KODAWARI Sensei Terms of Use

Article 1. Application

These Terms of Use set forth the terms and conditions for the use of KODAWARI Sensei (the “Service”). Users shall use the Service upon agreeing to these Terms of Use and the Privacy Policy separately established by the Company.

Article 2. Definitions

For the purposes of these Terms of Use, the following terms shall have the meanings set forth below:

1. “User” means an individual who uses the Service. 2. “Lesson” means online Japanese language instruction provided through the Service. 3. “Instructor” means a person who has entered into an agreement with the Company and provides Japanese language instruction on the Service. 4. “Community” means user interaction features provided through Discord or other external platforms. 5. “Beta Features” means features under development or provided on a trial basis, AI features, or any other services prior to official release. 6. “User-Submitted Content” means text, images, audio, or any other content posted, transmitted, or provided by a User through the Service, the Community, or any other functions provided by the Company.

Article 3. User Registration

1. A User shall apply for registration in the manner prescribed by the Company, and may begin using the Service upon approval by the Company. 2. The Company may refuse or revoke registration in any of the following cases: - the User has submitted false information; - the User has violated these Terms of Use; or - the Company otherwise determines that the registration is inappropriate. 3. If a minor uses the Service, the minor shall use the Service after obtaining the consent of a legal representative or other person with parental authority. 4. The Company may confirm the consent of a legal representative for use by a minor through verification procedures at the time of registration or by any other reasonable method.

Article 4. Account Management

1. Users shall manage their accounts at their own responsibility. 2. Sharing or lending accounts is prohibited. 3. The Company shall not be liable for any damage arising from unauthorized use of an account. 4. The Company may acquire, verify, and use IP addresses, device information, access status, location information, and other necessary information for purposes including prevention of unauthorized use, identity verification, tax compliance, determination of consumption tax, VAT, GST, and other taxes, and any other purpose deemed necessary by the Company. 5. If account sharing, bot use, multiple use, or any other unauthorized or abnormal use is confirmed, the Company may, without prior notice, suspend, restrict, delete, or take any other necessary measures with respect to the account.

Article 5. Service Description

1. The Service provides online Japanese language education services. 2. The details of the Service, Instructors, and methods of provision may be changed without prior notice. 3. The Company does not guarantee any specific Instructor, time slot, communication quality, reservation availability, or any other service usage environment. 4. The Service may include original learning materials, video courses, Community features, AI features, Beta Features, and other ancillary services. 5. The Company does not guarantee the completeness, accuracy, usefulness, timeliness, continuity, or fitness for a particular purpose of Lessons, Instructors, learning materials, video courses, Community posts, or any other content. 6. Lesson duration, number of Lessons, content provided, and other details of the Service shall be as specified on the Company’s website, pricing page, My Page, or other methods prescribed by the Company.

Article 6. Fees and Payment

1. The Service is provided on a subscription basis and will renew automatically. Billing timing, contract period, renewal date, and other details will be displayed on the pricing page, My Page, or by other methods prescribed by the Company. 2. Users shall pay the fees prescribed by the Company. 3. Fees paid by Users are non-refundable, except as required by applicable laws and regulations. 4. If there is any change to a User’s country of residence, billing address, or other information that is important for tax purposes, the User shall promptly update such information through My Page or by any other method prescribed by the Company. 5. The Company shall not be liable for any tax-related, payment-related, or other disadvantage arising from the User’s failure to make the changes set forth in the preceding paragraph. 6. Depending on the User’s country of residence or applicable laws and regulations, VAT, GST, consumption tax, or other taxes may be added.

Article 7. Contract Period and Cancellation

1. Users may cancel the Service at any time. 2. Even after cancellation, Users may continue to use the Service until the next renewal date. 3. Upon expiration of the usage period, any unused Lessons and all other rights shall expire. 4. No new charges will be incurred after cancellation. 5. Cancellation procedures must be completed by the method prescribed by the Company at least twenty-four (24) hours before the next renewal date. 6. If the deadline set forth in the preceding paragraph has passed, the fee for the next billing period may be charged. 7. Determination of the cancellation deadline shall be made based on the time and standards recorded in the Company’s system. 8. The Company may display the renewal date, next payment date, and other contract information on My Page or by any other method prescribed by the Company.

