Terms of Use

[LearnO limited] Terms of Service

This Agreement (“Agreement” hereinafter) concluded between Mogic Inc. (“Company” hereinafter), provider of the LearnO limited Service (“Service” hereinafter), and the customer using the Service (“User” hereinafter), stipulates the terms and conditions of use of the Service.

Article 1. Application

  1. This Agreement is intended to establish the conditions under which the Service is provided and the rights and obligations of the Company and the User with regard to use of the Service, and it applies to any and all relations between the User and the Company with regard to use of the Service.
  2. Rules regarding use of the Service posted by the Company on its website (“Official Website” hereinafter; (https://limited.learno.jp/)) shall constitute a part of this Agreement.
  3. In the event of any discrepancies between the content of this Agreement and the rules described in the preceding paragraph or other descriptions or other information concerning use of the Service provided outside of this Agreement, the provisions of this Agreement shall take priority.

Article 2. Content of the Service

  1. The Service refers to an e-learning service usable via the Web. It may be used through the following plans, details of which shall be as specified on the Website.
    • (1) Free Plan
    • (2) Bronze Plan
    • (3) Silver Plan
    • (4) Gold Plan
  2. Parts of the Service are provided as premium services. Details of such services are specified on the Official Website. A User using such services shall pay the usage charges thereof in accordance with the payment conditions and other terms and conditions established separately by the provider (“Settlement Service Provider” hereinafter) of the means of settlement specified by the Company as the payment method. In the event of any dispute between the User and the Settlement Service Provider with regard to payment of the usage charges, the User shall dispose of and settle such dispute with the Settlement Service Provider. The Company shall have no involvement and bear no liability in any such dispute.

Article 3. Definitions

As used in this Agreement, the following terms shall have the respective definitions indicated below.

  • (1) User: any party using the Service
  • (2) Registered member: any User who has registered as a member
  • (3) Course: a group of content consisting of slides, video, quiz, and questionnaire
  • (4) Slide: content using PDF files
  • (5) Video: Content using YouTube
  • (6) Questionnaire: content in the form of up to 10 questions for the User
  • (7) Quiz: content in the form of a quiz for the User, consisting of up to 10 questions
  • (8) Open course: a course accessible to anybody
  • (9) Invitation course: a course accessible only to those invited by members
  • (10) Content: text, voice, music, images, video, software, programs, codes, and any other information
  • (11) The Content: content accessible through the Service
  • (12) Posted content: content posted, transmitted, or uploaded by the User to the Service
  • (13) Individual usage agreement: a document provided by the Company with regard to the Service separately from this Agreement, referred to by a title such as “agreement,” “guideline,” or “policy”

Article 4. Consent to the agreements

  1. The User must use the Service in accordance with the provisions of this Agreement.
  2. If the User is a minor, he or she must obtain the consent (including consent to this Agreement) of his or her legal representative, such as a legal guardian, prior to use of the Service. In addition, when a User who was a minor at the time of consent to this Agreement has used the Service after reaching the age of majority, he or she shall be deemed to have confirmed his or her acts of usage while a minor.
  3. If the User uses the Service on behalf of a business, he or she must first obtain the consent to this Agreement of the authorized representative of said business.
  4. Actual use of the Service by the User shall constitute his or her valid and irrevocable consent to this Agreement.
  5. If the Service is subject to any individual usage agreement(s), the User must use the Service in accordance with the provisions of said individual usage agreement(s) in addition to this Agreement.

Article 5. Amendments to agreements

  1. As it deems necessary the Company may, at any time, amend this Agreement and individual usage agreements.
  2. An amended Agreement or individual usage agreement shall take effect upon the time it has been posted in an appropriate location within the Service or on a website operated by the Company. Continued use of the Service by the User after amendment of this Agreement or an individual usage agreement shall be deemed to constitute the User’s valid and irrevocable consent to the amended Agreement or individual usage agreement. When using the Service, refer to the latest versions of this Agreement and applicable individual usage agreements from time to time as appropriate.

