1. Company Services

Metoche consists of all text, data, information, software, graphics, photographs, and other materials (collectively, the "Content") that may be provided to you by us or our affiliates, including any of our websites ("the Platform") and services, plugins, software, or other downloadable tools that we may offer through the Platform.

2. Scope

You may access and use this website in accordance with these Terms. Please note that the conditions set forth in these Terms apply to your use of the website, including the process of scheduling appointments with you, but are not limited to such use.

When using the website's features, you may be subject to contracts, policies, or guidelines applicable to such features, which may be posted from time to time. All such agreements, policies, or guidelines, including the Privacy Policy, are incorporated into these Terms.

3. General Use

Please use this website for personal purposes only and not for resale.

Subject to compliance with these Terms, you are granted a limited, personal, non-exclusive, non-transferable license to use and display the Content and a limited, personal, non-exclusive, non-transferable license to access and use this website after setting up an account as described below. You may not modify, edit, copy, reproduce, create derivative works, reverse engineer, alter, or use any part of this website in any manner. If you copy any part of this website for permitted purposes, you must include all copyright and other proprietary notices contained on this website in your copies.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable license to download, install, and operate plugins, software, information, or other content explicitly identified as downloadable within this website, solely for access to the website.

4. Educational Use

Children under the age of 13 may only use the service under accounts created by parents/guardians or schools/educators, and the use of the service otherwise is explicitly prohibited.

5. Account Setup

To use this website, you must set up a Metoche account. You are granted permission to set up only one account. We reserve the right to terminate any additional accounts set up by you that have been inactive for six months or more.

When creating an account, you will be required to provide registration-related information such as email addresses and names. We will independently determine whether to approve the proposed account upon submission of the necessary registration information. Upon approval, an email explaining the completion of registration will be sent. By using the account, you agree to provide true, accurate, current, and complete information directly by logging into your account and making relevant changes as long as you use the account. You are responsible for accessing and using this website in accordance with these Terms. As it is your account, it is your obligation to obtain and maintain all equipment and services necessary for access to and use of this website and to pay all related fees. You agree to select a strong and secure password and to maintain the confidentiality of your password, including passwords for third-party sites that allow access to this website. If you believe that the password or security of the website has been compromised in any way, you must notify us immediately at support@metoche.com.

6. Service Fees

The consideration for the use of paid services ("Service Fees") shall be as separately specified by us. For details of the Service Fees, please refer to the homepage (https://metoche.com/).

Users of paid services shall pay the Service Fees by the method separately specified by us (any handling fees shall be borne by you). Please note that receipts for the Service Fees paid will not be issued.

We reserve the right to change the Service Fees at our discretion. The procedures for changing the Service Fees shall be subject to the following changes.

7. Compliance with Laws

You agree to comply with all applicable domestic and international laws, regulations, ordinances, and rules governing the use of this website. As permitted by our Privacy Policy, we reserve the right to take any measures we deem appropriate, including canceling user accounts and reporting suspected illegal activities to law enforcement agencies, regulatory authorities, or other third parties and disclosing any necessary or appropriate information about individuals or organizations related to profiles, email addresses, usage histories, posted materials, IP addresses, and traffic information. You agree to promptly notify us if you become aware of any unauthorized or illegal use of the website.

8. Intellectual Property

This website may contain service marks or trademarks of ours, affiliates, or other companies, in the form of words, graphics, or logos. Your use of this website does not constitute a right or license to use such service marks or trademarks. This website is protected under international copyright law. You are strictly prohibited from reproducing, redistributing, using, or publicly displaying any part of this website. Your use of this website does not grant you any ownership rights to this website.

9. Notification and Communication

By using this website, you consent to receiving emails from us. These emails may contain notifications regarding transactional information or other information related to or concerning the website. These emails are part of your relationship with us. By scheduling meetings with Metoche Users as a Participant, you agree to receive transactional emails related to the scheduled meetings. Additionally, as a Participant, if you provide your phone number for text reminders, you also consent to receiving SMS text reminders from us related to your scheduled meetings with Metoche Users.

