Terms of Service

Axcxept Inc. (hereinafter collectively referred to as "the Company") provides an online AI Japanese conversation service (hereinafter referred to as "the Service") on the "Nihongo Buddy" operated by the Company, and the applicants and users of the Service (hereinafter collectively referred to as "the User") shall be subject to the following terms and conditions (hereinafter referred to as "these Terms and Conditions") for the use of the Service.

The User must agree to these Terms of Use and the Privacy Policy (Personal Information Handling) separately established by the Company (hereinafter referred to as the "Privacy Policy"). The Company shall deem that the User has agreed to all of the provisions of these Terms of Use at the time when the User applies for registration for the Service.

Article 1 (Scope of these Terms of Use)

The scope of application of these Terms of Use shall include the websites and applications provided by the Company on the Internet (hereinafter referred to as "the Website"), as well as the information sent by the Company to the User via e-mail or other means provided by the Company.

The following general definitions shall be used in these Terms of Use.

The term "Conversation" shall mean the conversation with the AI tutor on the Internet provided by the Service.
The term "Tutor" shall mean the AI virtual Japanese conversation tutor provided by the Service.
The term "Designated Email Address" shall mean the e-mail address stated in the registration information entered by the User at the time of registration for the Service.

Article 2 (Application for Registration for the Service)

The User shall apply for registration for the Service by the method prescribed by the Company. The User must confirm and agree to the following matters when registering for the Service.

Paragraph 1

Confirm that the communication environment will not interfere with the use of the Service.
If the User is a minor, obtain the consent of the parental authority or legal representative.
The tutor providing the Japanese conversation service is a virtual tutor provided by the AI provided by the Company.
The User may receive e-mail notifications, advertisements, questionnaires, etc. regarding the Service.
The contents of inquiries from the User may be recorded, recorded, and stored for the purpose of improving the quality of customer support response.

Paragraph 2

The email address, password, and other information necessary for signing in or using the Service (hereinafter referred to as "Password, etc.") used by the User to register for the Service shall be available for use in the Service.

Paragraph 3

The User shall apply for registration for the Service by the method prescribed by the Company. If the User falls under any of the reasons set forth below, the Company may refuse the application for registration or cancel the registration even if the registration has been completed.

If the User is not real or is suspected to be not real.
If there is a suspicion that multiple accounts have been registered by the same person, or if they have actually been registered.
If false, incorrect, or missing information is provided at the time of registration.
If, at the time of application, the User is currently receiving or has received in the past a suspension of account, forced withdrawal, or non-acceptance of membership contract application due to violation of the membership rules, etc.
If the settlement information provided by the applicant as a means of settlement is treated as invalid by the settlement company.
If the User has failed to pay the fee in the past.
If the User is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of the guardian or legal representative at the time of registration.
In any other case where the Company deems the User to be unsuitable as a user of the Service.

Paragraph 4

The User must strictly manage the Password, etc. The Company may deem that the use of the Service is made by the User himself/herself when the Password, etc. entered at the time of signing in matches the registered one.

Paragraph 5

The User shall not allow any third party to use the Password, etc. The User shall not transfer, lend, or otherwise provide the Password, etc. to any third party.

Paragraph 6

If the User loses the Password, etc. or suspects that it has been used illegally by a third party, the User must promptly contact the Company and follow its instructions. The User shall be liable for any and all damages, etc. caused by the User's delay in such contact, etc.

Article 3 (Change of Registration Information)

If the User needs to change his/her registration information, the User shall promptly go through the procedure for changing the registration information by the method prescribed by the Company. The Company shall not be liable for any damages, etc. suffered by the User due to the User's delay in going through the procedure for changing the registration information.

Article 4 (Prohibited Acts)

The User shall not engage in any of the following acts when using the Service.

