Terms of Use
AirCourse Terms of Use

Article 1 Definition

The definition of the terminologies in these terms will be as follows.

“Member” means corporation, organization, union, or individual who submitted application or the use of the Service by following the procedures prescribed by the company, by agreeing to these terms.

“Operational administrator” means an administrator setup by a member, who performs contractual procedures relating to each the Service and other procedures with the company in AirCourse, who also has the authority to permit access and use of this the Service to a user.

“User” means, regardless of fee-based or free-of-charge, a person specified by operational administrator who is authorized to access and use the Service.

Article 2 Purpose

These terms stipulate the terms of use concerning the use of “AirCourse” (hereinafter, “the Service”, website of the Service, hereinafter, “Website”) operated by KIYO Learning Co., Ltd. (hereinafter, “Company” or “we” or “us”). A member will use the Service by adhering to these terms.

Article 3 Formation of Agreement

1. The usage agreement of the Service (hereinafter, “Agreement”) is formed when a person who wishes to use the Service submits his/her application by agreeing to the contents of these terms and registering his/her member information by submitting order form (hereinafter, “Order Form”) specified by us (hereinafter, “Order Form Application), or by method specified by us on the Website (hereinafter, “Web Application”), and at the time when we accept such applications. In addition, a member will engage in application/purchase of the Service by agreeing to these terms.
2. A member may use the Service from the date in which we have accepted the application in the preceding paragraph (hereinafter, “Formation Date of Agreement”), or from the date in which separate agreement was formed between us and a member.
3. Consent of legal representative is required if a minor wishes to use the Service. If a minor becomes a member, legal representative will be deemed to have agreed to the use of the Service and contents of these terms.
4. In the case where a specific department of a corporation submits the application for agreement, the Agreement will be formed between us and such corporation and that such corporation will have the rights and obligations under the Agreement.

Article 4 Member

1. A customer (hereinafter, “Customer” or “you”) will obtain a qualifications for membership through the process of customer registering his/her email address and other information required by us, and upon formation of the Agreement between us and Customer pursuant to the preceding paragraph. You will either use organization ID, registered email address or login ID as your login ID for the Service.
2. Once you obtain the qualifications for membership, you will be able to use lectures offered by us and the Service. Furthermore, a person who uses the Service for free-of-charge (hereinafter, “Free Member”) will be able to use the Service within the scope designated by us, and we will not be liable in any way against Free Member concerning provisions of the Service obligations and other obligations to be assumed by us that are stipulated in these terms.
3. A member will be responsible for the proper management of a user and will by jointly liable with a user if a user breaches these terms. If a user breaches these terms, we may deem such breach to have been committed by a member. If a user commits act that conflicts with these terms and laws and regulations in the Service and inflicts damage on us or third party, a member and a user will jointly compensate for such damage.

Article 5 Management of Member Information

1. A member guarantees that his/her member information such as email address, etc. are true and accurate information. If changes are made in a member information such as email address, etc., a member must promptly change a member information in the Service by himself/herself or request change to us in writing via email, etc. If a member did not receive email due to wrong email address and as a result a member is unable to use the Service and other disadvantage occurs to a member, we will not be liable in any way for such circumstances.
2. A member will also be responsible for the entire management and use of organization ID, registered email address, login ID and password (hereinafter, “Member ID, etc.”).
3. Member ID, etc. may only be used by a member or a user. A member may not transfer, sell, lend or engage in other disposition, and such disposition will not have any effect against the Company.
4. The Company is only obliged to confirm the identity of a member and his/her access authorization to the extent of collating Member ID, etc., and will not be obliged to confirm the identity of a member via other means/method.
5. We assume no liability for any damage arising from third party’s usage of Member ID, etc., usage, transfer, buying/selling, lease, etc. through means other than those designated by us.
6. In the case of loss or theft of Member ID, etc. or if it has been identified that third party was using Member ID, etc., a member will immediately submit notice to us to such effect and follow our instructions.
7. We may use a member information (email address, etc.) for various information notice sent to Customer, including notice of temporary suspension of provisions of services.

Article 6 Explanation of the Service

1. We make efforts to maintain accuracy as much as possible when we explain the Service to customer. However, we do not guarantee that the Service, the Website or other contents is accurate, complete, commercially useful, reliable, latest, or free of error.
2. We do not guarantee that all contents (hereinafter, “Contents”) such as information disclosed on the Website, products, sample version, and downloadable books offered by the Service can be viewed/browsed at all times and that we may delete, change, etc. the Contents at any given time, and we will not be liable in any way for any damage incurred by a member due to such deletion, change, etc.