Article 6. Account

  1. When, in using the Service, the User registers information concerning him or herself, he or she must provide truthful, accurate, and complete information and revise such information provided to keep it up to date at all times.
  2. When, in using the Service, the User registers a password, he or she must take responsibility for managing said password strictly to ensure that it is not used improperly. Any and all actions conducted using a password registered with the Company shall be deemed to constitute actions by the User him or herself.
  3. A User registered with the Service may withdraw from the Service and delete his or her account at any time.
  4. If the Company has determined that the User has, or may have, violated this Agreement, it may suspend or delete the User’s account without providing any prior notice to the User.
  5. The Company may delete an account that has not been used for one year or longer, without providing any prior notice to the User.
  6. All of the User’s rights to use the Service shall extinguish at the moment the User’s account has been deleted, for any reason. Note that the User may not restore an account once deleted even if he or she deleted it in error.
  7. The User’s account to use the Service belongs exclusively to him or her. The User may not transfer or lend any of his or her rights to use the Service to any third party, or permit their succession by any third party.

Article 7. Privacy

The Company shall handle privacy information and personal information concerning the User properly in accordance with the Company’s “Mogic Inc.” Service Privacy Policy.

Article 8. Service provision

  1. In using the Service, the User shall, at his or her own cost and responsibility, prepare any smart devices, communication devices, operating systems, means of communication, electricity, etc. as needed for such use. If the User is a minor, he or she shall use such devices, services, etc. as permitted by his or her legal guardian or other legal representative.
  2. The Company may restrict provision of all or part of the Service to Users who have satisfied conditions such as age, whether or not their identity has been confirmed, whether or not they have registered information, or other conditions as deemed necessary by the Company.
  3. The Company may, as it deems necessary, modify or suspend provision of all or part of the Service (including specifications, rules, design, audiovisual expression, effects, parameters, scenarios, and any other matters) without notifying the User in advance.
  4. Article 9. Use of cookies

    The Company uses cookies for the following purposes.

    1. To improve the convenience or service levels of the Service through means such as providing services customized for each individual User when the User logs in, by referring to the User’s saved registration information.
    2. To display advertising by the Company or a third party based on content in which the User has shown an interest and/or the state of the User’s use of the Service.
    3. To investigate the Service’s traffic, including its Users or numbers of times viewed.
    4. To improve the Service, to maintain security, and to encourage the User to re-authenticate (enter his or her password) after a certain time has passed since the last use.

    Article 10. Partner services

    The Service may include services or content provided by other businesses with which the Company has partnered. Responsibility for such services or content shall be borne by the businesses that provide it. In addition, the usage agreements and other terms and conditions established by the business providing such services or content shall apply to said services or content.

    Article 11. Content

    1. The Company shall grant to the User the nontransferable, nonlicensable, and nonexclusive rights to use the Service with regard to the Content provided by the Company.
    2. When using content for which terms of use such as usage charges and periods of use are specified separately, the User shall comply with such terms of use. Even if terms such as “buy” or “sell” are displayed on screen in the Service, the Company shall not transfer to the User any intellectual property rights or other rights to the Content but shall grant to the User only the above usage rights.
    3. The User must not use the Content above and beyond the forms of use anticipated for the Service (including copying, transmission, forwarding, and modification).
    4. The User shall make backups of posted content him or herself. The Company is not obligated to make backups of posted content.
    5. The Service may include features that enable multiple Users to post, correct, delete, or otherwise edit content. In such a case, the User shall permit other Users to edit his or her posted content.
    6. The User shall retain any preexisting rights to his or her posted content. The Company shall not acquire such rights. However, the User shall be deemed to have consented, free of charge, in perpetuity, and with no regional restrictions, to the Company’s right to use posted content made public to other Users in general in its services or promotions (this includes the right of the Company to abbreviate or otherwise modify such content within the extent considered necessary and appropriate, and including the right to entrust such usage rights to third-party partners of the Company).
    7. As necessary for purposes of checking matters such as the state of compliance with laws, regulations, or this Agreement, the Company may check the content of posted content. However, the Company is not obligated to conduct such checking.
    8. The Company may restrict use of posted content on the Service, through means such as deletion of said posted content, without prior notice to the User as necessary in cases in which the User has or may have violated laws, regulations, or this Agreement in connection with the posted content or in other cases as necessary for business purposes.

    Article 12. Prohibitions

    In using the Service, the User must not commit any of the acts enumerated below.

