user shall pledge the following to the Company

(1) They themselves are not organized crime groups, companies affiliated with organized crime groups, general assemblymen, or similar persons, or members of such groups (hereinafter collectively referred to as "Anti-Social Forces"). (1) They are not an organized crime group, an enterprise affiliated with an organized crime group, a general meeting house, or a person equivalent thereto, or a member thereof (collectively "Anti-Social Forces").
(2) That its own officers (employees, directors, executive officers, or persons equivalent thereto who execute business) are not antisocial forces. (2) That its own officers (meaning employees, directors, executive officers, or persons equivalent thereto, who execute business) are not antisocial forces.
(3) The applicant does not allow antisocial forces to use its own name to enter into this Agreement.
(4) The party will not commit any of the following acts by itself or by using a third party
(a) Use threatening language or violence against the other party
(b) Unreasonable demands beyond legal responsibility
(c) Use of deception or force to obstruct the other party's business or damage its credibility

 

Article 19 (Disclaimer)
1 In the event of suspension, interruption, or delay of all or part of the Service due to natural disasters, war, acts of terrorism, riots, labor disputes, epidemics, enactment, revision, or abolition of laws and regulations, intervention by government agencies, or other force majeure, the Company shall not be liable for any damage or disadvantage caused to the User.
2 Users understand that suspension, interruption, or delay of all or part of the Service may occur due to communication line or computer failure, system maintenance, or other reasons, and that the Company shall not be liable for any damage or disadvantage incurred by users as a result of such suspension, interruption, or delay. In addition, the Company shall not be liable for any damage or disadvantage caused by the user's usage environment.
3 The Company makes no warranty, either express or implied, with respect to the following
(1) The usefulness, completeness, accuracy, currency, reliability, and fitness for a particular purpose of the contents of the Service and information provided through the Service.
(2) That the information provided through the Service does not infringe on the rights of any third party.
(3) That the Service will continue to exist in the future.
4 SOFTBANK TELECOM shall not be obligated to restore data, etc. lost, damaged, or altered in whole or in part for any reason whatsoever, and shall not be liable for any damages incurred by customers or third parties due to such loss, damage, or alteration.
5 In the event that SOFTBANK TELECOM is liable to a user in relation to the user's use of the Service, SOFTBANK TELECOM shall not be liable to compensate for damages beyond the value of the relevant goods, etc., and shall not be liable for incidental damages, indirect damages, special damages, future damages, and damages for lost profits. 6 Notwithstanding any other provision of this Article
6 Notwithstanding any other provision of this Article, the disclaimer provision shall not apply if the contract between SBM and a user with respect to the Service constitutes a consumer contract as defined in the Consumer Contract Act and is caused by SBM's willful act or gross negligence.

 

Article 20 (Confidentiality)
Users shall not disclose or divulge to any third party any information disclosed to or obtained by the Company in the course of using the Service, and shall not use such information for any purpose other than the use of the Service.

Article 21 (Notification from the Company)
1 When the Company sends a notice to a user, the Company shall send an e-mail to the e-mail address registered by the user, post a notice on the website pertaining to the Service, or use any other method the Company deems appropriate.
2 When we send a notice to the e-mail address in the preceding paragraph, the notice will be deemed to have reached the user when it is recorded on the e-mail server of the e-mail address.
3 Users shall promptly notify us of any changes to the e-mail address in Paragraph 1. Notices sent to the e-mail address before the change by the Company before receiving notice of the change in this paragraph shall be deemed to have reached the Subscriber at the time of transmission.
4 The Company shall not be liable for any damage or disadvantage incurred by the user as a result of the user's failure to notify the Company in accordance with the preceding paragraph.

 

Article 22 (Disputes with Third Parties)
1 The user shall settle any dispute between the user and a third party in connection with the Service at the user's own expense and responsibility, and the Company shall assume no responsibility whatsoever.
2 In the event that we incur damages (including attorney's fees) in connection with the preceding paragraph, the user shall be liable for such damages. In the event that the Company suffers damages (including attorney's fees) in connection with the preceding paragraph, the user shall compensate the Company for such damages.
Article 23 (Prohibition of Assignment of Rights and Obligations)
Users may not assign, transfer, create a security interest in, or otherwise dispose of their contractual status based on this agreement, or their rights and obligations arising therefrom, in whole or in part, to any third party without the prior written consent of this company.

Article 24 (Severability)
If any provision of these Terms and Conditions is held invalid because it violates any law or regulation applicable to contracts based on these Terms and Conditions with users, such provision shall not apply to contracts with such users to the extent that it is held to be a violation thereof. This shall not affect the validity of any other provision of these Terms and Conditions.

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Article 25 (Modification of these Terms of Use)
If it becomes necessary to modify the Terms of Use, the Company may modify the Terms of Use in accordance with Article 548-4 of the Civil Code (modification of standardized terms and conditions). In the event of modification of the Terms of Use, the Company shall specify the effective date of the modification, and shall make the following items known to the public by sending e-mail or by other means by the effective date.

(1) A notice that the Terms of Use have been modified.
(2) The contents of the revised Terms of Use
(3) Effective date

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Article 26 (Governing Law, Jurisdiction)
1 This Agreement shall be governed by and construed in accordance with the laws of Japan.
2 The Company and the User agree in advance that the Tokyo District Court shall be the exclusive court of first instance for the resolution of any disputes arising between the Company and the User in relation to the Service.

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