Article 7 Usage Fee

1. When a member submits application by using Order Form, he/she must pay the usage fee specified in Order Form to us by the method and payment due date specified in Order Form, and when (ii) a member submits application by using Web application, he/she must pay the usage fee specified in the Website to us by the method and payment due date specified in the Website. Please note that money transfer fee and other fees related to payment will be borne by a member.
2. If we change the usage fee, we will send a prior notice to a member about such change through a method separately established by us, and if the Agreement is being renewed pursuant to paragraph 2 of Article 20, usage fee subsequent to such change will be applied. Please note in advance that even if the usage fee has been changed, we will not offer any refund to a member for any difference between usage fee at the time of purchase of products/services and following the purchase of such items, and we will not ask a member for such refund as well.
3. If a member delays the payment of the usage fee, a member will pay the late penalties at the annual rate of 14.6% to the Company.

Article 8 Exchange, Cancellation, Return and Refund

1. Please note in advance that due to the nature of the product, no cancellation, return, or refund will be made for the Service, except in the case stipulated in this Article.
2. If you are unable to download or use the product due to reasons not attributable to you and we are unable to fix or respond to such problem, you may cancel the Agreement and ask for refund only in the case of sending us notice in writing or email within 8 days after the formation of the Agreement. If there are any physical products or catalogue, etc. accompanying products and services, please send all of them to the Company. We will make refund after we receive such items.
3. The scope of our responsibility for any defect relating to the Service will be limited to those stipulated in this Article. We will not be liable in any way for other damages (lost profit and lost opportunity) including compensation liability.

Article 9 Copyright/Intellectual Property Right

1. You understand that the Company owns all copyrights of the Contents and that such Contents are protected under Copyright Law. You also understand that the Company owns patent right, utility model right, portrait right, business credibility pertaining to invention, plan, design, trademark, know-how, idea, etc. included in the Contents and other intellectual property rights or business profit (Contents and copyrights hereinafter, collectively “Intellectual Property Rights, etc.”).
2. A member and a user may use the Contents only for himself/herself. A member and a user are strictly prohibited from using the Contents beyond the scope of usage allowed for himself/herself, regardless of form of usage, including, duplicating/changing the Contents without permission, sales, transfer, redistribution, lending, public transmission, etc.
3. If a member or a user is in violation of Copyright law, etc., or infringes Intellectual Property Rights, etc. belonging to the Company stipulated in paragraph 1 of this Article, we may cancel his/her membership registration at our sole discretion, and a member and a user will assume legal responsibility to the Company (including being subject to injunction, compensation for damage, and criminal penalties), and he/she will be liable to compensate for all damages incurred by the Company due to such violation or damage.

Article 10 Prohibition of Transfer

Without our prior written approval, a member may not assign, transfer, establish collateral and engage in other disposition to third party concerning status under the Agreement or rights and obligations under these terms.

Article 11 Withdrawal

A member may withdraw from the Service with a prior notice by following the method specified by the Company. However, we will not be obliged to provide refund for already paid portion, and a member will not be exempt from the payment obligation for the entire usage fee that has already taken place due to the execution or renewal of the Agreement.

Article 12 Infringement of Rights Concerning Products/the Services

1. We will only provide the Contents pursuant to laws and regulations enforced at the time of writing/production, and we will not be obliged to always provide latest information by responding to subsequent amendment. Although we will make reasonable efforts to make sure the Contents will not infringe the Intellectual Property Rights, etc. of third party and other rights, we will not guarantee that the Contents are always conforming to latest laws and regulations, or to not infringe the Intellectual Property Rights, etc. of third party and other rights.
2. Contrary to the preceding paragraph, in the case where the Contents includes error in obvious violation of established interpretation of laws and regulations enforced at the time of writing/production, or infringes Intellectual Property Rights, etc. of third party and other rights, we will provide the Contents free of such obvious error or infringement. The scope of our responsibility relating to the description of the Contents will be limited to those stipulated in this Article. We will not be liable in any way for other damages (lost profit and lost opportunity) including compensation liability.

Article 13 Suspension of Provisions of the Service

If any of the following situation occurs, we may temporarily suspend all or part of the Service. In such case, we will make efforts to send a prior notice to a member via email, etc. to the best of our ability. However, in case of emergency, we may temporarily suspend all or part of the Service without a prior notice to a member.

1) If carrying out periodic or emergency maintenance of system relating to the Service.
2) If unable to provide the Service due to natural disasters such as earthquake, fire, tsunami, flood, leakage, power outage, etc., or interference by third party, etc.
3) If services provided by business operator necessary for the provisions of the Service such as server company or settlement system company is suspended due to interference, maintenance, etc.
4) Other reasons where the Company deems necessary to temporarily suspend the Service.