    1. Acts in violation of laws or regulations; court judgments, decisions, or orders; or legally binding administrative measures
    2. Acts that could be detrimental to public order or to sound public morals
    3. Acts beneficial to or otherwise in cooperation with antisocial forces
    4. Acts infringing on the copyright, trademark rights, patents rights, or other intellectual property rights; honor; privacy rights; or other legal or contractual rights of the Company or a third party
    5. Acts of permitting or arranging use by a third party of usage rights or data of the Content through lending, exchange, transfer, name change, sale, pledging as collateral, provision of security, or other methods other than those specified by the Company
    6. Acts of sales, publicity, advertising, inducement, or other acts intended for commercial purposes (not including those authorized by the Company); religious activities or acts of inducement to join religious organizations; acts intended for sexual or indecent purposes; acts intended for meeting or socializing with strangers of the opposite sex; acts of displaying or causing the display of information corresponding to child pornography or child abuse; acts intended to harass, libel, or slander a third party; other acts involving use of the Service for purposes other than those for which it was intended
    7. Excessively violent expressions; blatantly sexual expressions; acts leading to discrimination by race, nationality, background, gender, social status, family status, etc.; acts of suicide or self-harm; acts inducing or furthering drug abuse; or other acts involving posting or transmitting expressions containing antisocial content that would make others uncomfortable
    8. Acts of indiscriminately sending to multiple third parties identical or similar messages (not including those as authorized by the Company); acts of indiscriminately adding third parties to one’s friends or groups; or other acts considered by the Company to quality as SPAM
    9. Acts of posing as the Company or a third party or acts of intentionally distributing false information
    10. Acts of improper collection, disclosure, or provision of personal information, registered information, usage history, etc. concerning a third party
    11. Acts of improper access, acts conducted using the user ID of a third party, acts of receiving multiple user IDs, and other similar acts
    12. Acts impeding the operation of the Service’s servers or network systems; acts of improperly manipulating the Service using bots, cheat tools, or other technological means; acts of intentionally taking advantage of defects in the Service; unnecessarily repeatedly submitting identical or similar inquiries; acts of making improper demands to the Company; or other acts impeding or hindering the operation of the Service by the Company or the use of the Service by a third party
    13. Acts of assisting or furthering any of the acts enumerated under Subparagraphs 1-12 above
    14. Other acts as deemed inappropriate by the Company

    Article 13. Responsibilities of the User

    1. The User shall use the Service at his or her own responsibility and shall bear any and all liability concerning any and all acts of his or her use of the Service and the results thereof.
    2. The Company shall take measures as it deems necessary and appropriate in the event that it has determined that the User is using the Service in violation of this Agreement. However, the Company shall not be obligated to prevent or correct such violations.
    3. In the event that the Company has suffered any direct or indirect damages (including legal fees) as a result of the User’s having used the Service (including cases in which the Company has received a claim from a third party resulting from such use), the User must compensate the Company for such damages as demanded by the Company.

    Article 14. Disclaimers by the Company

    1. The Company makes no explicit or implicit guarantee that the Service (including the Content) is free from de facto or legal defects (including flaws related to safety, reliability, accuracy, completeness, validity, suitability for specific purposes, or other matters, errors or bugs, and infringement on rights). The Company is not obligated to remove such defects prior to providing the Service to the User.
    2. The Company shall not be liable for any damages suffered by the User due to the Service. However, this disclaimer shall not apply in the event that an agreement between the Company and the User with regard to the Service (including this Agreement) qualifies as a Consumer Contract pursuant to the Consumer Contract Act.
    3. Even in the case described in the proviso to Paragraph 2 above, the amount of compensation for damages payable by the Company for damages suffered by the User due to special circumstances due to failure to perform obligations as a result of negligence (not including gross negligence) or to unlawful acts by the Company shall not exceed the amount of usage charges received from the User during the month in which the relevant damages occurred.

    Article 15. Means of contact

    1. The Company shall contact the User regarding the Service by posting the relevant information to an appropriate location within the Service or on a website operated by the Company or through other methods as deemed appropriate by the Company.
    2. The User shall contact the Company regarding the Service by sending messages using a contact form set up in an appropriate location within the Service or on a website operated by the Company or through other methods as specified by the Company.

    Article 16. Language, applicable law, court of jurisdiction

    This Agreement shall conform to the laws of Japan. The exclusive court of first jurisdiction for any disputes arising between the User and the Company caused by or related to the Service shall be the Tokyo District Court.


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