Paragraph 1

Transfer, use, buy, sell, change the name of, set a pledge on, or offer as security the right of the User to use the Service to a third party.
Transfer, lend, etc. the Password, etc. to a third party or allow a third party to use it.
Infringe on the honor, credibility, copyright, patent right, utility model right, design right, trademark right, or portrait right of the Company.
Illegal acts or acts contrary to public order and morals.
Acts that interfere with the operation of the Service.
Acts of using the Service for business activities, profit-making purposes, or their preparation.
Acts of soliciting or encouraging illegal acts to other users or tutors of the Service.
Acts that cause economic or mental damage or disadvantage to other users or tutors of the Service.
Criminal acts or acts that lead to criminal acts.
Harassment acts such as harassing the tutor or engaging in misconduct that interferes with the progress of the lesson.
Registering multiple accounts.
Analyzing the system of the Service, diverting it, or constructing and selling a similar mechanism.
Any other acts deemed inappropriate by the Company.

Paragraph 2

The judgment of whether or not an act falls under the prohibited acts set forth in the preceding paragraph shall be made at the discretion of the Company. The Company shall not be obligated to explain the reason for such judgment.

Article 5 (Penal Provisions)

The User shall not engage in any of the following acts when using the Service.

Paragraph 1

If the Company determines that the User has engaged in any of the prohibited acts set forth in Article 4, the Company may, without prior notice to the User and regardless of the status of the provision of the Service, suspend, interrupt, or stop the use of the Service or cancel the registration of the User.

Paragraph 2

If the User is subject to a disposition based on the preceding paragraph, the Company shall not refund any usage fees already paid by the User.

Paragraph 3

If a personal problem occurs between the tutor and the User during a lesson, the Company shall not be responsible for it in any way.

Paragraph 4

If the User causes damage to the Company or a third party due to an act that violates the preceding paragraph, the User shall bear all legal responsibility even after withdrawing from the Service and shall compensate the Company for any damage incurred by the Company.

Article 6 (Notification by E-mail)

Paragraph 1

When the Company sends important information about the Service, the Company may send an e-mail even if the User has set the User to reject all e-mail notifications from the Company.

Paragraph 2

Notifications made by e-mail shall be deemed to have been completed when they are sent to the Designated Email Address.

Paragraph 3

The User shall change various settings related to the Designated Email Address and allow the receipt of e-mails from the Company (domain name: nihongobuddy.com).

Paragraph 4

The Company shall not be liable for any failure of the User to receive e-mails from the Company due to defects or errors in the Designated Email Address or the User's failure to change the receiving settings. The User shall be liable for compensating for any and all damages, etc. caused by such non-delivery, and the User shall not hold the Company liable in any case.

Article 7 (Use of the Service)

Paragraph 1

When using the Service, the User must confirm and agree to the following matters. The User may use the Service after receiving a notice of acceptance from the Company by e-mail after the User's registration for the Service as set forth in Article 2, Paragraph 1 of these Terms of Use.

1. The Company may record necessary information such as the User's lesson contents in order to ensure or maintain the consistency of the Service.

2. In order to provide the Service smoothly, the Company may check the contents of lessons during the lessons.

Paragraph 2

After completing the registration, the User may start using the Service from the date (hereinafter referred to as the "Start Date of Use") on which the Company confirms the first payment of the usage fee set forth in Article 11 of these Terms of Use on the Company's system. However, this shall not apply to the free use set forth in Article 8.

Article 8 (Free Trial)

Paragraph 1

The Company provides the User with a free trial period. The trial period shall be the period designated by the Company.

Paragraph 2

The purpose of the trial period is to allow the User to understand the benefits of the Service and encourage the User to subscribe to the paid service.
Therefore, if the Service does not function properly on the device used by the User during the trial period, please cancel the plan and refrain from subscribing to the paid plan.

Paragraph 3

If the User does not withdraw from the Service after using the trial period, the User will automatically be transferred to a paid account.
If the User does not wish to continue using the Service, please cancel the plan from the account page.
If the User does not cancel the plan, the User will be charged for the paid plan.

Paragraph 4

The Company does not explicitly notify the User that the User has changed from the free plan to the paid plan and started using the Service.

Article 9 (Conversation with Tutors and Daily Time Limits)

Paragraph 1

Conversation time with each tutor is measured and can be used up to the daily limit for each contract plan.
If the User attempts to take a lesson across multiple days, a message will be displayed indicating that the User needs to exit, and the exit will be performed. If the User continues to take lessons, the time allocated after the date change will be consumed.
In addition to conversation, practice such as pronunciation will also consume time.