Article 14 Prohibited Matters of Member

A member or a user may not engage in the following acts when using the Website and the Service. Also note that a member has a responsibility to cause a user to comply with this Article.

1) Infringing the copyright, Intellectual Property Rights, etc. of the Company or other member of the Service or other third party.

2) Slandering, damaging the property/credibility/reputation of the Company or other member of the Service or other third party.

3) Recuring, slandering, damaging property/credibility/reputation, infringing privacy/portrait right and other rights of other member and other third party relating to the Service.

4) Changing or reverse engineering the program or data base of the Website and the Service.

5) Accessing the Website from devices such as personal computer, smartphone, tablet, etc. that are infected with computer virus and other harmful program.

6) Fraudulent use of Member ID, etc. of other member

7) In violation of laws and regulations or public order, or such potential.

8) Criminal act or promoting/instigating such act

9) Damaging the Company or user of the Service, or obstructing operation/business of the Company or other company

10) Other acts deemed improper by the Company

Article 15 Exclusion of Antisocial Forces

1. If a member or the Company identifies that the other party or other party’s agent relating to the execution of the Agreement or a person who mediated the execution of the Agreement is antisocial forces(it refers to criminal organization, a member of criminal organization, affiliated member of criminal organization, enterprise affiliated with criminal organization, trouble maker at shareholder’s meeting, fraudulent person posing as social activists, organized crime syndicate and other violent force or organization or individual reaping economic profit through fraudulent means, the same shall apply hereinafter.), a member or the Company may, without any requisition, immediately cancel the Agreement towards the future with a written notice to the other party.
2. If the other party engage in the act that falls under any of the following items through itself or third party, a member or the Company may, without any requisition, immediately cancel the Agreement towards the future with a written notice to the other party.

1)Making violent demand.

2)Making violent demand going beyond legal limits.

3)Using threatening words/behavior or using violence when conducting transactions.

4)Spreading false rumor or damaging the other party’s credibility through fraud or force or obstructing the other party’s business.

5)Other acts equivalent to the above items.

3. If it has been identified that the other party, party who executed agreement relating to the Agreement (hereinafter, “Related Agreement”) or an agent of party to the Related Agreement who executed the Related Agreement or a person who mediated the execution of the Related Agreement is antisocial forces, a member or the Company may cancel such Related Agreement against the other party or require the other party to take other necessary measures.
4. Although the other party was asked to take necessary measures pursuant to the preceding paragraph and yet refusing to comply with such request without legitimate grounds, a member or the Company may, without any requisition, immediately cancel the Agreement towards the future with a written notice to the other party.
5. Except in the case stipulated in the above paragraphs, if it has been identified that the other party’s director, auditor, employee and other member is antisocial forces, or if the other party is networking or involved with antisocial forces in any way such as sustaining antisocial forces by providing funds and other means, cooperating or involved with their operation or management, etc., a member or the Company may immediately cancel the Agreement towards the future with a written notice to the other party.
6. The party that cancelled the Agreement or individual agreement pursuant to this Article will not be liable for any damages incurred by the other party due to such cancellation.

Article 16 Qualifications for Membership.

If a member falls under any of the following items, we may, without any prior notice, immediately cancel qualifications for membership, cancel agreement, suspend the provisions of the service, and take other necessary measures against such member. In such case, no refund will be made for already paid portion.

1)If a member or a user engages in act that falls under “Prohibition Matters of Member” stipulated in Article 14.

2)In addition to the preceding item, if a member or a user engages in act in breach of these terms.

3)If we identify that a false matter was written upon submission of application for a member registration or change of a member information.

4)If fee payment is overdue or delayed.

5)If you do not use the Service for more than 90 days and the Company is unable to keep in contact with you.

