Aomi Japanese websites (“Websites”) and Aomi Japanese mobile application (“Aomi Japanese”, “App”) and related services (together with the Websites, the “Service”) are operated by SE-Japan Co., Ltd., Inc. (“SE-Japan,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. SE-Japan may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
Description of Website, App and Service
The Service allows users to access and use a variety of educational services, including learning or practicing a language. SE-Japan may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
In connection with registering for and using the Service, you agree (1) to provide accurate, current and complete information about you and/or your organization as requested by SE-Japan; (2) to maintain the confidentiality of your password and other information related to the security of your account; (3) to maintain and promptly update any registration information you provide to SE-Japan, to keep such information accurate, current and complete; and (4) to be fully responsible for all use of your account and for any actions that take place through your account.
Your Representations and Warranties
You represent and warrant to SE-Japan that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the Japan and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the Japan and/or the jurisdiction in which you reside.
You represent and warrant that (1) you are not organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target or comprehensive Japan economic or trade sanctions (i.e., an embargo) or (2) the target of Japan sanctions.
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in SE-Japan’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Aomi Japanese App or its users to any harm or liability of any kind.
You are specifically restricted from all of the following:
• Publishing any App and/or Website material in any other media
• Selling, sub-licensing and/or otherwise commercializing any App and/or Website material
• Publicly performing and/or showing any App and/or Website material
• Using this App and/or Website in any way that is or may be damaging to this App and/or Website
• Using this App and/or Website in any way that impacts user access to this App and/or Website
• Using this App and/or the Website contrary to applicable laws and regulations, or in any way may cause harm to the App and/or Website, or to any person or business entity
• Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this App and/or Website
• Using this App and/or Website to engage in any advertising or marketing
Indemnification of SE-Japan
You agree to defend, indemnify and hold harmless SE-Japan and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
License to Apps
Subject to the terms of these Terms and Conditions, SE-Japan grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. SE-Japan and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the Apps from the Apple’s App Store or Google’s Play Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple’s App Store and/or Google’s Play Store. You acknowledge and agree that these Terms and Conditions are solely between you and SE-Japan, not Apple and/or Google, and that Apple and/or Google have no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service and/or Google Play Store Terms of Services. You acknowledge that Apple and/or Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple and/or Google, and Apple or/and Google will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple and/or Google will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and SE-Japan acknowledge that Apple and/or Google are not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and SE-Japan acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, SE-Japan, not Apple, not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App. You and SE-Japan acknowledge and agree that Apple, and Apple’s subsidiaries, as well as Google and Google’s subsidiaries are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple and/or Google will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
If you purchase an auto-renewing periodic subscription through the App, your Aomi Japanese account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your Aomi Japanese account and follow instructions to terminate or change your subscription, even if you have deleted your account.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Aomi Japanese account registered to you. Aomi Japanese may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
In the event that SE-Japan suspends or terminates your use of the Service or these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including for any Content or data associated with your use of the Service, or for anything else.
Third-Party Links, Sites, and Services
The Service may include
advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by SE-Japan on the Service are subject to change. In consideration for SE-Japan granting you access to and use of the Service, you agree that SE-Japan and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
NO REPRESENTATIONS OR WARRANTIES BY SE-JAPAN
THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY SE-JAPAN ARE PROVIDED TO YOU ON AN “AS IS” BASIS. SE-JAPAN AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SE-JAPAN DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
IN NO EVENT WILL SE-JAPAN BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF SE-JAPAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SE-JAPAN’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SE-JAPAN FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
SE-Japan may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Aomi Japanese account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of SE-Japan’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
Proprietary Rights in Service Content and Activity Materials
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of SE-Japan or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and SE-Japan, all data, information and materials generated from your access and use of the educational activities made available on or through the Service shall be exclusively owned by SE-Japan, and you shall not have any right to use such activity materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to SE-Japan any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the activity materials. All rights of SE-Japan or its licensors that are not expressly granted in these Terms and Conditions are reserved to SE-Japan and its licensors.
“Aomi Japanese” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of SE-Japan or their respective owners. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Aomi Japanese name or any Aomi Japanese or third-party trademarks, service marks, graphics or logos.
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
These Terms and Conditions constitute the entire agreement between SE-Japan and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by SE-Japan or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. SE-Japan may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of SE-Japan and you, and SE-Japan’s and your respective successors and permitted assigns.
Last revised on October 8, 2021