Globify Terms of Service

Terms of Service

This Agreement (hereinafter referred to as the "Agreement") governs the terms and conditions for use of the Service (as defined in Article 2) provided by Globify Inc. (hereinafter referred to as the "Company") and the rights and obligations between the Company and Registered Users. In order to use the Service, you must agree to the Terms of Service (hereinafter referred to as the "Term(s)") of this Agreement. If you do not agree to the Terms, please do not use the Service or purchase or use any Paid Services (as defined in Article 2) to use the Service.

Article 1 (Scope of Application)

1. The purpose of the Terms is to define the rights and obligations between the Company and Registered Users regarding the use of this Service, including the conditions for providing Paid Services that Registered Users use by paying usage fees, and the use of Paid Services. The Terms apply to all relationships between the Company and Registered Users regarding the use of the Service.
   
2. Rules, regulations, etc. regarding the Service that the Company may post on the Service from time to time shall constitute a part of the Terms.

Article 2 (Definition)

1. "Intellectual Property Rights" means all copyrights, patents, utility model rights, trademark rights, design rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights).
   
2. The “Service'' refers to the language learning support service provided by the Company, including English text data, images, videos, and audio (including after the name or content of the Service is changed for whatever reason).
3. “Registration Applicant” means “Registration Applicant” as defined in Article 3.
4. “Registration Information” means “Registration Information” as defined in Article 3.
5. “Registered User” means an individual who has registered with the Company as a user of the Service based on the Terms.
6. "Paid Service(s)" means those Services provided by the Company for which the user pays a usage fee as the purchase price.
7. “Paid Service User” means a Registered User of the Service who uses the Paid Service.
8. "Paid Service Usage Agreement" means the contract between the Company and the Paid Service User in accordance with Article 4 regarding the use of the Paid Service in accordance with the provisions of the Term.
9. “Free Service Usage Agreement” means the “Free Service Usage Agreement” as defined in Article 3.4.
10. "Usage Contract" means a general term for Free Service Usage Contract and Paid Service Usage Contract.
11. “Platform” means the website, native application or any other platform on which the Company offers its Services.

Article 3 (Registration)

1. Persons who wish to use the Service (hereinafter referred to as the "Applicants") agree to comply with the Terms and provide certain information specified by the Company (hereinafter referred to as "Registration Information"). Applicants can apply to the Company for registration to use the Service by providing their Registration Information in a manner determined by the Company.
   
2. Applications for registration must be made by the individual or legal entity that will use the Service, and as a general rule, applications for registration by agents are not accepted. In addition, Applicants must provide true, accurate, and up-to-date information to the Company when applying for registration.
   
3. The Company may refuse registration to Applicants who have applied for registration pursuant to Paragraph 1 if any of the following circumstances apply to such Applicants:
   
   (1) If the Company determines that there is a risk of violating the Terms;
   (2) If there is any falsehood, error, or omission in all or part of the registered information provided to the Company;
   (3) If the Applicant has had the Applicant’s registration to use the Service revoked in the past.
   (4) If the person is a minor, adult ward, a person under curatorship, or a person under assistance and has not obtained the consent of his or her legal representative, guardian, conservator or assistant.
   (5) If you are or are a member of an anti-social force (including but not limited to organized crime groups, organized crime group members, associated organized crime group members, organized crime group-related companies, corporate racketeers, groups or individuals who use violence, force or fraudulent methods to pursue economic or other gains, etc).
   (6) If the Company reasonably determines that registration is inappropriate.
   
4. The Company will determine whether or not the Registration Applicant can register in accordance with the preceding paragraph and other Company standards. If the Company approves registration, the Registration Applicant's registration as a Registered User will be completed, and a contract regarding the use of the Service in accordance with the Terms (hereinafter referred to as the "Free Service Usage Agreement") will be concluded between the Registered User and the Company.
   
5. In the event of any change in the registered information, the Registered User shall without delay, notify the Company of such change in the manner specified by the Company, and shall submit any materials requested by the Company.

