Terms of Paid Services
These Terms of Paid Services especially set forth terms and conditions of the Service that the Registered User uses with charge (the "Paid Service") provided by application software named "POLYGLOTS" that POLYGLOTS Inc. ("POLYGLOTS") offers as well as rights and duties relationship between POLYGLOTS and the Registered User. You need to agree to these Terms of Paid Services to use the Paid Service as well as the POLYGLOTS App Terms of Service (the "Terms of Service") with regard to the Service provided by POLYGLOTS. If you do not agree to these Terms of Paid Services, please do not purchase and use any Paid Contents for the Paid Services; even if you did not agree to these Terms of Paid Services, the Registered User may still continuously use the Service other than Paid Service pursuant to the Terms of Service. In the event there is a discrepancy or a difference between a Japanese edition and a translation of these Terms of Paid Services, the Japanese edition shall prevail.
Article 1 (Range of application of the Paid Terms)
1. These Terms of Paid Services (the "Paid Terms") especially intend to set forth terms and conditions of the Paid Services as well as rights and duties relationship between POLYGLOTS and the Registered User. The Paid Terms are applied to all the relationships between POLYGLOTS and the Registered User concerning the use of the Paid Services.
2. The Paid Terms as well as the Terms of Service are applied to the Paid Services. If the Paid Terms are different from the Terms of Service, the Paid Terms shall prevail and be applied.
Article 2 (Definitions)
1. "Service" means language study support services including display service of dictionary data necessary for reading articles of news papers, magazines and literatures provided by application software named "POLYGLOTS" as well as distribution service of character data and voice data of recited those articles.
2. "Registered User" means a person who is registered with POLYGLOTS as a user of the Service pursuant to the Terms of Service.
3. "Paid Service" means the service, among the Service provided by POLYGLOTS, that POLYGLOTS receives charges for use of the services from their users as purchase prices of Paid Contents.
4. "Paid Service User" means the Registered User who also uses the Paid Services.
5. "Paid Service Agreement" means an agreement concerning the use of the Paid Service pursuant to the provisions of the Paid Terms to be formed between POLYGLOTS and the Paid Service User pursuant to Article 3.
6. "Paid Contents" mean applications software and relevant data to use the Paid Services provided by POLYGLOTS.
7. "Payer of the Paid Contents" means a company or an individual person who pays the charges for use of the Paid Contents purchased by the Paid Service User. Payer of the Paid Contents may be the same as or different from the Paid Service User.
8. "Application Stores" mean application stores, such as App Store and Google Play Store, where POLYGLOTS offers application software "POLYGLOTS".
Article 3 (Formation of Paid Service Agreement)
1. By purchasing any of the Paid Contents and using any of the Paid Services, the Payer of the Paid Contents who paid for the charges for use of the said Paid Contents and the Paid Service User who used the said Paid Services shall be deemed to have read and understood to be bound by the Paid Terms, and agreed to the Paid Terms.
2. Any individual Payer of the Paid Contents who paid any Paid Contents and any individual Paid Service User who used any Paid Services shall be deemed to have confirmed that each is older than 20 years old; or each is not an adult ward, a person under curatorship or assistance; or in case of being younger than 20 years old, each has obtained his/her legal representative's consent respectively; or in case of being an adult ward, a person under curatorship or assistance, the consent of a guardian, a curator or an assistant has been obtained.
3. A Paid Service Agreement in accordance with terms and conditions of the Paid Terms is concluded between POLYGLOTS and the said Paid Service User who agreed and confirmed pursuant to the preceding two paragraphs, concerning to the said Paid Contents that the said Paid Service User has used.
Article 4 (Conditions of using the Paid Service)
1. Only the Registered User of the Service may use the Paid Service. The Paid Service User needs to purchase the Paid Contents to use the Paid Service. The Paid Service User or a Payer of the Paid Contents on behalf of the Paid Service User may pay for the charges for use of the Paid Contents.