You agree that any notifications, agreements, disclosures, or other communications electronically sent to you by us will satisfy any legal communication requirements, including that such communications are in writing. You agree to keep your contact information up to date, check your email settings, and consent to receiving emails from us at your discretion.

10. Links to Other Websites

This website may display links to third-party websites for the convenience of users. These links are provided solely for user convenience. By linking to these websites, we do not create, endorse, sponsor, or affiliate with such third-party websites. The inclusion of links within this website does not constitute an endorsement, warranty, approval, or recommendation of such third-party websites. We do not manage the legal documents or privacy practices of third-party websites and by using them, you may grant third parties permissions to use or manage information in ways we do not.

11. Unauthorized Activities

We only permit the use of this website for authorized purposes. Any other use of this website beyond authorized purposes is prohibited and constitutes misuse of the website. This is because all rights related to this website belong to us.

• • Unauthorized use of this website may result in violations of various international copyright laws, deletion of Metoche accounts, or blocking of the website.
• • For example, unauthorized use of this website includes:
  • ◦ Modifying, publishing, disclosing, performing, reproducing, or distributing any part of this website
  • ◦ Violating applicable laws or these Terms
  • ◦ Engaging in stalking, harassment, spamming, or activities harmful to individuals, organizations, or businesses
  • ◦ Disclosing unauthorized information
  • ◦ Impersonating individuals or organizations, falsifying personal data, or misrepresenting relationships with individuals or organizations
  • ◦ Interfering or disrupting servers or networks connected to this website
  • ◦ Using data mining, robots, or similar data collection or extraction methods associated with this website
  • ◦ Spreading viruses, worms, or other harmful code
  • ◦ Attempting unauthorized access to any part of this website or other accounts, computer systems, or networks connected to this website through hacking, password mining, or other means

12. Indemnification

You shall be solely responsible for any violations of these Terms. You agree to indemnify and hold harmless us, our parent companies, subsidiaries, affiliates, officers, agents, employees, resellers, or other partners, and licensors from and against any claims, demands, losses, or damages, including reasonable attorney's fees, arising from or related to personal data or resulting from your use of or exemption from such use, but not limited to, personal data processing by us or you based on these Terms, or claims that processing personal data by us or you violates applicable laws or regulations, or violates privacy or intellectual property rights of third parties, or your violation of these Terms or related laws. This includes, but is not limited to, any content you disclose to us through allegations of Metoche website usage, website usage, violation of these Terms, or related laws.

13. Infringement of Intellectual Property Rights

In accordance with our policy, we may suspend access to this website (or any part thereof) or suspend accounts in proper condition for Metoche Users who use this website and infringe upon the intellectual property rights of others. We have procedures in place to receive and process written notices of copyright infringement claims. If you believe that copyright or other intellectual property rights have been infringed by a Metoche User using this website, please send a written infringement notice to support@Metoche.com. To expedite the processing of your claim, please include the following in your written notice:

• • Physical or electronic signature.
• • Identification of the allegedly infringed copyrighted work or other intellectual property.
• • Identification of the material allegedly infringing and sufficiently accurate identification of the material to enable us to locate it.
• • Sufficient information for us to contact you (including postal address, telephone number, and email address).
• • A statement that you believe in good faith that the use of the copyrighted work or other intellectual property is not authorized by the owner, its agent, or the law.
• • A statement that the information in the notification is accurate.
• • A statement that, under penalty of perjury, you are authorized to act on behalf of the copyright or other intellectual property rights holder. We reserve the right, in our sole discretion, to terminate the account or access of Metoche Users or Participants who are the subject of repeated infringement notices.

14. Disclaimer of Warranties

We provide this website and all content on an "as is" and "as available" basis, with all faults, and all risks related to quality and performance are assumed by you. We expressly disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement of ownership and intellectual property rights.

