Terms of Service

Article 1 (Definitions)

In these Terms, the following terms have the meanings set out below.

• “The Service” means “cotobo,” a work-support web application provided by Tomoki Kawashima (“the Operator”) for users who give one-on-one instruction, such as online language lessons.
• “User” means an individual or business that registers for and uses an account on the Service.
• “Client” means a person who receives one-on-one instruction from a User and who, at the User’s discretion, uses the Service’s client-facing page (the “Portal”).
• “Client Information” means information about a User’s clients — such as name, contact details, and learning history — that the User enters or registers in the Service.
• “Content” means lesson notes, teaching materials, fee settings, and any other information that a User or Client enters or stores in the Service.
• The provisions of these Terms that concern Clients apply to a Client’s use of the Portal. The User is responsible for explaining this to the client before having them use the Portal, and a client is deemed to have accepted this by beginning to use the Portal.

Article 2 (Accounts)

• Anyone wishing to use the Service must register using true and accurate information.
• Users are responsible for managing their own login credentials — including their email address and password — and may not lend or share them with any third party.
• Any action taken through a registered account is deemed to have been taken by the User who owns that account.
• If a User becomes aware of any unauthorized use of their account, they must notify the Operator promptly.

Article 3 (Prohibited Conduct)

When using the Service, Users must not do any of the following:

• Violate any law or public order and morals
• Infringe the intellectual property, privacy, or other rights of the Operator or any third party
• Gain, or attempt to gain, unauthorized access to the Service’s systems
• Reverse-engineer, decompile, disassemble, or otherwise analyze the Service
• Interfere with, or risk interfering with, the operation of the Service
• Use Client Information a User has entered for any purpose beyond providing instruction
• Engage in any other act that the Operator deems inappropriate in light of providing the Service

Article 4 (Suspension and Other Measures)

• If a User violates these Terms, or the Operator reasonably determines that a violation is likely, the Operator may take any or all of the following measures against that User without prior notice:
  • Deleting all or part of the User’s Content
  • Temporarily suspending or restricting the User’s use of the Service
  • Deleting the User’s account
• The Operator is not liable for any damage incurred by a User or Client as a result of these measures.
• The Operator is under no obligation to explain the reasons for any measure taken under this Article.

Article 5 (Handling of Client Information and Content)

• Before registering Client Information in the Service, the User is responsible for obtaining any necessary consent from the client (or, if the client is a minor, from a parent or guardian) and for complying with applicable data protection law. The User acknowledges that, with respect to Client Information, the User is the data controller (a “personal information handling business operator”) under Japan’s Act on the Protection of Personal Information.
• With respect to Client Information a User enters into the Service, the Operator acts as a data processor and handles it only to the extent necessary to enable the User’s use of the Service. Except as required by law, the Operator will not use Client Information for any purpose beyond the User’s instructions.
• Responsibility for the content of any Content lies with the User or Client who entered it.
• When using the lesson recording feature, the User is responsible for obtaining the necessary consent — from the client (or, if the client is a minor, from a parent or guardian) — before recording.
• The User is responsible for ensuring that, for any teaching materials or other Content the User uploads to or enters into the Service, the User either holds the rights necessary to do so or is using the Content within the scope permitted by the Copyright Act or other applicable law. The User is responsible for confirming, on their own, that such Content does not infringe the intellectual property, privacy, or other rights of any third party.
• When the User causes the Service to send email to a client (such as lesson-review notifications, invoice delivery, or portal invitations), the User is responsible for obtaining the client’s consent to receive such email.

Article 6 (Position of the Service — Non-Involvement in Lesson Contracts)

• The Service provides tools that support a User’s work — recording lessons, managing schedules, creating invoices, tracking finances, and the like. The lesson contract between a User and a Client, lesson fees and any other exchange of money between them, and any disputes arising from these matters, are strictly between the User and the Client. The Operator is not a party to any of these matters and bears no responsibility for them.
• The Service’s invoicing and finance features assist Users with their own record-keeping and document preparation. The Operator does not process payments, transfers, or collections between a User and a Client.
• Exchange rates, currency conversion amounts, income/expense totals, invoice amounts, hourly rates, unbilled amounts, and other figures shown by the Service are reference values based on information the User has entered and information obtained from external services. The Operator provides the Service with reasonable care, but does not guarantee the accuracy, completeness, currency, or fitness for any particular tax or accounting purpose of these figures. The User is responsible for making their own determinations regarding invoice issuance, verifying amounts, tax filings, accounting treatment, and other matters. Exchange rates shown by the Service are reference values obtained from external sources and may differ from the actual rates used by financial institutions. The Operator is not liable for any damage incurred by a User or Client arising from errors in, or delayed or failed retrieval of, exchange rates, or from conversions based on them.
• The Operator has no involvement in, and bears no responsibility for, the quality, content, or outcomes of any lesson.

Article 7 (Beta Disclaimers)

• The Service is provided as a beta version that is still under development. The Operator makes reasonable efforts regarding the Service’s availability, the completeness of its operation, and the integrity of data, but does not guarantee any of these. The Service is provided “as is.”
• Unforeseen bugs, maintenance, server outages, and similar events may temporarily make the Service unavailable or cause some data to be lost. Users are encouraged to back up important data — such as lesson records and finance data — themselves, including by using the export features (e.g. CSV downloads) the Service provides.

Article 8 (Limitation of Liability)

• Except where caused by the Operator’s willful misconduct or gross negligence, the Operator is not liable for any damages incurred by a User or Client arising from the use, or inability to use, the Service.
• Even where the Operator is liable, such liability is limited to ordinary and direct damages. The Operator is not liable for special damages, lost profits, loss of business opportunity, or indirect damages arising from data loss, except where caused by the Operator’s willful misconduct or gross negligence.
• Even where the Operator is liable for damages, the amount of such liability is capped at the total Service fees the User actually paid to the Operator during the 12 months preceding the occurrence of the damage. However, where such a limitation is not permitted under the Consumer Contract Act or other mandatory law, this Article applies to the maximum extent permitted by that law.
• Where the Consumer Contract Act or other mandatory law applies, this Article applies only to the maximum extent permitted by that law.

Article 9 (Changes to and Termination of the Service)

• The Operator may change the content of the Service, or discontinue providing it, after giving Users advance notice.
• If the Operator discontinues the Service, it will make reasonable efforts to provide a way for Users to export their own data (such as lesson records and finance data).

Article 10 (Changes to These Terms)

• The Operator may amend these Terms. Amendments are made in accordance with the provisions of the Civil Code of Japan concerning changes to standardized terms (teikei yakkan).
• For changes that materially affect Users’ rights or obligations, the Operator will announce the content of the change and its effective date — via notice within the Service, by email, or by other appropriate means — before the effective date.
• A User is deemed to have accepted the amended Terms by using the Service on or after the effective date, or by performing a consent action for the amended Terms within the Service.

Article 11 (Governing Law and Jurisdiction)

• These Terms are governed by and construed in accordance with the laws of Japan.
• Any dispute between a User or Client and the Operator relating to the Service is subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Article 12 (Contact)

For questions about these Terms, please contact cotobo@proton.me.