2. The Payer of the Paid Contents shall pay the charges for use of the Paid Contents to operators of Application Stores who sell the said Paid Contents. In order to make such payments, the Payer of the Paid Contents shall meet all requirements for payments of the charges for use of the Paid Contents, such as having an account at an Application Store where the Paid Contents are sold and registration of payment method with such an Application Store.
3. With regard to payment means and methods for the charges for use of the Paid Contents, the Paid Service User and the Payer of the Paid Contents shall comply with any contracts and applicable rules among them and operators of Application Stores where the said Paid Contents are sold. POLYGLOTS has no involvement at all in such payment means and methods.
Article 5 (Kinds of the Paid Services)
The Paid Services provided by POLYGLOTS are the following services.
1. One-shot purchase type service
To use this kind of service, the Paid Service User is required to pay the charges for use of the Paid Contents only once as purchase prices. Thereafter, the Paid Service User may use the purchased Paid Contents indefinitely in principle.
2. Subscription type service
To use this kind of service, the Paid Service User is required to pay the fixed charges for use of the Paid Contents monthly. By making monthly payments of the fixed charges for use of the Paid Contents from the first payment for the purchased Paid Contents, the Paid Service Agreement for using the purchased Paid Contents is renewed.
Article 6 (Purchase of the Paid Contents and methods of payment of the purchase price)
1. The charges for use of the Paid Contents provided by POLYGLOTS will be displayed as selling prices by one-time payment of each Paid Contents in the applications software provided by POLYGLOTS. The amount of such charges may be changed from time to time by sole discretion of POLYGLOTS. With regard to the charges for subscription type services, the changed charges shall be applied upon renewal of the Paid Service Agreement by the first purchase of the Paid Contents at the changed selling prices.
2. The Payer of the Paid Contents shall directly pay the charges for use of the Paid Contents to operators of Application Stores who sold the said Paid Contents pursuant to any contracts between the Paid Service User or the Payer of the Paid Contents and the said operators of Application Stores.
3. With regard to any inquires as to payment of the charges for use of the Paid Contents or any requests as to refund of paid charges for use of the Paid Contents, the Payer of the Paid Contents or the Paid Service User shall directly get in touch with the operators of Application Stores where the Paid Contents were purchased or credit card companies, etc. POLYGLOTS does not deal with any inquires or requests from the Payer of the Paid Contents or the Paid Service User at all as to payment of the charges for use of the Paid Contents or refund of paid charges for use of the Paid Contents.
4. The Payer of the Paid Contents and the Paid Service User shall manage the payment means such as credit cards to purchase the Paid Contents and any information concerning payment means adequately. In the event that the Payer of the Paid Contents or the Paid Service User managed or used their payment means and relevant information inappropriately and suffered such damages in using the Paid Services as any third parties' purchase of the Paid Contents under the name of the Payer of the Paid Contents or the Paid Service User, POLYGLOTS assumes no responsibility whatsoever for such damages, unless such damages are attributable to POLYGLOTS's willful intent or gross negligence.
Article 7 (How to use the Paid Service)
1. The Paid Contents that the Paid Service User purchased at Application Stores are available with any devices used by the said Paid Service User after the payment of charges for use of the said Paid Contents. So long as being used by him/herself, the Paid Service User may use the purchased Paid Contents in more than one device.
2. The Paid Service User may use the Paid Contents for one-shot purchase type services indefinitely in principle, until POLYGLOTS ceases to provide the Paid Service User with the Paid Services using the said Paid Contents. The Paid Service User may use the Paid Contents for subscription type services until the date of termination of the current Paid Service Agreement as to the said Paid Contents, when is the due date of the charges for use of the same Paid Contents for the next renewed period of the Paid Service Agreement. When the Paid Service User renewed the Paid Service Agreement as to the same Paid Contents, then the same Paid Service User may use the Paid Service continuously pursuant to the renewed Paid Service Agreement as to the same Paid Contents.
