SPANISIMO | Online Spanish Tutoring

Article 1: Scope of Terms

1. 1.1. These Terms apply not only to the provisions posted on this website but also to information transmitted by the Company to Users via email or other electronic means.

2. 1.2. These Terms also apply to activities conducted by the Company for the purpose of service improvement and sales promotion, such as interviews with Users.

Article 2: Registration for the Service

1. 2.1. Registration Procedure: Users shall register for the Service according to the procedures specified by the Company. The Service offers both free membership registration and paid membership registration.

2. 2.2. Free Membership Registration:

   1. (a) Upon registration for a free account, the User will be granted one (1) free trial lesson ticket.
   2. (b) To register for a free account, the User must provide the following information:
      1. (i) Full name (in Roman alphabet)
      2. (ii) Email address
      3. (iii) Password
      4. (iv) Date of birth
      5. (v) Time zone
   3. (c) To take a trial lesson, Free Members must have an environment enabling participation in lessons via Microsoft Teams (hereinafter referred to as "Teams") in the manner specified by the Company. Users are not necessarily required to possess a Teams account.
   4. (d) When a Free Member reserves a lesson using a free trial ticket, a confirmation email will be sent. This email contains instructions on how to access the lesson. Ten minutes before the lesson starts, a "Start Lesson" button will appear and become clickable on the User's "My Page".

3. 2.3. Paid Membership Registration / Upgrade:

   1. (a) Users must provide information specified by the Company (e.g., email address used for identification in Teams) and ensure they can use Teams in the manner specified by the Company.
   2. (b) When a User attempts to book a lesson, the system will check if the [Information Required for Teams Use] is registered. If not, the User will be directed to a page to enter said information.

4. 2.4. Provisions Common to All Users (Free and Paid Members):

   1. (a) Agreement to Terms: Users (whether Free or Paid Members) must carefully read and fully agree to these Terms before registration.
   2. (b) Teams Usage: Both Free and Paid Members must have an environment enabling the use of Teams in the manner specified by the Company to take lessons.
   3. (c) Recommended Environment: For a better user experience, installing the Teams application is recommended, although participation via a web browser is also possible.
   4. (d) Accurate Information: Users are solely responsible for protecting their registration information and maintaining its confidentiality.
   5. (e) Communication Environment: Users must ensure their own internet connection and overall communication environment are sufficient for using the Service.
   6. (f) Minor Users: If the User is a minor, prior consent from a parent or legal guardian is required.
   7. (g) Payment: Users agree to pay the applicable fees in the manner specified by the Company.
   8. (h) Payment via PayPal: If a User receives notification from PayPal that a payment could not be completed, the User must promptly take measures to resume payment through their PayPal account. Notification from PayPal to the User regarding incomplete payment shall be deemed sufficient notice from the Company regarding said payment.
   9. (i) Compliance with Additional Procedures: In addition to these Terms, Users shall comply with procedures, guidelines, or additional rules posted on the Company's website (including the User's "My Page").

Article 3: Lesson Plans and Service Details

1. 3.1. Available Lesson Plans: The Company offers one-on-one lesson plans. For details on available plans and fees, please refer to the "Pricing" page on the Company's website (https://www.spanisimo.com/contents/price).

2. 3.2. Lesson Format and Start Times:

   1. (a) 50-minute Lessons: Lessons start on the hour (e.g., XX:00).
   2. (b) 25-minute Lessons: Lessons start on the hour (XX:00) or half-hour (XX:30).

3. 3.3. Daily Lesson Booking Limit:

   1. (a) 50-minute Lessons: Users can book up to two (2) lessons per day with the same instructor.
   2. (b) 25-minute Lessons: Users can book up to four (4) lessons per day with the same instructor.

Article 4: Prohibited Acts

In using the Service, Users shall not engage in any of the acts specified in the following items:

1. 4.1. Transferring, lending, selling, or otherwise disposing of the right to use the Service (including account information necessary for using the Service) to a third party.

2. 4.2. Damaging or infringing upon the reputation or credibility of the Company (including, but not limited to, disseminating false information about the Company or its services, defamation, insults, etc.).

3. 4.3. Engaging in illegal acts or acts contrary to public order and morals (including, but not limited to, copyright infringement, transmitting obscene or harmful content, or other acts prohibited by law).