Article 8. Lesson Reservations and Usage Restrictions

1. Lessons shall be provided by the following methods: 1. attendance by advance reservation (“Reserved Lessons”); and 2. immediate attendance when an Instructor is available on standby (“Instant Lessons”). 2. The maximum number of reservations that a User may hold at the same time shall be three (3). 3. The number of Lessons that a User may take in one day shall be subject to a limit separately determined by the Company. 4. Instant Lessons may not be available depending on Instructor standby status, communication environment, or other circumstances. 5. With respect to connection failures, unavailability of standby Instructors, interruptions, or other issues during Instant Lessons, the Company will respond within a reasonable scope, but will not provide additional compensation. 6. A Lesson shall be deemed to have started when connection begins on the system, and shall be deemed to have ended when the prescribed time has elapsed or when the User or Instructor disconnects the communication. 7. Upon the end of the Lesson as set forth in the preceding paragraph, such Lesson shall be deemed to have been consumed as one Lesson. 8. The Company may change usage restrictions as necessary for operational reasons. 9. If the Company determines that it is necessary for system maintenance, prevention of unauthorized use, or other operational reasons, the Company may impose usage restrictions, reservation restrictions, or connection restrictions on specific Users.

Article 9. Cancellations and Absences

1. Cancellation within twenty-four (24) hours before the start time of a Lesson shall be treated as consumption of the Lesson. 2. Absence without notice shall be treated as consumption of the Lesson. 3. Inability to attend a Lesson due to the User’s communication environment or other circumstances attributable to the User shall also be treated as consumption of the Lesson.

Article 10. Measures in the Event of Instructor Circumstances

1. If a Lesson cannot be conducted due to circumstances attributable to the Instructor, the Company shall provide an alternative Lesson or equivalent compensation. 2. No compensation other than that set forth in the preceding paragraph shall be provided.

Article 11. Prohibited Acts

Users shall not engage in any of the following acts:

- harassment of Instructors; - entering into, negotiating, soliciting, or accepting direct contracts with Instructors; - poaching or attempting to poach Instructors; - unauthorized use of accounts; - illegal acts or acts contrary to public order and morals; - interference with the operation of the Service; - discriminatory remarks or conduct, sexual remarks or conduct, abusive language, or any other inappropriate conduct toward Instructors or other Users; - unauthorized recording, audio recording, reproduction, posting, redistribution, or streaming of Lessons; - unauthorized posting of the Service or Instructor information on social media, video-sharing websites, or any other external media; - unauthorized access or unauthorized use through bots, AI, or any other automated tools; - making false statements regarding country of residence or other tax information; - defamation, discriminatory remarks or conduct, political activities, religious solicitation, sales activities, or any other conduct within the Community that the Company deems inappropriate; - romantic solicitation, investment solicitation, multi-level marketing, or other sales activities through the Community; - nuisance behavior or trolling on Discord or any other external Community platform; - persistent direct messages to other Users or any other conduct that the Company deems inappropriate; - unauthorized disclosure or provision to third parties of other Users’ personal information, conversation content, or other confidential information; - interference with Community operations; or - contacting Instructors or other Users outside the Company’s Service for the purpose of continuous sales activities, direct contracts, solicitation, or other transactions not conducted through the Company’s Service.

Article 12. Relationship with Instructors and Damages

1. Instructors provide services based on outsourcing agreements with the Company. 2. The Company shall not be liable for any trouble or dispute between a User and an Instructor. 3. If a User enters into a direct contract, makes direct payment, maintains continuous contact, solicits, or engages in any similar act with an Instructor, and the Company suffers damage as a result, the User shall compensate the Company for ordinary damages incurred by the Company, including investigation costs and attorneys’ fees.

