TerraTalk Terms of Use

          
          
Article 1 Terms of Use
The Terms of Use sets forth the basic terms and conditions for the use of the services provided through the English learning application TerraTalk (hereinafter referred to as “Services”) run by Joyz Inc. (hereinafter referred to as “Company). 

Article 2 Application of the Terms of Use
1. The TerraTalk Terms of Use (hereinafter referred to as “Terms of Use”) shall be applied to all users of the Services (hereinafter referred to as the “User(s)”), and Users shall agree to the Terms of Use before using the Services.
2. The Help, User Guide, and Points to Note in relation to the use of the Services shall constitute a part of the Terms of Use. 
3. The Company shall regard that a User has agreed to the Terms of Use when the User installs the TerraTalk application software or uses the Services. 
4. The Terms of Use shall be applied to Users of updated versions of the Services.

Article 3 Notification Method
1.  The Company shall notify Users by e-mail, posting the details of the notification on the Services, in writing, or by any other methods the Company deems appropriate. 
2.  In the event that the Company notifies Users by sending an e-mail or posting the details on the Services in accordance with the provisions of the preceding paragraph, such notification to Users shall take effect at the time when the e-mail was sent or the notification was posted on the Services.

Article 4 Prior Approval to the Changes in the Contents of the Services
The User shall be deemed to have approved in advance that if all or part of the Services becomes a paid service, the User may not be able to use all or part of the Services unless the User applies for the fee-based service provided by the Company on the Services (hereinafter referred to as “Fee-based Services”). 

Article 5 Membership Registration
1.  Of the Services, if the User intends to become a registered member (hereinafter referred to as “Member”), the User may register as a Member by registering the prescribed information in accordance with the procedure designated by the Company (hereinafter referred to as “Membership Registration”) and acquire an ID and password (hereinafter referred to as “User Account”), which are required for the use of the services provided by the Company exclusively to Members (hereinafter referred to as “Member Services”). 
2.  Membership Registration shall be complete when the Company approves the registration, and when the Membership Registration is complete, the Company shall grant a User Account to the User.
3.  The User shall be responsible for the contents of the information entered or provided when registering as a Member (hereinafter referred to as “Registered Information”).
4.  The Company may not provide the Member Services in the event that the Company determines it inappropriate to provide such services, such as when the Registered Information is incorrect.

Article 6 Management of the ID and Password
1.  The Member shall be responsible for managing the User Account.
2.  The User Account issued by the Company may only be used by the particular Member who has been issued the relevant User Account, and the User Account may not be transferred or lent to a third party.
3.  The Member shall agree to be responsible to the Company for all activities and actions arising on the registered User Account.
4.  The Member is requested to promptly notify the Company when there may have been unauthorized use of the User Account.

Article 7 Application for Fee-based Services and Use Fee
1.  When a Member intends to use Fee-based Services, the Member shall first understand and acknowledge the structure and contents of the Fee-based Services, and then apply to use such services by registering the information specified by the Company using the application form designated by the Company.
2.  The individual agreement for the Fee-based Services shall come to effect when the Member has applied in the preceding paragraph and the Company has indicated its approval of the application. 
3.  The Member shall pay the amount specified separately by the Company (hereinafter referred to as “Use Fee”) in accordance with the method specified by the Company as a consideration for the use of the Fee-based Services.
4.  The Member may use the Fee-based Services from the day the Company determines that the payment of the Use Fee is complete (hereinafter referred to as “Starting Date of Use”). However, even when the Starting Date of Use for a Member is delayed in relation to the confirmation of the Use Fee payment by the Company, the Company shall not be obligated to provide a refund, extension of the use period, or any other compensation, and the Member shall acknowledge this in advance.
5.  In the event the Services are discontinued, the Member shall be obligated to pay the full amount of the Use Fee for the Fee-based Services by the time the Services end. 

Article 8 Withdrawal
1.  If a Member intends to withdraw its membership, the Member shall perform the withdrawal procedure designated by the Company.
2.  In the event that a Member terminates its membership in accordance with the preceding paragraph, the Company may delete the information registered or used for the Member Services at its own discretion, and the Member may not raise any objection to it.
3.  In the event a Member corresponds to any of the items below, the Company shall force the User to withdraw its membership based on the Company’s decision. 
(i) When the Member has used Fee-based Services but had not paid the Use Fee by the specified date
(ii)    When it has been revealed that the Member did not perform the Membership Registration in a way designated by the Company
(iii)   Cases otherwise deemed inappropriate by the Company
4.  In the event the Member has liabilities or obligations to the Company, such as an unsettled Use Fee for Fee-based Services, the Member shall remain responsible such even after the withdrawal. 