【Regarding time spent across days】
The division of "one day" shall be 0:00:00 - 23:59:59 in Japan time, and the number of hours available shall be allocated based on Japan time even if the Service is used from outside Japan.

*If the date and time of the device used are out of sync, the Service may not function properly. If the Service does not function properly, please check if the date and time of the device used are out of sync.
(If the previous day's consumption was consumed across days despite no time difference, please contact "np_info@axcxept.com". We will investigate the cause and reset the usage time if there is an obvious system malfunction.)

Paragraph 2

If the User engages in any of the prohibited acts set forth in Article 4 of these Terms of Use, or if the Company determines that the User has engaged in such acts, the Company may terminate the conversation.

Paragraph 3

In order to improve the quality of conversation, some conversations may be recorded or videotaped, and the User agrees in advance that the conversations the User takes may be recorded or videotaped by the Company.

Article 10 (Usage Fees and Payment Methods)

Paragraph 1

The User shall pay the Company the usage fee separately determined by the Company as consideration for the use of the Service. The User shall bear the consumption tax and other taxes incurred on the usage fee.

Paragraph 2

The User shall pay the usage fee for the Service to the Company by the payment method designated by the Company.

Paragraph 3

Unless the User cancels the plan as stipulated in Article 12 of these Terms of Use, the usage contract shall be automatically renewed under the same conditions for each contract period of the following plans (hereinafter referred to as the "Subscribed Plan") to which the User subscribes.

(1) Standard Plan: Contract period of 1 month

(2) Premium Plan: Contract period of 1 month

Paragraph 3

Unless the User cancels the plan as stipulated in Article 12 of these Terms of Use, the usage contract shall be automatically renewed under the same conditions every month from the date of subscription. *If the plan is changed, the change will be applied immediately as stated in Paragraph 5 of this Article.

Paragraph 4

The usage fee for the Service shall be paid for each contract period set forth in the preceding paragraph, and once paid by the User to the Company, the usage fee shall not be refunded for any reason. However, this shall not apply if the Service is not provided due to reasons attributable to the Company. If the User requests a refund, the User shall contact the Nihongo Buddy Support Center, and after careful investigation and consultation, if it is confirmed that the Service could not be used, the Company shall refund the fee in proportion to the period during which the Service could not be used.
In order to avoid the transition to a paid membership when the Service cannot be used properly due to reasons dependent on the device used, we provide a free trial period.
Please confirm that the functions you wish to use work properly on the device you will be using during the free trial period before transitioning to a paid membership.
If the Service cannot be used properly due to reasons dependent on the device after transitioning to the paid period, it will not be eligible for a refund.

Paragraph 5

As stated on the pricing page, if the plan is changed, the change will be applied immediately, and if there is a difference between the fee for the plan before the change and the fee for the plan after the change, the difference will be reflected in the next billing based on a prorated calculation in accordance with the specifications of Stripe's system for fee collection.

Paragraph 6

Even if the payment of the usage fee is not made properly due to system failure, payment failure, etc., the Company will bill the User for the usage fee at a later date if the User' withdrawal has not been completed. The billing for the unpaid fee will be automatically attempted to the registered or changed billing information. However, if the withdrawal process is completed before the billing for the unpaid fee, the billing will not be made.

Article 11 (Validity Period of the Service)

Paragraph 1

The period during which the Service can be used shall be the validity period corresponding to the Subscribed Plan, with the Start Date of Use set forth in Article 7, Paragraph 2 of these Terms of Use as the starting date.

Paragraph 2

The Service shall not be suspended during the period of use. However, this shall not apply in the case set forth in Article 5, Paragraph 1 of these Terms of Use.

Paragraph 3

The period of use shall be automatically renewed every month in accordance with the provisions of Article 10. The payment method shall be in accordance with the method set forth in Article 10.

Article 12 (Withdrawal)

Paragraph 1

The User shall apply for withdrawal by the method separately prescribed by the Company. If the application for withdrawal is made without any deficiencies, the User shall lose the right to use the Service at the time the withdrawal procedure is completed. The withdrawal procedure shall be deemed completed when the Company confirms the application for withdrawal and sends a notice of completion of the procedure to the User by e-mail or other means. To withdraw, please click the "Change Plan" button under the plan on the account page to obtain a link to Stripe's customer portal,
and cancel the plan from the customer portal.

