How It Works

Why Kichi

Pricing

language icon

KICHI TERMS OF SERVICE

Last update: 13 March 2021

By accessing or using KICHI, you agree to be legally bound by Terms of Service. Please read this document carefully. If you do not agree with one or more provisions of these Terms of Service, you should not use KICHI.

1. GENERAL INFORMATION

1.1 These Kichi Terms of Service (the “Terms”) constitute a legally binding agreement between Robert Sherling having an address at Minato-ku Aoyama 2-2-15, Win Aoyama 942, Tokyo-to 107-0062, Japan (“we”, “us”, and “our”) and an individual user or an entity (“you” and “your”) accessing the website https://learnkichi.com (the “Website”) and the related software application ‘Kichi’ (the “App”) (collectively, “KICHI”).

1.2 License to use KICHI. We grant you a worldwide, personal, revocable, non-exclusive, non-transferable and limited license to use KICHI pursuant to these Terms.

1.3 Disclaimer. Although we regularly monitor the information available on KICHI, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of all information, whether provided by us or by third parties.

1.4 Third-party links. KICHI may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.

1.5 Support. Any general requests for customer support should be addressed to us by email at contact@kichi.io.

1.6 Minors. KICHI is not intended for use by persons under the age of 14. Only persons who are at the age of majority (18) can register their user accounts and make payments. Thus, if you would like to allow your child under 18 to use KICHI, you must register your user account by using your personal data and payment details.

1.7 Privacy and other relevant terms. The documents that include important provisions regarding your use of KICHI and should be read and interpreted together with these Terms are (i) our Privacy Policy which describes in detail how we handle your personal data collected through KICHI and other individual terms and conditions made available by us through KICHI.

2. FEES AND PAYMENTS

2.1 The Fees. Your use of the App is subject to the applicable subscription fees (the “Fees”) payable on a recurrent basis (monthly or annually). By concluding a sales contract with us (i.e. purchasing your subscription), you agree to pay the Fees for each billing cycle in accordance with these Terms, the terms and conditions of the respective Fees, and other terms and conditions in force at the moment the sale contract is concluded. The Fees are charged automatically at the beginning of each billing cycle (monthly or annually). Unless you cancel the subscription prior to the expiration of the then-current subscription term, we will automatically renew the subscription plan based on its renewal cycle  and charge your payment method with the applicable Fees. By placing your order, you authorise, agree and assent to us automatically billing your credit card for the Fees due. The Fees are indicated in the United States dollars (USD) or Japanese yen (JPY) and remain valid for as long as (i) they are featured on KICHI or (ii) as communicated by us. The Fees are subject to a change with at least 30 calendar days prior notice to you (if you hold a subscription) or without notice (if you do not hold a subscription).

2.2 Taxes. Unless indicated otherwise, the Fees exclude all applicable sale taxes (e.g., VAT), levies, and other duties. If the taxes are not included in the Fees, you are responsible for paying the said taxes.

2.3 Payment methods. The Fees are payable by using a credit card. Your payments are processed by Stripe, our third-party payment service provider (“Stripe”). Stripe collects some personal data from you (for example, your name, credit card number, and billing address). Stripe handles all steps in the payment process through its systems, including data collection and data processing. You are  responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You shall not hold us liable for payments that do not reach us due to your error (e.g., incorrect payment information) or if Stripe refuses the payment for any other reason.

2.4 Trial Period. We offer a 7-day trial period that allows you to try KICHI free of charge (the “Trial Period”). As soon as your Trial Period expires, we will start charging the Fees in accordance with the subscription plan chosen by you. If you wish to terminate the Trial Period and avoid automatic billing, you must do it before its expiration through your user account.

2.5 Refunds. Taking into account that we offer the Trial Period, we do not issue refunds for any Fees paid. If you use KICHI as a consumer and, in your country, you have the right of withdrawal, you may withdraw from the service contract with us within the period of 14 days after the service contract was concluded, unless the provision of the services was completed by us. In order to terminate the service contract and receive a refund, you must inform us of your decision to withdraw from the contract by email at contact@kichi.io. We will refund the Fees to your payment method. If you act as a business, trader, or use KICHI for professional purposes, you are not entitled to exercise your right of withdrawal.

2.6 Cancellation of subscription. The subscription must be cancelled at least 7 calendar days prior to expiration of the then-current billing period through your user account (please choose the option “Manage billing” and click on “Cancel”) to avoid automatic renewal and charge. If you cancel your subscription later, your request will be handled on a best-efforts basis, therefore, the cancellation will not be guaranteed. The cancellation request can be submitted through your user account or by contacting us at contact@kichi.io. Your inactivity on KICHI does not substitute your request for the cancellation of your subscription.

3. USER ACCOUNT

3.1 Registration of User Account. In order to use the full functionality of the App (e.g. access the translation and language learning services), you must register a user account (the “User Account”). Before creating your Account, you will be requested to read and accept these Terms and review our Privacy Policy. Your User Account is not transferable and you are solely responsible for any activities occurring through your User Account. We reserve the right, at our sole discretion, to refuse registration of any User Account for any reason whatsoever.

3.2 Your warranties. By registering your Account, you acknowledge, agree, and warrant that:

  • You will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of KICHI;
  • You will not use KICHI for any illicit purposes;
  • You provide only true, accurate, complete, and up-to-date personal data;
  • You will update your user Account as soon as any changes to your personal data or other information occur;
  • You are at least 18 years old;
  • You can conclude legally binding contracts with us;
  • You are not under any type of judicial interdiction;
  • You will register a single User Account; and
  • You are a human individual.

