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Ho-Me-I-Ku E-Learning Terms of Service

(International Version)

Article 1 (Scope and Language)

  1. These Terms of Service (“Terms”) set forth the conditions governing the use of the e-learning program “Ho-Me-I-Ku E-Learning” (“Service”) provided by Spiral Up Co., Ltd., a corporation incorporated under the laws of Japan (“Company”).
  2. By registering for or using the Service, the user agrees to be bound by these Terms.
  3. All procedures, notices, time calculations, and deadlines under these Terms shall be based exclusively on Japan Standard Time (JST).
  4. In the event of any discrepancy between the Japanese and English versions of these Terms, the Japanese version shall prevail.

Article 2 (Service Description and User Environment)

  1. The Service is an online learning program providing video streaming and related educational materials via the Internet.
  2. The Service utilizes the Learning Management System “LearnO.”
  3. Users shall, at their own responsibility and expense, prepare and maintain the necessary devices, communication environment, and Internet access required to use the Service.
  4. The Company does not guarantee the availability of the Service in all countries or regions.

Article 3 (Fees, Currency, and Taxes)

  1. Service fees shall be as displayed on the Company’s website.
  2. Payments shall be made exclusively via PayPal.
  3. The displayed currency shall be as designated by the Company (e.g., JPY or USD).
  4. Due to exchange rate fluctuations, the actual charged amount may differ from the displayed price. Any exchange rate differences, payment processing fees, remittance fees, and related financial charges shall be borne by the user.
  5. Any applicable taxes, including but not limited to VAT, GST, sales tax, or other similar taxes imposed by the user’s jurisdiction, shall be borne by the user.
  6. The Service period (validity of access rights) shall be as specified at the time of application.

Article 4 (Digital Content and Refund Policy)

  1. The Service constitutes digital content delivered electronically.
  2. Once the user account has been issued or access to digital content has commenced, no refunds shall be provided.
  3. Notwithstanding the foregoing, this shall not apply where a refund obligation arises under applicable mandatory law.

Article 5 (Intellectual Property Rights)

  1. All copyrights and intellectual property rights relating to the Service, including videos, audio materials, texts, images, and downloadable resources, shall belong exclusively to the Company.
  2. Users shall not, except for personal learning purposes, reproduce, record, distribute, translate, resell, publicly transmit, or otherwise exploit the content.
  3. In case of violation of this Article, the Company may take legal action.

Article 6 (Prohibited Conduct)

Users shall not engage in the following:

  1. Transferring or sharing login credentials with third parties
  2. Unauthorized recording, copying, or downloading of content
  3. Unauthorized access to system infrastructure
  4. Infringing upon the rights of the Company or third parties
  5. Accessing the Service from sanctioned countries or regions
  6. Any other conduct deemed inappropriate by the Company

Article 7 (Suspension and Termination)

The Company may suspend or terminate a user’s account without prior notice if the user violates these Terms.

In such cases, no refund shall be provided.

Article 8 (Disclaimer and Limitation of Liability)

  1. The Company does not guarantee specific results from use of the Service (including but not limited to revenue increase or improvement in employee retention).
  2. The Service may be temporarily unavailable due to system failures, communication disruptions, or third-party service interruptions.
  3. The Company’s total liability for damages arising from the Service shall be limited to the total fees paid by the user to the Company during the preceding six (6) months.
  4. The Company shall not be liable for indirect, incidental, special, consequential, or lost profit damages.

Article 9 (Modification and Termination of Service)

1.The Company may modify the contents of the Service without prior notice.

2.In the event of Service termination, the Company shall provide thirty (30) days’ prior notice.

3.No prior notice shall be required in cases of force majeure, including but not limited to natural disasters, war, pandemics, or changes in law.

Article 10 (Personal Data and Cross-Border Transfer)

  1. Users’ personal data shall be managed within Japan.
  2. Personal data shall be handled in accordance with the Company’s separate Privacy Policy.
  3. By using the Service, users consent to the transfer and processing of personal data in Japan.

Article 11 (Force Majeure)

The Company shall not be liable for failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, governmental actions, pandemics, war, or telecommunications failures.

Article 12 (Severability)

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Article 13 (Entire Agreement)

These Terms constitute the entire agreement between the Company and the user regarding the Service and supersede all prior representations, communications, and understandings.

Article 14 (Governing Law and Jurisdiction)

1.These Terms shall be governed by and construed in accordance with the laws of Japan.

2.Any dispute arising in connection with the Service shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.