Genba no Nihongo App
Terms of Service

1. Purpose

These Terms of Service set forth the conditions of use for the Genba no Nihongo app provided by the Organization for Technical Intern Training (hereinafter referred to as the “Organization”). They are applicable to all users of the App.

2. Definitions

Terms used in this document are defined as follows.
(i) The “App User” refers to any person who uses the App to access its services.
(ii) The “Host Device” refers to any device on which the App has been installed, e.g., a smartphone.

3. Consent

1. The App User must use the App only in accordance with these Terms of Service. The App User may not use the App without fully understanding and agreeing to the content of these Terms of Service.
2. By using the App, the App User is deemed to have fully understood and agreed to these Terms of Service.

4. Intellectual Property Rights

1. The Organization reserves all copyright rights, moral rights, trademark rights, know-how and any other intellectual property rights associated with services, programs and content that the Organization provides to the App User.
2. The App User shall use all services, programs and content provided by the Organization only as follows.
(i) Use the App only in accordance with these Terms of Service.
(ii) Do not copy, modify, edit, distribute or reverse engineer any part of the App.
(iii) Do not lend or transfer the App to a third party, allow a third party to inherit the App, or pledge the App as collateral to a third party, either for commercial purposes or for any other purpose.
(iv) Do not delete or change any of the Organization’s copyright or trademark notices.

5. Availability and Suspension of Use

1. In principle, the App will be available for use 24 hours a day, every day of the year. However, the Organization may suspend some or all functions of the App for maintenance or other reasons.

2. The Organization may interrupt or suspend use of the App under any of the following circumstances:
(i) To carry out planned maintenance of the equipment used to operate the App.
(ii) In the event that a telecommunications carrier is unable to provide service.
(iii) In the event of a natural disaster or other emergency, or if there has been a failure in the operation of the App.
(iv) Where operation of the App is prohibited due to laws or regulations.
(v) If the Organization deems it necessary to interrupt or suspend operation for any other reason.

6. Prohibited Actions and Penalties for Non-compliance

1. The App User must not take any of the following actions while using the App.
(i) Use the App other than for its intended purpose.
(ii) Obtain unauthorized access to the App, interfere with the App’s server or network system, manipulate the App without authorization, or intentionally take advantage of bugs or other vulnerabilities in the App.
(iii) Make repeated unnecessary identical or similar queries, make unreasonable demands for the provider, or commit any other acts that interfere with the correct management and operation of the App by the provider and/or the use of the App by third parties.
(iv) Intentionally send a file infected with a virus or malware to the App.
(v) Commit any acts that may violate the law, be detrimental to public order or morals, or benefit anti-social elements of society; impersonate the provider or a third party, or intentionally disseminate false information.
(vi) Collect, disclose or provide third-party personal information or usage information without authorization.
(vii) Any other act that the Organization deems detrimental, or likely to be detrimental, to the proper functioning of the App.

2. The Organization reserves the right to suspend the App User from use of the App without prior notice if it determines that the App User has engaged or may engage in any of the actions listed in items above.

7. Host Device and Communications

1. The App User is responsible for preparing at his/her own expense all equipment and software — including a smartphone and data connection — necessary to use the App. The App User shall undertake the necessary procedures to make such preparations on their own responsibility.

2. Communications tariffs and any other costs involved in using the App shall be borne by the App User.

3. If the App User is a minor, he/she should use the App on a smartphone that his/her parent or other legal representative has granted him/her permission to use for this purpose.

8. Disclaimer

The Organization assumes no liability for any damage suffered by the App User or any third party in connection with use of the App — including virus or malware infection when using the App — or negative consequences of inability to use the App for any reason, including suspension or restriction of service, App malfunction, and communications failure. However, this disclaimer does not apply to damage caused in whole or in part by intentional acts or gross negligence on the part of the Organization.

9. Discontinuation of Use

The App User may discontinue using the App at any time by deleting the App from the Host Device.

10. Revisions to the Terms of Service

1. The Organization reserves the right to revise these Terms of Service at any time without prior notice.

2. The Organization shall post any revisions to the Terms of Service within the App as soon as possible, and the revised Terms of Service shall have effect from the time of such posting.

3. By using the App after revised Terms of Service have been posted, the App User is deemed to have fully understood and agreed to the revised Terms of Service.

11. Prohibition of Transfer

The right to use the App cannot be transferred, loaned or pledged as collateral to, or inherited by, any third party.

12. Contacting the Organization

The App User may contact the Organization using the method specified within the App.

13. Governing Law and Jurisdiction

1. These Terms of Service and any matters concerning use of the App shall be governed by the laws of Japan.

2. The Tokyo District Court shall have exclusive jurisdiction as the court of first instance to hear any disputes arising between the Organization and the App User in connection with the App.

Date of last update:March 1, 2021