Article 9 Use of the Services
1.  The User shall, at its own cost and responsibility, prepare the communication environment required for the use of the Services, such as the communication devices and equipment. In addition, the User shall bear the communication expense and other expenses required for the use of the Services.
2.  The User acknowledges that in relation to the language learning provided by the Services, the artificial intelligence system of the Services may store the contents of the User’s conversations, and when using the Services, the User shall try to avoid conversations including personal information (name, address, telephone number, e-mail address, date of birth, name of the User’s affiliated company/organization, job title, account number at a financial institution, credit card number or other information that can be used to identify a specific person either individually or in combination of two or more) during the language learning through the Services. 
3.  In the event the artificial intelligence system acquires personal information as a result of a violation of the preceding paragraph by the User, the Privacy Policy separately prescribed by the Company shall not be applied. 

Article 10 Prohibited Acts by User
1.  The User may not engage in the following acts when using the Services.
(i) Using the Services for a fraudulent purpose
(ii)    Infringing on an intellectual property right, portrait right, publicity right, or other rights
(iii)   Invading privacy
(iv)    Slander, defamation, or otherwise hindering another’s businesses
(v) Acts that could lead to fraud or other crime
(vi)    Unauthorized operation of the Company’s or another person’s computer, such as an act in violation of the Act on Prohibition of Unauthorized Computer Access or an act defined in the Obstruction of Business by Damaging a Computer (Penal Code, Article 234-2) 
(vii)   Transmitting, providing or recommending harmful programs, etc., such as a computer virus
(viii)  Other criminal acts or acts in violation of laws and regulations
(ix)    Altering or deleting information of the Company, User, or other third party
(x) Unauthorized use of facilities and hindering the operations of the Company, User, or other third party
(xi)    Sales of any kinds using the status as a User without the Company’s approval
(xii)   Violations of the laws and regulations, Terms of Use or the public order and morality
(xiii)  Hindering the operation of the Services or damaging the reputation of the Company
(xiv)   Other acts the Company deems inappropriate
2.  In the event that the Company suffers any damage due to the violation of the Terms of Use by the User, the Company may claim compensation for damage against the User. 
3.  In the event that the Company reasonably determines that the User was engaged in an act described in paragraph 1, the Company may terminate the provision of the Services without prior notice. 

Article 11 Termination of the Eligibility
1.  In the event the Company determines that the User has violated the Terms of Use, the Company may take measures that it deems appropriate without prior notice to the User, such as temporary suspension of all or part of the Services to the User, prohibition of current and future use, and prohibition of Member Registration. 
2.  The Company may terminate the qualification as a Member when the Member has not used the Services for a certain period of time or when the Company deems it necessary. 

Article 12 Outsourcing
The Company may outsource all or part of its operations as necessary, such as system management or credit settlement.

Article 13 Changes to or Discontinuation of the Services
The Company may take necessary measures without prior notice against the User in order to operate the Services in an appropriate manner, such as changing the contents or specifications of the Services and terminating or discontinuing the provision of the Services. The Company shall not be responsible for any damage or disadvantage suffered by the User due to such changes, termination, or discontinuation.

Article 14 Intellectual Property Rights
1.  The User agrees that, in relation to the Services, all intellectual property rights and the interests therein related to the contents provided by the Company belong to the Company.
2.  The User confirms that the copyrights and other intellectual property rights of the Services and of the products and systems arising in relation to the Services belong to the Company or the third party which has granted a license to the Company, and the User shall not engage in any acts of use, such as reprinting, reproduction, transmission, translation/adaptation, or alteration/addition for any purpose whatsoever. 
3.  In the event a dispute arises due to a violation of the preceding paragraph by the User, the User shall, at its own cost and responsibility, resolve such dispute, and shall not cause any damage whatsoever to the Company or a third party. 