4. 4.4. Interfering with the operation or management of the Service.

5. 4.5. Engaging in criminal acts or acts that may lead to criminal activity.

6. 4.6. Harassing instructors (including behavior that obstructs the progress of lessons or other abusive conduct).

7. 4.7. Attempting to obtain or investigate the Company's confidential or non-public information (such as instructors' employment conditions, call center locations, internet connection details, etc.).

8. 4.8. Disclosing, publishing, or otherwise making public lesson content (including images, videos, audio), inquiry details, or responses from the Company without the Company's prior written consent.

9. 4.9. Contacting instructors directly for personal purposes (online or offline, including via email) without the Company's prior written consent.

10. 4.10. Soliciting instructors to work for competing services or companies.

11. 4.11. Allowing multiple Users to share a single account.

12. 4.12. Creating multiple accounts to circumvent lesson booking restrictions, such as booking a lesson with one account, canceling it, and then rebooking the same lesson with another account.

13. 4.13. Creating or using multiple accounts in a manner constituting fraudulent use of the Service.

14. 4.14. Taking lessons without making the required prior payments.

15. 4.15. Failing to pay lesson fees. (If payment is not made after the due date, the Company may cancel reservations, invalidate remaining lesson credits, terminate the User's registration, claim damages, and/or take other legal measures.)

16. 4.16. Engaging in any other acts deemed inappropriate by the Company.

If a User violates any of the preceding items (4.1 through 4.16), the Company may revoke the User's registration, cancel or suspend lessons, claim damages, or take other legal action.

Article 5: Disapproval or Revocation of Registration

The Company may, at its sole discretion, disapprove or revoke a User's registration if any of the following items apply, and any fees paid will not be refunded:

1. 5.1. The User is fictitious or does not actually exist.

2. 5.2. The User provided false, inaccurate, or incomplete information at the time of application.

3. 5.3. The User is already registered for the Service under a different account.

4. 5.4. The User has previously had their registration revoked by the Company.

5. 5.5. The User lacks the ability to pay the necessary fees.

6. 5.6. The User has a history of payment defaults towards the Company.

7. 5.7. The Company deems the User's conduct or registration inappropriate for any other reason.

Article 6: Modification of Terms

1. 6.1. Right to Modify:

   The Company may modify these Terms at its discretion in the following cases:

   1. (a) When the modification conforms to the general interests of the Users; or
   2. (b) When the modification is necessary, does not contradict the original purpose of the contract, and is reasonable in scope and content considering the circumstances.

2. 6.2. Notification of Modification: Prior to the effective date of the modification, the Company shall notify Users of the changes, the content of the modified Terms, and the effective date by posting them on the Company's website. If a User uses the Service on or after the effective date of the modification, the User shall be deemed to have agreed to the modification of these Terms.

Article 7: Handling of Registered Information

1. 7.1. Information Management:

   The Company shall manage the User's registered information in accordance with the separately posted Privacy Policy. The Company may disclose or provide User information to third parties in the following cases:

   1. (a) With the User's consent.
   2. (b) When required by law or by a valid legal request from a governmental authority.
   3. (c) When displaying the User's nickname (as registered in the Roman alphabet) on the Service's booking page or similar areas.
   4. (d) In accordance with other provisions stated in the consent form regarding personal information separately determined by the Company.

2. 7.2. User Responsibility: Users are responsible for securely managing all registered information and maintaining its confidentiality. The Company shall not be liable for any damages arising from the User's failure to protect such information. If a User becomes aware that their information is being used illicitly by a third party, they shall immediately notify the Company and follow the Company's instructions.

Article 8: Suspension and Withdrawal

1. 8.1. Withdrawal (Account Deletion):

   1. (a) Procedure: Users can withdraw from the Service by completing the withdrawal procedure on the page accessed via the "Suspension/Withdrawal Procedure" link displayed on the User's My Page. To stop recurring purchases from the next billing cycle, the withdrawal request must be made at least seven (7) days before the end of the current month's plan. Withdrawal becomes effective upon the User's receipt of a "Withdrawal Complete" email from the Company. If the confirmation email is not received, please contact Company customer support.
   2. (b) Effect of Withdrawal: Upon withdrawal, the User loses all rights to use the Service and cannot make any claims against the Company.
   3. (c) Re-registration: If a User wishes to use the Service again after withdrawal, they must undergo the registration procedure anew.
   4. (d) Data Deletion: Upon withdrawal, all personally identifiable data will be deleted.
   5. (e) Additional Provisions: The terms regarding withdrawal procedures also include conditions stipulated in the Company's withdrawal form (https://www.spanisimo.com/profiles/quit_form). Users are encouraged to review these conditions after registration.