Article 4 (Establishment of Paid Service Usage Contract)

1. By using a Paid Service, the Paid Service User who uses such Paid Service shall be deemed to have read, understood and agreed to be bound by the Terms.
   
2. Paid Service Users who use Paid Services shall guarantee that they do not fall under any of the provisions in Article 3, Paragraph 3.
   
3. A Paid Service Usage Contract will be established between the Paid Service User and the Company upon agreement and confirmation of the Terms.

Article 5 (Use of the Service)

Registered Users may use the Service in accordance with the Terms and in accordance with the method determined by the Company during the term of validity of the User Agreement.

Article 6 (Terms of Use for Paid Services)

1. To use the Paid Services, Registered Users must pay a monthly or annual fee.
   
2. The usage fee for the Paid Services is indicated by the payment charges listed through the payment API provided by Stripe Inc. on the respective website. Therefore, it is necessary to meet the payment conditions set by the API.

Article 7 (Types of Paid Services)

The Paid Services provided by the Company are as follows.

Continuous subscription-based service
This is a service in which you pay a fixed monthly or annual fee for using a Paid Service, and the Paid Service contract is renewed by paying the usage fee every purchase period from the initial payment date depending on the monthly or annual plan you have purchased.

Article 8 (Purchase of Paid Services and Method of Payment)

1. The fees for the Paid Services provided by the Company can be changed at any time at the Company’s discretion. For subscription-based services, the fees will be paid at the revised rates starting from the renewal of the Paid Service contract after the change in fees.
2. The fees for the Paid Services shall be paid directly by the Paid Service Users to the operator of the respective website, in accordance with the contract between the Paid Service Users and the website operator.
3. Any inquiries about the payment of fees for the Paid Services, or requests for refunds of paid fees, should be directed by the Paid Service Users directly to the website where the Paid Service was purchased, or to the credit card company, etc. The Company will not respond to any inquiries or requests regarding troubles at the time of payment or refunds of paid fees.
4. Paid Service Users must properly manage the payment methods, such as credit cards, used for purchasing the Paid Services, and any related information. The Company bears no responsibility for any damages arising from the use of Paid Services due to improper management or use by the Paid Service Users, except in cases where intentional misconduct or gross negligence is recognized on the part of the Company.

Article 9 (How to use Paid Services）

The Paid Services purchased by the user on the website can be used on the devices of the Paid Service User after the payment of the service fee is completed. Furthermore, when corporations or organizations purchase Paid Services, the Paid Service User may be required to enter a coupon code when using it for the first time. The purchased Paid Services can be used on multiple devices as long as they are used by the Paid Service User themselves.

Article 10 (Suspension of Use of Paid Services）

1. When a Paid Service User wishes to discontinue the use of a one-time purchase service, they shall notify the Company of the discontinuation of the service through the settings function. The Company offers a 14-day free trial period. To suspend the use of Paid Services and receive a refund guarantee, please refer to Articles 9 and 12.
   
2. In the case of automatic renewal of contracts for subscription-based services, the fees for such services will continue to be automatically billed and charged to the Paid Service payer until the operator of the website from which the service was purchased is notified by the Paid Service User to stop the automatic continuation of payment for the service.
   
3. Paid Service Users can check the end date of their subscription period for purchased subscription-based services on the management screen provided by the operator of the website where the service was purchased. If a Paid Service User wishes to stop using a subscription-based service, they must complete the cancellation procedure themselves on the management screen of the website provided by the operator from whom the service was purchased.
   
4. If a Paid Service User does not follow the procedure mentioned in the previous paragraph and notifies or requests the Company to stop the subscription, the Company cannot take any action to stop the automatic continuation of payment for the subscription service. If a Paid Service User fails to follow the procedure and notifies or requests the Company to stop the subscription, and as a result, the subscription period for the purchased service is renewed, and new charges are billed by the operator of the website from which the service was purchased, the Company bears no responsibility and will not issue a refund for the newly billed fees.
   