We do not warrant that this website will meet your requirements, be uninterrupted, timely, secure, error-free, or that any defects will be corrected. We make no warranties regarding the accuracy or reliability of results or information obtained from this website. We make no warranties, whether oral or written, obtained through this website or from us or our subsidiaries or other affiliates. We disclaim all equitable remedies.

15. Limitation of Liability

We shall not be liable to you or any third party for damages arising from the use of this website, or from the inclusion, copying, downloading of materials, or any indirect, special, punitive, incidental, consequential damages (including loss of data, revenue, profit, opportunity, reputation, use, or other economic loss), even if such damages were foreseeable, regardless of the form of action (whether in negligence, contract, misrepresentation, or otherwise).

In no event shall our total liability for any claims related to these terms or this website exceed ¥10,000, regardless of the form of action (whether in negligence, breach of contract, misrepresentation, or any other cause).

This limitation of liability constitutes a fundamental part of these terms and applies to any claims against us, even if we were aware of the possibility of such damages, and even if these remedies fail of their essential purpose.

16. Applicable Law

Our company manages and operates this website from our headquarters located in Japan. Please note that the entire website may not be appropriate or available for use in other countries. If you choose to access this website from outside Japan, you are responsible for complying with the applicable local laws in your jurisdiction.

17. Governing Law

You agree that regardless of any conflicts of law principles, Japanese law shall govern these terms, and you agree that the Tokyo District Court shall have exclusive jurisdiction over any disputes related to these terms.

18. General Provisions

These terms, along with the Privacy Policy, constitute the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and us regarding this website and our services. Our rights under these terms shall survive termination of these terms. Additional terms, provisions, consents, waivers, modifications, or amendments shall be binding only if agreed to in writing by both parties.

We shall not be liable for any delay or failure to perform obligations under these terms due to events beyond our reasonable control, including but not limited to strikes, lockouts, acts of war, terrorism, riots, natural disasters, power outages, or reductions in power, telecommunications, data networks, or services.

Unless specifically indicating otherwise in writing (including via email to support@metoche.com), we may disclose your company as a customer of Metoche (if you are using Metoche for business purposes or using a business email address as a Metoche User email address) and may use your company name and logo in promotional content on this website and Metoche. Any other use requires prior written consent.

19. Changes

These terms are effective as of the above effective date. Any changes will be posted on this page, so please check regularly. By continuing to use Metoche after such changes become effective, you agree to the revised terms.

20. Provider Terms

When users sign up to become providers on the Metoche platform (hereinafter referred to as the "Provider"), they agree to comply with these Provider Terms (hereinafter referred to as the "Terms"). These Terms constitute part of the general terms of service, which govern the use of the Metoche service (hereinafter referred to as the "Service").

• (1) Provider's Obligations

• • As a Provider, users are responsible for all content they post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course introduction page content, labs, evaluations, notices, and any other content (hereinafter referred to as "Posted Content").
• • Users represent and warrant that:
  • • • They will provide and maintain accurate account information.
  • • • They have the necessary licenses, rights, consents, permissions, and authorizations to allow us to use their Posted Content in accordance with these Terms and the Terms of Service.
  • • • Their Posted Content does not infringe upon or misuse any third-party intellectual property rights.
  • • • They possess the qualifications, certifications, and expertise (including education, training, knowledge, and skills) necessary to provide the services they offer through their Posted Content and the use of the Service.
  • • • They will provide services that meet industry and general educational service standards.
• • Users guarantee that they will not:
  • • • Post or provide content or information that is inappropriate, offensive, racially discriminatory, malicious, discriminatory, pornographic, false, misleading, inaccurate, invasive, defamatory, or damaging to reputation.
  • • • Post or send unauthorized or unsolicited advertising materials, spam, or other forms of solicitation (whether for commercial purposes or not) through the Service.
  • • • Use the Service for purposes other than providing services purchased by buyers.
  • • • Engage in activities that require us to obtain licenses from or pay royalties to third parties, including royalties for performances of musical works or sound recordings.