Article 13. Suspension or Modification of the Service

The Company may suspend or modify the Service in any of the following cases:

- system maintenance; - force majeure; or - any other case in which the Company determines that suspension or modification is necessary.

Article 14. Intellectual Property Rights

1. Intellectual property rights relating to learning materials, video courses, AI-generated outputs, Lesson content, other content, and any other matters concerning the Service shall belong to the Company or the relevant rights holders. 2. Users are granted only a non-exclusive and non-transferable right to use the Service, and no intellectual property rights or other rights shall be transferred to Users. 3. Users shall not, without the Company’s prior consent, reproduce, repost, distribute, sell, publish, modify, or otherwise make secondary use of learning materials, video courses, AI-generated outputs, Lesson content, or any other content.

Article 15. User-Submitted Content

1. Rights to User-Submitted Content shall remain with the relevant User or rights holder. 2. Users grant the Company a free-of-charge, non-exclusive right to use User-Submitted Content, including reproduction, adaptation, editing, publication, and distribution, for purposes related to the Company’s services, including operation, improvement, quality enhancement, public relations, marketing, AI training, and statistical analysis. 3. In using User-Submitted Content as set forth in the preceding paragraph, the Company may anonymize or statistically process such content as necessary. 4. Users shall not exercise moral rights against the Company or any third party authorized by the Company with respect to User-Submitted Content. 5. Users represent and warrant that they have lawful rights to the content they post or provide.

Article 16. Recording, Audio Recording, and AI Use

1. The Company may record video or audio of Lessons for purposes including quality improvement, Instructor training, prevention of trouble, prevention of unauthorized use, service improvement, and any other purpose deemed necessary by the Company. 2. The Company may use Users’ learning history, conversation content, answers, and other service usage information for purposes including service improvement, development of learning materials, learning support, and quality enhancement using AI technology and other analytical technologies. 3. In using the information set forth in the preceding paragraph, the Company may anonymize or statistically process such information as necessary. 4. Users shall not record video or audio of, reproduce, redistribute, stream, or publish Lessons or any other service content without the Company’s prior consent.

Article 17. Beta Features

1. The Company may provide Beta Features. 2. The Company makes no warranties whatsoever regarding Beta Features, including completeness, continuity, accuracy, operation, fitness for a particular purpose, or any other matter. 3. The Company may change, suspend, or terminate Beta Features without prior notice.

Article 18. Community

1. The Company may provide Community features using Discord or other external platforms. 2. Users shall comply with the terms and conditions of Discord or any other external service provider when using such external services. 3. The Company has no obligation to monitor posts, statements, external links, or any other information in the Community, and does not guarantee their accuracy, safety, usefulness, or any other quality. 4. The Company shall not be liable for any trouble or dispute between Users within or outside the Community. 5. If the Company determines that it is necessary for Community operations, the Company may delete posts, issue warnings, impose usage restrictions, forcibly remove Users, or take any other necessary measures. 6. The Company may change, suspend, or terminate all or part of the Community features without prior notice.