5. The automatic renewal of a subscription-based service does not stop automatically if the service is not used or if data is deleted during its use. If a Paid Service User neglects to use the service or deletes its data from their device without completing the procedure in paragraph 3, and the subscription period for the service they purchased is renewed, and new charges are billed, the Company bears no responsibility and will not issue a refund for the newly billed fees.
   
6. The Company can suspend or discontinue the provision of Paid Services to a Paid Service User who violates the Terms, or whose registration as a Registered User can be canceled. In such cases, the Company will notify the Paid Service User of the suspension of the service and deny access to the user.
   
7. In the case mentioned in the previous paragraph, the Paid Service User who received the notice of suspension of the service from the Company shall delete the data of the Paid Service. For subscription-based services, the Paid Service User must complete the cancellation procedure themselves on the management screen of the website provided by the operator from whom the service was purchased. If the cancellation procedure is not completed, the Company bears no responsibility and will not issue a refund, as outlined in paragraph 5 of this Article.

Article 11 (Prohibited Acts）

1. Registered Users shall not engage in any of the following acts when using this service:
   (1) Acts that infringe upon the intellectual property rights, rights of publicity, privacy rights, reputation, or other rights or interests of the Company, other Registered Users, or any third parties (this includes acts that directly or indirectly cause such infringement).
   (2) Acts related to criminal activities or those against public order and morals.
   (3) Transmitting information that contains computer viruses or other harmful computer programs.
   (4) Transmitting data in excess of a certain data volume set by the Company through this Service.
   (5) Unauthorized access to the servers managed and operated by the Company, or attempting such unauthorized access.
   (6) Impersonating other Registered Users or third parties to illegally log in, or attempting to log in illegally.
   (7) Purchasing Paid Services by fraudulent means.
   (8) Transmitting nicknames or other information that infringes upon the privacy rights, reputation, or other rights or interests of the Company, other Registered Users, or third parties (this includes acts that directly or indirectly cause such infringement).
   (9) Acts that are reasonably considered to have the potential to interfere with the operation of the Service by the Company.
   (10) Other acts that the Company reasonably deems inappropriate.
2. The Company, if it reasonably determines that the act of transmitting information by a Registered User in this Service corresponds to, or is likely to correspond to, any of the items mentioned in the previous paragraph, may delete all or part of the said information, suspend its transmission, or take other measures without prior notice to the Registered User. The Company bears no responsibility whatsoever for any damage incurred by the Registered User as a result of measures taken based on this paragraph.

Article 12 (Suspension, Change, or Termination of Service)

1. The Company may, without prior notice, suspend all or part of this Service due to the following reasons, and will not refund the usage fees for the period during which the Service was suspended:
   (1) When performing regular or emergency maintenance or inspection of the system for providing this Service (including cases due to specification changes of other services provided by third parties).
   (2) In the event of an emergency, such as a fire, power outage, network failure, or natural disaster, rendering the operation of this Service impossible.
   (3) If the operation of this Service becomes impossible due to war, civil unrest, riots, disturbances, labor disputes, etc.
   (4) In cases where the Service cannot be provided due to system malfunctions or unauthorized access from third parties, computer virus infections, etc.
   (5) If the Service cannot be provided due to measures based on laws and regulations.
   (6) If other Services provided by third parties are suspended or terminated (including suspensions due to maintenance, specification changes, or defect repair, but not limited to these).
   (7) In other cases deemed unavoidable by the Company.
2. The Company may revise, add, change, or discontinue all or part of this Service without notice, and will not refund usage fees to Paid Service Users for revisions, additions, changes, or termination of the Service by the Company. If the Company discontinues the provision of a Paid Service, we will notify the Paid Service Users in advance.

Article 13 (Burden of Equipment)

1. The preparation and maintenance of the necessary equipment such as smartphones, software, other devices, communication lines, and other communication environments to receive this Service shall be at the expense and responsibility of the Registered User.
   