• (2) Grant of License to Us

• • Users grant us the right to use, sell, and otherwise exploit their Posted Content. This includes the right to caption or modify Posted Content to ensure accessibility. Users also acknowledge that we may sublicense the above rights to third parties, including directly to buyers and through third-party resellers, distributors, affiliate sites, transactional sites, and paid advertisements on third-party platforms.
• • Unless otherwise agreed, users have the right to remove all or part of their Posted Content from the Service at any time. Unless otherwise agreed, our sublicense rights to Posted Content will terminate 60 days after the removal of the content. However, rights granted to buyers before the removal of Posted Content will continue in accordance with the terms of their licenses, including licenses without duration limits. Our rights to use Posted Content for marketing purposes will survive termination.
• • We may record and use all or part of users' Posted Content for quality management, delivery, marketing, advertising, demonstrations, or operation purposes.

• (3) Trust and Safety

• • 3.1 Trust and Safety Policy
• • Users agree to comply with any other content quality standards or policies we may establish from time to time. Users understand that they cannot use the Service without our approval, which we may grant or deny at our discretion.
• • We reserve the right to remove Posted Content, suspend payments, and/or expel Providers at any time and without prior notice for any reason, including but not limited to:
  • • • Non-compliance with our established policies or legal terms (including the Terms of Service).
  • • • Posted Content that does not meet our quality standards or may adversely affect buyers' experiences.
  • • • Actions that may lead to unfavorable evaluations for us or bring general disrepute, contempt, scandal, or ridicule upon us.
  • • • Use of the Service for unfair competition, such as advertising off-platform businesses in ways deemed inappropriate by us.
  • • • The above shall be determined at our sole discretion.
• • 3.2 Relationship with Other Users
• • Users agree not to use data received through the Service for any purpose other than providing services to the respective buyers on our platform. Users also agree not to request additional personal data outside of our platform or store buyers' personal data. Users agree to indemnify us against any claims arising from their use of buyers' personal data.
• • 3.3 Copyright Protection Efforts
• • To protect users' content from misuse, we partner with copyright protection agencies. Users appoint us and our copyright protection agencies as their agents to exercise their copyrights and perform other activities to protect their rights. Users agree that we and our copyright protection agencies retain these rights unless users revoke them by sending a specific email to us within 48 hours of our acknowledgment.

• (4) Services Utilizing AI

• • Services sold by Providers utilizing AI are for displaying various information and we do not warrant their accuracy and completeness. Providers are responsible for their services, and we are not liable for any results arising from the information provided by AI.

• (5) Usage Fees

• • Please refer to our website for the usage fees of the Service.

• (6) Refunds

• • We offer refunds for all qualifying services within 30 days of completion to ensure satisfactory service experience. Refund requests must comply with our refund policy guidelines. Our refund policy aims to protect buyers' interests, safeguard Providers from fraud, and ensure fair payment schedules. Payments are transferred to Providers after service completion, and refund requests after service completion will not be entertained.
• • We reserve the right to limit or deny refund requests deemed fraudulent at our sole discretion. Such refund requests may include, but are not limited to:
  • • • Services already provided before a refund request is made.
  • • • Multiple refund requests from the same buyer.
  • • • Users with accounts reported, banned, or restricted due to violations of Metoche's terms of service or restricted access to courses.

• (7) Trademarks

• • Users may use our trademarks if approved by us, subject to the following requirements:
• • Users must:
  • • • Use images of our trademarks provided by us according to our published guidelines.
  • • • Use our trademarks only for promoting and selling their Posted Content or for their participation in our platform.
  • • • Cease using our trademarks immediately upon our request.
• • Users must not:
  • • • Use our trademarks in a manner that could cause misunderstanding or defamation.
  • • • Imply that we endorse, sponsor, or approve users' Posted Content or services.
  • • • Use our trademarks in a manner that violates applicable laws or relates to obscene, indecent, or illegal topics or materials.

21. Contact

For questions or comments regarding these Terms, please contact us at support@metoche.com.