Article 19. Disclaimers and Damages

1. The Company does not guarantee the completeness or continuity of the Service. 2. The Company shall not be liable for problems arising from communication environments. 3. The Company shall not be liable for disputes between Users or between a User and an Instructor. 4. The Company does not guarantee improvement in language ability, passing examinations, employment, or any other result through use of the Service. 5. The Company shall not provide refunds based on a User’s subjective dissatisfaction with the Service, Instructors, learning materials, or any other matter. 6. If damage arises due to reasons attributable to the Company, the Company shall compensate such damage up to the higher of the amount of one month’s most recent usage fee or JPY 10,000. However, this limitation shall not apply in cases of willful misconduct or gross negligence by the Company. 7. The Company shall not be liable for damages arising from any of the following: - unauthorized access by third parties; - interception or alteration during communication; - security incidents caused by the User’s environment; or - problems arising from systems of payment processing companies. 8. The Company shall not be liable for lost profits, indirect damages, special damages, incidental damages, or any damages other than ordinary and direct damages. 9. The Company does not guarantee conformity with the laws and regulations of the User’s country of residence, region of use, or any applicable jurisdiction, and Users shall use the Service at their own responsibility. 10. The Company does not guarantee the accuracy, learning outcomes, fitness for a particular purpose, or User satisfaction with respect to Lessons, Instructors, learning materials, video courses, the Community, or any other content. 11. The Company shall not be liable for damages arising from posts in the Community, interactions between Users, external links, or any other third-party information. 12. The Company shall not be liable for problems attributable to Discord or any other external service provider, including service failures, specification changes, or account suspension. 13. If use of the Service is suspended or the contract is terminated due to a violation of these Terms of Use or any other reason attributable to the User, the Company shall have no obligation to provide a refund. 14. The Company may use Users’ learning outcomes, testimonials, reviews, survey responses, and other information for marketing, public relations, statistical analysis, and other service-related purposes after processing such information so that individuals cannot be identified.

Article 20. Suspension of Use and Termination

The Company may suspend use of the Service or terminate the contract in any of the following cases:

- violation of these Terms of Use; - non-payment of fees; - the Company reasonably determines that the User falls under, or is involved with, anti-social forces; - false statements are discovered regarding tax information, country of residence, or other important information; or - the Company otherwise determines that the User’s use is inappropriate.

Article 21. Changes to These Terms of Use

1. The Company may change these Terms of Use. 2. The Company shall notify Users of the details of the changes and the effective date at least fourteen (14) days in advance by posting on the Company’s website, sending notice to registered email addresses, or by any other method. 3. If a User continues to use the Service after the changes take effect, the User shall be deemed to have agreed to the changed Terms of Use. 4. The Company may make changes immediately if such changes are made in response to laws and regulations, correction of typographical errors, minor wording revisions, or other changes that do not materially affect Users.

Article 22. Notices

1. Notices from the Company to Users shall be made by sending them to registered email addresses, displaying them on the Service, or by any other method deemed appropriate by the Company. 2. Notices under the preceding paragraph shall be deemed to have reached the User at the time they are sent by the Company or displayed on the Service.

Article 23. Payment Processing

1. Payments shall be made through payment processing companies such as Stripe. 2. The Company does not directly retain credit card information. 3. The Company will respond to payment-related issues within a reasonable scope, but shall not be liable for matters falling within the responsibility of payment processing companies.

Article 24. Chargebacks

1. If an improper payment cancellation is made, the Company may suspend use of the Service. 2. The User shall pay for any damage incurred by the Company.

Article 25. Exclusion of Anti-Social Forces

1. Users represent and warrant that neither they nor their related parties fall under anti-social forces. 2. If the Company reasonably determines that a User falls under anti-social forces, the Company may suspend use of the Service or terminate the contract without any prior demand or notice. 3. Even if the User suffers damage as a result of the preceding paragraph, the Company shall not be liable.

Article 26. Business Transfer, Etc.

1. If the Company transfers the business related to the Service to a third party, or conducts a company split or any other business succession, the Company may transfer to such third party its contractual status with Users, its rights and obligations under these Terms of Use, and User information. 2. Users shall be deemed to have consented in advance to the preceding paragraph.

Article 27. Governing Law and Jurisdiction

These Terms of Use shall be governed by the laws of Japan. The court having jurisdiction over the location of the Company shall have exclusive jurisdiction over any disputes arising from or in connection with these Terms of Use.

Article 28. Language

1. The Japanese version of these Terms of Use shall be the original and controlling version. 2. Even if a translated version of these Terms of Use is prepared, in the event of any conflict or discrepancy between the Japanese version and any translated version, the Japanese version shall prevail.