Article 15 No Warranties
The Company shall make no warranties regarding the following items.
(i) No malfunction or failure will occur to the User’s smartphone or other property resulting from the use of the Services
(ii)    Accuracy and completeness of the information, etc., provided by the Services
(iii)   The contents do not infringe on a third party’s rights
(iv)    The Services will be provided indefinitely
(v) The reliability, benefits, etc. of the Services are guaranteed
(vi)    The use of the Services will satisfy the requirements of the User
(vii)   No interruption or error will occur during the use of the Services
(viii)  The information, etc. obtained through the Services will satisfy the User’s expectations

Article 16 Disclaimer
1.  The Company shall not be involved in nor take responsibility for the usage environment of the User’s smartphone, tablet devices, or computers. 
2.  The Company shall not be obligated to change or alter the Services even if the devices, facilities, or software the User uses are unsuitable for the use of the Services.
3.  The Company shall take no responsibility for any damage caused by a change to the contents, suspension, or discontinuation of the Services.
4.  The Company shall take no responsibility for any errors in the browsing of the Services due to an unexpected cause.
5.  The Company shall not be obligated to check or store the contents of the language learning provided by the Services.
6.  The Company shall take no responsibility for the reliability and accuracy of the language learning provided by the Services.
7.  The Company shall take no responsibility for the matters related to the companies performing advertising and payment settlement.
8.  The Company shall take no responsibility for the legality, morality, reliability, or accuracy of the websites linked to each page of the Services.
9.  The Company shall not be obligated to provide updated versions of the Services or support in relation to the Services.
10. The Company shall take no responsibility for any damage resulting from a decrease in the display speed or errors caused by excessive traffic or other unexpected causes. 
11. The Company shall take no responsibility for any damage suffered by the User due to the fact that the User was no longer able to use the Services, regardless of the reason.
12. The Company shall take no responsibility for damage suffered as a result of the theft of the User Account by a third party. 

Article 17 Discontinuation of the Services, etc.
1.  In the event a matter that corresponds to any of the items below occurs to the User, the Company may, without prior notice to the User, immediately discontinue or restrict the use of the Services, or invalidate the eligibility of the member. 
(i) Seizure, provisional seizure, provisional disposition, disposition for tax delinquency, or other disposition has been ordered by a public authority; reorganization proceedings or civil rehabilitation proceedings have been commenced; a bankruptcy or auction has been filed; the User has filed for the commencement of reorganization proceedings, civil rehabilitation proceedings or bankruptcy; or such has been filed against the User by a third party 
(ii)    A resolution has been reached on a capital reduction, abolition or change of the business, or dissolution
(iii)   A disposition for the delinquency of taxes and public dues has been ordered
(iv)    The Company determines that the use of the Services by the User is likely to cause damage to the Company or a third party, such as spreading a computer viruses or mass mailing of email. 
(v) The Company becomes unable to contact the User by e-mail 
(vi)    Violation of the Terms of Use
(vii)   Otherwise deemed necessary by the Company
2.  In relation to the measures in the preceding paragraph, the Company shall undertake no responsibility to the User or other third party.

Article 18 Compensation for damage
1.  The Company may claim compensation for damage against the User in the event the Company has suffered damage for a reason attributable to the User during the provision of the Services.
2.  The Company shall not be obligated to compensate for any damage arising due to the use of the Services.
3.  The Company shall take no responsibility for the opportunity loss, suspension of operations, or any other damage (including indirect damage and lost profits) suffered by the User or other third party, even if the possibility of such damage was notified in advance.
 
Article 19 Changes to the Terms of Use
The Company may revise the terms of use, etc., from time to time. After a revision to the terms of use, etc., the revised terms shall be applied. The relevant revision shall be deemed to become effective when the Company notifies the User as set forth in the Terms of Use.

Article 20 Terms of Use
Even if a part of the provisions set forth in the Terms of Use have been determined to be invalid, it will not affect the validity of the other provisions, and they will remain in force and effect.

Article 21 Governing Law
The Terms of Use shall be governed by the Laws of Japan.

Article 22 Jurisdiction
Regarding any dispute arising between the Company and the User in relation to the Terms of Use, the court having jurisdiction over the location of the Company shall be agreed to be the court of jurisdiction in the first instance.

Date: 18 February 2016

          
          

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