2. Registered Users shall, at their own expense and responsibility, take security measures such as preventing computer virus infections, unauthorized access, and information leakage, according to their own usage environment of this Service.
   
3. The Company, even if it has saved learning records and other information for a certain period of time for operational reasons, is not obligated to save such information and may delete this information at any time.
   
4. Registered Users shall pay sufficient attention to prevent the disappearance or alteration of information they possess, or failures or damages to their devices, at the start of or during the use of this Service.

Article 14 (Ownership Rights)

The ownership and intellectual property rights related to this Service, excluding content provided by third parties, belong to the Company or those who have granted the Company a license. The license to use this Service based on registration as stipulated in the Terms does not imply the transfer or permission to use the intellectual property rights of the Company or those who have granted the Company a license, except as explicitly stated in the Terms. Registered Users shall not engage in any acts that may infringe the intellectual property rights of the Company or those who have granted the Company a license, for any reason (this includes, but is not limited to, reverse assembling, reverse compiling, and reverse engineering).

Article 15 (Cancellation of Registration)

1. The Company may, without prior notice or demand, temporarily suspend the use of this Service for a Registered User, or cancel their registration as a Registered User, if the Registered User falls under any of the following:
   (1) In case of a violation of any of the provisions of the Terms.
   (2) If it is discovered that there is a falsehood in the Registered Information.
   (3) If the Service is used or attempted to be used for a purpose or in a manner that may cause damage to the Company, other Registered Users, or any third parties.
   (4) If the operation of this Service is interfered with by any means.
   (5) In the event of suspension of payment or insolvency, or if a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, or similar proceedings is filed.
   (6) If a dishonored disposition is received for a bill of exchange or check issued or accepted, or if transactions are suspended at the bill exchange or similar measures are taken.
   (7) If a petition for seizure, provisional seizure, provisional disposition, compulsory execution, or auction is filed.
   (8) If subjected to a delinquency disposition for taxes or public charges.
   (9) In the event of death.
   (10) If falling under any of the items in Article 3, Paragraph 3.
   (11) In other cases where the Company reasonably determines that the continuation of registration as a Registered User is not appropriate.
2. The Company bears no responsibility for any damages incurred by the Registered User due to actions taken based on this article.

Article 16 (Disclaimer of Warranty and Limitation of Liability)

1. The Company does not guarantee any improvement in the English language skills or other learning abilities of the Registered User, nor the storage, maintenance, or loss of data recorded by the Registered User through the use of this Service. This Service is provided 'as is', and the Company makes no warranties of any kind, including suitability for a particular purpose, completeness, or continuity.
   
2. In transactions, communications, disputes, etc., between Registered Users and other Registered Users or third parties related to this Service, the Registered User shall handle and resolve them at their own responsibility. Except in cases attributable to the Company, we bear no responsibility for such matters.
3. The Company shall not be liable for compensation for any damage suffered by Registered Users in connection with this Service, including interruption, suspension, termination, unavailability or change of the Service, deletion or loss of the Registered User's information, cancellation of the registration, loss of data or failure or damage of equipment due to the use of this Service, except in cases attributable to the Company.
   
4. The Company shall not be liable for non-performance of obligations under the Usage Contract, during periods when it is impossible to perform due to circumstances beyond our reasonable control (including but not limited to fire, power outage, hacking, computer virus intrusion, earthquake, flood, war, epidemic, trade suspension, strike, riot, inability to secure materials and transportation facilities, intervention, instructions or requests by government authorities or local governments, or enactment or abolition of domestic or foreign laws and regulations).
   
5. Even in cases where the Company is liable for damages to the Registered User due to the application of the Consumer Contract Act or other mandatory laws or for any other reason, our liability for compensation shall be limited to the total amount of service fees actually received from the Registered User in the past six months from the time the cause of the damage occurred.