Article 17 Disclaimer

1. Regardless of the circumstances, we will not be liable for any damage arising from reasons not attributable to us, damage arising from extraordinary circumstance regardless of whether we may or may not have foreseen or whether a member has contacted the Company, indirect damage, accidental damage, loss of data, and loss of profit.
2. A member must create a backup and store information sent or registered on the Website at its own responsibility, and we will not make any guarantee concerning storing of such information in the Website. If information sent or registered on the Website by a member is a pornographic/violent material, or other materials deemed inappropriate by us, or if file capacity is excessive and may cause operational problems in the system, we may ask a member to delete such information, and if a member does not voluntarily delete such information, we may delete it at our own discretion.
3. Preparation and maintenance of computer, smartphone, software and other device, telecommunications and other telecommunication environment, etc. required to receive the provisions of the Service must be made at a member’s expense and responsibility, and if a member installs our products/services in a member’s computer, smartphone, etc. and as a result information held by a member is extinguished or changed, or device is broken/damaged, etc., we will not be liable in any way concerning such problems.
4. Any transaction, contact, dispute related to the Service or the Website between a member, a user, and other third party shall be settled and resolved at a member’s own responsibility, and we will not be liable in any way concerning such matters.
5. We disclaim any and all guarantees concerning condition, display speed, possibility of access, usage condition, no interruption of the Website and provisions of the Service, and other items not expressly stipulated in these terms.
6. If we are liable for damage by reason of not performing the obligations pursuant these terms, unlawful or unreasonable act by us or some form of other act committed by us inflicting damage on a member due to reasons attributable to us, the total amount of the usage fee of the Service actually received by us over the past year traced back to the time in which such damage has occurred will be the upper limit for the compensation for such damage. However, if we cause damage to Free Member due to reasons attributable to us, we will not be liable in any way to Free Member for such damage.

Article 18 Liability of Member, etc.

1. If a member inflicts damage on the Company due to breach of these terms or relating to the use of the Service, a member must compensate the Company for such damage.
2. If a member receives complaint from other member, a user or other third party relating to the Service or if dispute arises between such parties, a member must settle such complaint and dispute at its own cost and responsibility.
3. If some form of claim was made against the Company by other member, a user, and other third party due to infringement of rights and other reasons relating to a member’s use of the Service, a member must compensate for the amount that we paid to such third party based on such claim.

Article 19 Abolition of Provisions of Service

We may close the Website or abolish all or part of the provisions of the Service based on reasonable grounds. In such case, we will notify a member via document or email 6 months prior to the date of abolition.

Article 20 Term of Validity

1. The Agreement will become effective upon formation of the Agreement pursuant to Article 3 pertaining to a member, and it will remain effective until (i) expiration date of usage period stipulated in this application form in case of submitting application in writing, and (ii) expiration date of usage period selected by a member among period stipulated in the Website in case of online application.
2. Unless the Company or a member refuses renewal or requests for change in the terms of agreement, etc. by the period as stipulated below, the Agreement will automatically renew with the same terms and conditions (however, if usage fee is changed pursuant to paragraph 2 of Article 7, then the usage fee will be the amount following such change), and the same will apply for subsequent procedures.

1)In the case of yearly agreement：Thirty days prior to the expiration date of the usage period

2)In the case of monthly agreement：Expiration date of the usage period

Article 21 Confidentiality

1. “Confidential Information” stipulated in these terms means any and all information being provided, disclosed to a member or learned by a member via document, oral or recording media, etc. relating to the Agreement or the Service pertaining to technology, business, operation, finance, organization and other matters of the Company. However, (1)Information already known to the public or learned by a member at the time such information is provided or disclosed by the Company or learned by a member, (2)Information that was published or became known to the public due to reasons not attributable to own self, after such information was provided or disclosed by the Company or learned by a member, (3)Information legally obtained by a member from third party who has authority to provide and disclose information without being bound by confidentially obligations,(4)Information developed independently by a member unrelated to confidential information, (5)Information confirmed by the Company in writing that confidentiality obligations are not required will be excluded from confidential information.
2. A member may only use confidential information for the usage purpose of the Service, and may not provide, disclose, or leak our confidential information to third party without our written approval.
3. Notwithstanding the provisions of paragraph 2, a member may disclose confidential information based on order, demand, request of law, court or governmental organization. However, if order, demand or request is being made, a member must promptly notify us about such circumstance.
4. If a member decides to use document containing confidential information or duplicate electromagnetic recording media, etc., a member must obtain a prior written approval of the Company and must strictly manage such duplication pursuant to paragraph 2.
5. If requested by the Company, a member must, at all times without delay, return or discard confidential information and document stating and containing confidential information, and other recording media and all of its duplications, by following our instructions.

Article 22 Governing Law, Jurisdictional Court

These terms shall be governed by the laws of Japan, and any dispute between you and the Company in connection with these terms will be settled at the Tokyo District Court as exclusive agreement jurisdictional court of the first hearing.

Article 23 Amendment of Terms

1. We may amend these terms without sending a prior written notice to a member.
2. If we amend these terms, we will notify the effectuation date of the contents and change of such revision on the Website by the date of effect of such revision through our prescribed method. If you use the Service after the date of effect that has been notified by us, you will be deemed to have agreed to such revision.

[July 21, 2017 Enactment]

[April 11, 2018 Revision]

[August 26, 2020 Revision]