3.3 Security of User Account. You are solely responsible for maintaining the confidentiality of your User Account, including keeping secure your login details. You agree to immediately notify us about allegedly unauthorised use of your User Account or any other security breach related to your User Account. You are also responsible for using secure Internet connection and protected networks while using KICHI. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations

3.4 Deletion of User Account. At any time, you may delete your User Account by contacting us at support@kichi.io. Upon deletion of the User Account, these Terms shall terminate.

3.5 Suspension and termination of the Account. We reserve the right to suspend or terminate your Account if, at our sole discretion, you fail to pay the Fees or we have grounds to believe that your use of KICHI seriously and repeatedly breaches these Terms. We may also suspend or terminate your User Account upon a lawful request of a public authority.

3.6 Access to your data. If your User Account is suspended or deleted, you will not be able to access a part of all data that you have uploaded onto KICHI or created by using KICHI (e.g. your flashcards and texts). If you cancel your subscription but keep your User Account active, you will be able to access data that is stored locally on your device (the data will not be backed up to our servers) and use a part of KICHI. Your access to your data may be restored if you cancel your subscription and reactivate it later. Therefore, you are solely responsible for creating backup copies of any data that you submit or create through KICHI.

4. INTELLECTUAL PROPERTY

4.1 KICHI content. Most of the content available on KICHI, including all information, software, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, the “KICHI Content”) is owned by us, our partners, agents, licensors, vendors, and/or other content providers. The KICHI Content is protected by applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorisation from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to the KICHI Content to third parties, or use any manual or automated means to scrape any content available on KICHI.

4.2 KICHI brand. You may not use the brand, the word or figurative trademarks associated with KICHI or third-party trademarks without prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.

4.3 Third-party intellectual property. Some of the intellectual property assets, such as third-party trademarks, featured on KICHI may be owned by other third parties. Such third-party intellectual property does not belong to us and it remains the sole property of the respective third-party proprietors.

4.4 Copyright infringement claims. If you have any grounds to believe that any content available on KICHI violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.

4.5 Your Content. By uploading any content onto KICHI (e.g. images, text, and links) (“Your Content”), you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to store, use, distribute, advertise, adapt, remix, modify, display, perform, excerpt, prepare derivative works of, and reproduce Your Content for the purposes of providing you with the requested services and carrying out our legitimate business interests. You understand and agree that, in order to ensure the security of KICHI, we may, but have no obligation to, monitor or review Your Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove Your Content, in whole or in part, that violates these Terms or may harm the reputation of KICHI.

5. PROHIBITED USE

5.1 KICHI can be used for lawful purposes only. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws. You are not permitted to use KICHI in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):

  • Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
  • Any unauthorised access to machines, programs, data, or committing any other forms of cyber offences;
  • Fraud;
  • Provision of false, inaccurate, or misleading information;
  • Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
  • Spreading ethnically, racially, or otherwise objectionable information;
  • Spreading sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
  • Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening KICHI;
  • Interfering with or abusing other users of KICHI;
  • Using bots, scripts, and other automated methods; and
  • Collecting and disclosing any information about other users of KICHI.

6. AVAILABILITY AND FORCE MAJEURE

We put reasonable efforts to ensure that KICHI is always accessible to you. However, the availability of KICHI may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: acts of God; strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of KICHI caused by such factors.

7. DISCLAIMER OF WARRANTIES

7.1 We provide KICHI on “AS AVAILABLE”, “AS IS”, and “WITH ALL FAULTS” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of KICHI, any content featured on KICHI, whether provider by us or by third parties, and hereby disclaim all warranties regarding KICHI and its operation.

7.2 It is your sole responsibility to verify and assess the fit for the purpose of KICHI prior to using it and to decide whether or not KICHI fits for the intended use.
7.3 By using KICHI, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.

7.4 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.

8. LIMITATION OF LIABILITY

8.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of KICHI, any content made available through KICHI, whether provided by us or by third parties, any transactions concluded through KICHI, or use of KICHI for unauthorised or unlawful purposes. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.

8.2 This Section 8 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

9. INDEMNIFICATION

You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of KICHI, or your violation of any law or the rights of a third party.

10. SEVERITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

11. GOVERNING LAW AND DISPUTES

11.1 Governing law. These Terms shall be governed and construed in accordance with the laws of Japan, without regard to its conflicts of law provisions.

11.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to binding online arbitration. This Section 11 does not affect any statutory rights that you are entitled to as a consumer.

12. MISCELLANEOUS

12.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms or when you accept them and remain in force until updated or terminated by us.

12.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on KICHI. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of KICHI, or our business practices. We will send you a notification (if we have your email address) about any material amendments to the Terms that may be of importance to you. You are responsible for regularly reviewing these Terms. Your continued use of KICHI after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through KICHI at any time, at our sole discretion.

12.3 Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:

  • Send you a formal warning;
  • Temporarily or permanently prohibit your use of KICHI;
  • Report you to the relevant public authorities; or
  • Commence a legal action against you.

12.4 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by deleting your User Account, cancelling the Fees, and ceasing to use KICHI.

12.5 Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or sell all or substantially all of our assets, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.

12.6 Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of KICHI.

13. CONTACT

If you have any questions about these Terms, please contact us by using the following contact details:

Email: contact@kichi.io

Postal address: KICHI, Robert Sherling, Minato-ku Aoyama 2-2-15, Win Aoyama 942, Tokyo-to 107-0062, Japan

[END]

Home

Why Kichi

How It Works

Pricing

Contact

language icon

Act on Specified Commercial Transactions

Copyright © 2022 Kichi

Terms of Service

Privacy Policy