2. 8.2. Suspension (Account Hibernation):

   1. (a) Procedure: Users can suspend their account by completing the suspension procedure on the page accessed via the "Suspension Procedure" link displayed on the User's My Page. To stop recurring purchases every 30 days from the next billing cycle, the suspension request must be made at least seven (7) days before the end of the current month's plan. Suspension becomes effective upon the User's receipt of a "Suspension Complete" email from the Company. If the confirmation email is not received, please contact Company customer support.
   2. (b) Effect of Suspension: Upon suspension, the recurring purchase every 30 days will be stopped. However, the Company may continue to send service-related communications, such as promotional materials, campaign information, and surveys. All data will be retained during suspension.
   3. (c) Additional Provisions: The terms regarding suspension procedures also include conditions stipulated in the Company's suspension form (https://www.spanisimo.com/profiles/quit_form). Users are encouraged to review these conditions after registration.

Article 9: Service Provisions

1. 9.1. Payment Terms:

   Users can access the Service by paying the usage fees determined by the Company through the following method:

   1. (a) Service usage fees shall be paid via PayPal.
   2. (b) All fees are charged in US Dollars (USD). If a User makes payment in another currency, the billed amount may differ due to exchange rate fluctuations. The User shall bear any fees or charges related to currency conversion.

2. 9.2. Booking and Cancellation:

   1. (a) Booking Deadline: As a general rule, bookings must be made before the following times prior to the lesson start time:
      1. (i) 50-minute Lessons: 12 hours before the lesson start time.
      2. (ii) 25-minute Lessons (starting at XX:00): 12 hours before the lesson start time.
      3. (iii) 25-minute Lessons (starting at XX:30): 2 hours before the lesson start time.
   2. (b) Cancellation Deadline: To cancel a booking without forfeiting a lesson ticket, the cancellation must be completed by the following deadlines:
      1. (i) 50-minute Lessons: 10 hours before the lesson start time.
      2. (ii) 25-minute Lessons (both :00 and :30 starts): 10 hours before the lesson start time.
   3. (c) If a cancellation is made after these deadlines, or if a booking made after the booking deadline is canceled, one (1) lesson ticket will be consumed.

3. 9.3. Plan Changes:

   1. (a) Plan Change Procedure: Users can change their lesson plan for the following month by applying for the change at least seven (7) days before the end of the current month's plan. Booking under the new plan is possible starting one week before the plan change takes effect. After the plan change, any remaining lesson tickets from the previous plan will expire and become unusable.

4. 9.4. Refunds:

   1. (a) Cooling-off Period: Except as provided in Article 4.3, if a User indicates their intention to suspend or withdraw from the service via email according to Article 8 within eight (8) days from the date the User paid the service usage fee, the Company shall refund the amount remaining after deducting a refund processing fee of 10.00 USD from the usage fee.
   2. (b) General Refund Policy: Except as provided in Article 9.4(a) (Cooling-off Period) and Article 9.6 (Return of Lesson Tickets), all fees paid are non-refundable. The Company does not provide refunds or credits for partially used subscription periods or unused lesson tickets.
   3. (c) Campaigns and Benefits: In the case of a refund under Article 9.4(a), any campaigns or benefits received in connection with the payment will be canceled or invalidated.
   4. (d) Refund Method: If the Company is obligated to issue a refund, it shall promptly refund the amount to the User's PayPal account upon receipt of a valid refund request.
   5. (e) Unverified PayPal Accounts: If the Company attempts to refund to the User's PayPal account but finds the account is not verified by PayPal, the Company and the User shall mutually agree to refund to the User's bank account (any bank fees associated with the refund shall be borne by the User). The deadline for the refund shall be the end of the month following the date the Company receives notification from the User regarding the designation of the bank account.
   6. (f) Other Refund Claims: For refund claims not covered above, the refund amount (if any) shall be determined by mutual agreement between the Company and the User and paid to the User's PayPal account or bank account (applicable bank fees shall be borne by the User).