Article 17 (Liability for Compensation by Users)

If a Registered User causes damage to the Company either by violating the Terms or in connection with the use of this Service, the Registered User must compensate the Company for such damage.

Article 18 (Handling of Personal Information, etc.)

1. The handling of personal information of Registered Users by the Company (meaning 'personal information' as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information) shall be in accordance with the provisions of our Privacy Policy, which is separately established. Registered Users agree that the Company will handle their personal information in accordance with this Privacy Policy.
2. The Company may use and disclose information and data provided by Registered Users as statistical information in a form that does not allow individual identification, at our discretion. Registered Users shall not object to this.

Article 19 (Effective Period)

The Usage Contract shall come into effect on the date the registration of the Registered User is completed based on Article 3, or on the date the Paid Service Usage Contract is concluded. It shall remain effective between the Company and the Registered User until either the date the Registered User's registration is canceled or the date the provision of this Service ends, whichever comes first. However, if the Paid Service Usage Contract is terminated for any reason, the contract for the use of Free Services will continue to be valid.

Article 20 (Amendment to the Terms)

The Company may amend the Terms at the Company’s discretion. When the Company amends the Terms, we shall notify the Registered Users of the content of the changes and the effective date of the changes by sending a notification with a link to the content of the changes, to be displayed until the effective date. If a Registered User uses this Service after the notified effective date of the changes, or does not stop using all of this Service within the period specified by the Company, it is deemed that the Registered User has agreed to all of the amended terms.

Article 21 (Contact/Notification）

Inquiries regarding this Service, and other contacts or notifications from Registered Users to the Company, as well as notifications regarding changes to the Terms and other contacts or notifications from the Company to Registered Users, shall be made in a manner prescribed by the Company.

Article 22 (Assignment of the Terms）

1. A Registered User may not transfer, assign, set as security, or otherwise dispose of their status in the usage contract or rights or obligations under the Terms to a third party without the prior written consent of the Company.
   
2. If the Company transfers the business related to this Service to a third party (regardless of the form of the business transfer, company split, etc.), the Company may transfer the status in the usage contract, rights and obligations under the Terms, and Registered User information and other customer information to the transferee of such transfer, and the Registered User is deemed to have agreed in advance to such transfer under this paragraph.

Article 23 (Entire Agreement)

The Terms constitute the complete agreement between the Company and the Registered User regarding all matters contained in this Agreement. This Agreement supersedes any prior agreements, representations, and understandings between the Company and the Registered User regarding the matters contained in these Terms, whether oral or written.

Article 24 (Severability)

Even if any provision or part of the Terms is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions or parts of the Terms shall be invalid or unenforceable. The remaining portions of the provisions that are determined to be invalid or unenforceable will remain in full force and effect, and the Company and Registered Users will use the provisions to the extent necessary to make the invalid or unenforceable provisions or portions lawful and enforceable. We will endeavor to amend the invalid or unenforceable clause or part so as to ensure the same legal and economic effect as the invalid or unenforceable clause or part.

Article 25 (Survival Provisions)

The provisions of Article 6 (limited to cases where there is unpaid payment), Article 8 (limited to cases where there is unpaid payment), Article 7, Paragraph 2, Article 10, Paragraphs 5 and 7, Article 11, Paragraph 2, Article 13, Article 14, Article 15, Paragraph 2, and Articles 16 to 18, as well as Articles 22 to 26, shall remain effective even after the termination of the Usage Contract.

Article 26 (Governing Law and Competent Court)

The governing law of the Terms shall be Japanese law, and the Tokyo District Court or Tokyo Summary Court shall be the exclusive agreed jurisdictional court of the first instance for all disputes arising from or related to the Terms.

Article 27 (Amicable Resolution)

The Company and the Registered User shall promptly resolve any matters not stipulated in the Terms or any doubts arising in the interpretation of the Terms through consultation in accordance with the principles of good faith and sincerity.

Updated as of January 5, 2024