Paragraph 2

The application for withdrawal can be made at any time. However, unless the application for withdrawal is made by the end of the contract period of the Subscribed Plan, the usage contract will be automatically renewed.
Even if the plan is cancelled in the middle of the month, no prorated calculation will be made.

Paragraph 3

The User shall lose all rights related to the Service at the time the withdrawal is completed, and shall not be able to make any claims against the Company.

Paragraph 4

If the User causes damage to the Company or a third party due to his/her own actions, etc. related to the Service, the User shall bear all legal responsibilities even after the withdrawal is completed.

Article 13 (Handling of Registration Information)

Paragraph 1

The Company shall use the User's registration information only for the purpose of providing the Service.

Paragraph 2

We will not disclose your registration information to third parties without your prior consent. However, this does not apply in the following cases:

When required by law, or when necessary to cooperate with national or local government agencies or their designated contractors in carrying out their legally mandated duties

When necessary to protect someone's life, body, or property, and it is difficult to obtain the consent of the individual

When taking necessary measures, including legal action, against violations of the Terms of Use

Paragraph 3

We will handle your registration information that qualifies as "personal information" in accordance with our Privacy Policy.

Article 14 (Interruption/Termination of Service)

Paragraph 1

We may interrupt or terminate the service by giving prior notice via a posting on the service or by sending an email to you. In addition, if it becomes difficult to provide the service due to domestic or international political situations, natural disasters, server failures, or other unavoidable circumstances, we may interrupt the service without prior notice.

Article 15 (Liability for Damages)

Paragraph 1

If you violate these Terms, we may claim compensation from you for any direct or indirect damages or losses caused by your violation.

Article 16 (Copyright and Ownership)

Paragraph 1

All trademarks, logos, text, content, etc. related to the service are the copyrighted property of our company. You may not use these trademarks, etc. beyond the purpose of using the service, such as reproducing them in magazines or other websites, modifying them, or duplicating them, without our prior explicit consent.

Paragraph 2

If you violate the preceding paragraph, we may take various measures against you based on the Copyright Act, Trademark Act, etc. (such as issuing warnings, filing criminal charges, claiming damages, seeking injunctions, or demanding measures to restore our reputation).

Article 17 (Disclaimer)

You agree in advance that we shall not be liable for any damages arising from or related to the matters set forth in each of the following items:

When you are not satisfied with the use of the service
When there is a shortage of available conversations due to a rapid increase in the number of users
When conversations must be stopped due to power outages or communication failures in the country where the service is delivered
Damages from double payments when using Stripe, our payment processing contractor
When caused by unauthorized access to or tampering of your messages or data, or other actions by third parties
The learning effectiveness, validity, accuracy, or truthfulness of the lessons provided by the service
The effectiveness, validity, safety, or accuracy of services or materials from other companies that we introduce or recommend in connection with the service
When damage such as a virus infection occurs due to files received or opened at your own risk during a lesson
When you are unable to use the service due to the loss of or inability to use your password, etc. as a result of your own negligence
The completeness, accuracy, timeliness, or safety of all information, linked destinations, etc. provided by the service
The contents of or use of websites operated by third parties other than us that link to or from the service
When the service does not function properly due to device-dependent causes
When the service does not function properly due to issues with the linked AI platform
When beta features do not function properly. Please note that beta features are functions under development and are an additional undertaking on top of the basic features. Depending on the balance with operating costs, they may be stopped or treated as optional without notice.

Article 18 (Changes to These Terms)

We may change these Terms without any notice to you. The revised Terms shall take effect at the time they are posted on the service or at the time we send you the information via email, and you agree in advance to this method of modification.

Article 19 (Governing Law and Exclusive Jurisdiction)

These Terms shall be interpreted in accordance with the laws of Japan. You agree in advance that the courts in Sapporo City shall have exclusive jurisdiction in the first instance over the resolution of any disputes between you and us arising from or related to the service or these Terms. However,