5. 9.5. Lesson Recording and Use of Information: For quality assurance, training, ensuring consistent high-quality service delivery, and improving the Service, the Company may record lessons. The Company will manage recorded lesson data, including personal information, in accordance with its Privacy Policy. The User hereby acknowledges and agrees that lessons they participate in may be recorded.

6. 9.6. Return of Lesson Tickets:

   The Company shall return a lesson ticket to the User only in the following cases:

   1. (a) If a lesson was significantly shortened (more than 20% of the scheduled time) or not conducted at all due to reasons attributable to the Company or the instructor.
   2. (b) If the assigned instructor was unable to conduct the lesson, provided that if another instructor conducted the lesson, no ticket will be returned.
   3. (c) In other cases where the Company, at its sole discretion, deems the return of a ticket appropriate.

Article 10: Service Provision Period

1. 10.1. Commencement: Users may use the Service from the date the Company approves the User's registration in accordance with these Terms.

2. 10.2. Lesson Ticket Validity Period:

   1. (a) For standard monthly plans, lesson tickets are valid for thirty (30) days from the date of issuance.
   2. (b) For intensive short-term plans, lesson tickets are valid for ninety (90) days from the date of issuance.
   3. (c) Additional tickets (purchased separately) are valid only within the validity period of the corresponding base plan.
   4. (d) Tickets will expire if a lesson is not booked within the validity period. Except as expressly provided in these Terms, the Company does not carry over, repurchase, or refund unused lesson tickets.

3. 10.3. Service Suspension: The User's access to the Service may be suspended in accordanceance with Article 4 or Article 8. If based on Article 4, the service will be suspended upon notification from the Company to the User. If based on Article 8, the service will be suspended upon the Company's receipt of the User's withdrawal notice.

Article 11: Service Interruption and Termination

1. 11.1. The Company may interrupt or terminate the Service without prior notice by announcing it on the website or sending an email to Users.

2. 11.2. If the provision of the Service becomes difficult or impossible due to Teams failures, political unrest, natural disasters, server failures, or other factors beyond the Company's reasonable control (Force Majeure Events), the Company reserves the right to interrupt or terminate the Service without notice and without liability.

3. 11.3. The Company will make reasonable efforts to restore the Service as promptly as possible.

4. 11.4. Except as expressly provided in these Terms, under no circumstances shall the Company be obligated to provide refunds due to service interruption or termination.

Article 12: Free Trial Lessons, Free Counseling, and Promotional Gift Tickets

1. 12.1. Free Trial Lessons:

   1. (a) Upon registration for a free account, the User is granted one (1) free trial lesson ticket. The expiration date of the free trial ticket is displayed on the User's "My Page".
   2. (b) Compliance Obligation: Even during the free trial lesson, Users must comply with these Terms.
   3. (c) Forfeiture upon Purchase: The free trial lesson ticket automatically becomes invalid upon completion of a paid plan purchase. The Company will not provide refunds or compensation to the User, even if the free trial lesson remains unused.
   4. (d) Expiration: The free trial lesson ticket expires if a lesson is not booked within the specified validity period.
   5. (e) When a Free Member books a lesson using a free trial ticket, a confirmation email will be sent. Details on how to access the lesson (including the "Start Lesson" button on "My Page") are provided in the email and on the User's "My Page".
   6. (f) Fraudulent Use of Multiple Accounts: Registering multiple accounts by the same individual to take free trial lessons is considered fraudulent use and a violation of these Terms. If a User registers multiple accounts and takes free trial lessons multiple times, the User shall pay the Company 20.00 USD for each free trial lesson taken from the second time onwards. This amount is deemed agreed liquidated damages, representing a reasonable estimate of the Company's losses incurred due to fraudulent use.

2. 12.2. Free Counseling:

   1. (a) Free counseling is offered as part of promotional campaigns announced via email. Interested Users can receive counseling for a specified duration from a Company counselor. Users must check the terms and conditions stated in the email before applying.

3. 12.3. Promotional Gift Tickets:

   1. (a) Promotional gift tickets may be granted to Users on occasions such as the User's birthday, upon responding to interviews or surveys, or at other times deemed appropriate by the Company. The terms of use for such tickets will be stated in the accompanying email. Users are advised to review these details before use.

4. 12.4. Right to Change:

   1. (a) The provisions of Sections 12.1, 12.2, and 12.3 of this Article may be modified, suspended, or terminated, in whole or in part, without prior notice.

Article 13: Information Distribution

1. 13.1. The Company may send notifications, advertisements, surveys, and other information to Users via email.

2. 13.2. Users may opt-out of receiving promotional emails by following the unsubscribe procedures described in the email.

Article 14: Use of Teams

The Service utilizes Teams for lesson delivery. Regarding the use of Teams, the User agrees to the following:

1. 14.1. The User shall comply with the terms of service, guidelines, etc., related to Teams as stipulated by Microsoft Corporation.

2. 14.2. Prior to using the Service, the User shall, at their own responsibility and expense, prepare an environment enabling the use of Teams according to the method specified by the Company. (This includes preparing compatible devices, installing necessary software, configuring accounts, and securing a communication environment.)

3. 14.3. The User shall join the Teams lesson at the reserved date and time according to the guidance on the Company website or communications from the Company.

4. 14.4. The Company shall bear no liability, nor provide refunds or compensation for lesson tickets, if the User is unable to use the Service due to deficiencies or malfunctions in the User's Teams usage environment (hardware, software, settings, communication environment, etc.), or due to the User's operational errors, or other reasons not attributable to the Company.

5. 14.5. The Company generally assumes no responsibility for malfunctions of the Teams software or service itself that occur during lesson time, regardless of the cause. However, the Company may implement alternative measures where possible.

6. 14.6. The Company bears no responsibility for changes in the service content, features, or terms of use of Teams provided by Microsoft Corporation. Furthermore, the Company does not provide individual support regarding Teams' functionality, operation methods, or technical issues, and will not accept inquiries regarding these matters.

7. 14.7. If the connection with the instructor cannot be established and the lesson cannot be conducted due to errors in the information provided by the User to the Company (e.g., contact email address) or insufficient preparation of the User's environment, the said lesson shall be deemed conducted, and no refund of fees or compensation for lesson tickets will be provided.

Article 15: Limitation of Liability

To the maximum extent permitted by applicable law, the User agrees that the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

1. 15.1. The User's access to or use of or inability to access or use the Service.

2. 15.2. Any unauthorized access to or alteration of the User's transmissions or data.

3. 15.3. Any statement, transmission, or conduct of any third party during the use of the Service.

4. 15.4. The absence of guarantee that the Service will achieve specific learning effects or outcomes.

5. 15.5. Infringement of third-party rights resulting from information provided by the User during lessons.

6. 15.6. The completeness, accuracy, timeliness, or safety of information, links, or other content posted on the website.

7. 15.7. Interruption or termination of promotional campaigns posted on the website without prior notice.

8. 15.8. Circumstances where the User is dissatisfied with the Service, except where directly caused by the Company's gross negligence or willful misconduct (including, but not limited to):

   1. (a) A sudden increase in the number of students or a temporary decrease in the number of available lessons (e.g., due to communication issues).
   2. (b) Situations where lessons cannot be booked at the desired time slot.
   3. (c) Situations where lessons with a specific instructor cannot be booked.
   4. (d) Lesson cancellations due to power outages, communication failures, natural disasters, or other force majeure events. or,
   5. (e) Other circumstances not resulting from the Company's gross negligence or willful misconduct.

9. 15.9. Any other damages not directly resulting from the Company's gross negligence or willful misconduct.

Article 16: Copyright and Ownership

1. 16.1. All trademarks, logos, text, and other materials related to the Service are the exclusive property of the Company.

2. 16.2. Users are expressly prohibited from using these materials without the prior written consent of the Company.

Article 17: Governing Law and Exclusive Agreed Jurisdiction

1. 17.1. These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law principles.

2. 17.2. Any disputes arising out of or in connection with these Terms or the Service shall be subject to the exclusive agreed jurisdiction of the Tokyo District Court in the first instance.