Article 8 (Suspension of the Paid Service)
1. In the event that a Paid Service User terminates the use of the Paid Contents for one-shot purchase type service, the Paid Service User shall notify POLYGLOTS of his/her intention to terminate the use of the Paid Contents and delete the data of the Paid Contents from any and all devices in which the Paid Service User used the Paid Contents.
2. In the event that the Paid Service Agreements as to subscription type services are automatically renewed, the charges for use of the Paid Contents will be automatically charged to a payment means of the Payer of the Paid Contents, until the Paid Service User will notify the operators of Application Stores where the Paid Contents were purchased of his/her intention to terminate the automatic renewals of the Paid Service Agreements as to the Paid Contents.
3. The Paid Service user may confirm the dates of termination of the current Paid Service Agreements at application management screens provided by the operators of the Application Stores where the Paid Contents for the Paid Service were purchased. When the Paid Service User terminates the subscription type services, the Paid Service User shall take the procedures to terminate the subscriptions at application management screens provided by the operators of the Application Stores where the Paid Contents for the Paid Service were purchased.
4. Even if a notice and a request for termination of subscription of the Paid Contents were made to POLYGLOTS instead of any procedures described in the preceding paragraph, POLYGLOTS may not take the procedures to terminate automatic renewals of the Paid Service Agreements for subscription type services as to the charges for use of the Paid Contents for the Paid Services. In the event that a Paid Service User failed to take the procedures described in the preceding paragraph, while made a notice and a request for termination of subscriptions of the Paid Contents to POLYGLOTS; and therefore the Paid Service Agreements for the subscription type services were renewed and additionally charged for the use of the Paid Contents as to the renewed periods by operators of the Application Stores where the Paid Contents were purchased, POLYGLOTS neither assumes any responsibility whatsoever for such additional charges, nor refunds any additional charges for the renewed periods of the Paid Service Agreements.
5. Subscription type services do not automatically cease to be provided, even if the Paid Service User did not use the purchased Paid Contents, or deleted the purchased and downloaded Paid Contents from any and all devices used by the Paid Service User. In the event that the Paid Service User left the Paid Contents as downloaded and did not use them, or deleted the purchased and downloaded Paid Contents from any and all devices used by the Paid Service User, while the Paid Service User failed to take the procedures described in the paragraph 3; and therefore the Paid Service Agreements for the subscription type services were renewed and additionally charged for the use of the Paid Contents as to the renewed periods by operators of the Application Stores where the Paid Contents were purchased, POLYGLOTS neither assumes any responsibility whatsoever for such additional charges, nor refunds any additional charges for the renewed periods of the Paid Service Agreements.
6. In the event that a Paid Service User violates the Paid Terms, or the use of the Service by a Paid Service User can be suspended, or the registration as a Registered User can be cancelled pursuant to the Terms of Service, POLYGLOTS may suspend or cease to provide the said Paid Service User with the Paid Service. In this case, POLYGLOTS notifies the said Paid Service User of the suspension of the Paid Service, and takes measures to prevent access to the Paid Contents by the said Paid Service User.
7. In the case of the preceding paragraph, the said Paid Service User who was informed of the suspension of the Paid Service from POLYGLOTS shall delete the data of Paid Contents from any and all devices used by the said Paid Service User. With regard to the Paid Contents for the subscription type services, the said Paid Service User shall take the procedures by him/herself to terminate the subscriptions at application management screens provided by the operators of the Application Stores where the Paid Contents for the Paid Services were purchased. Even if the said Paid Service User failed to take such procedures to terminate the subscriptions, as is the case described in the paragraph 5, POLYGLOTS neither assumes any responsibility whatsoever for such additional charges, nor refunds any additional charges for the renewed periods of the Paid Service Agreements.
Article 9 (Suspension, Change or Termination of the Paid Service)
1. POLYGLOTS may suspend all or part of the Paid Service without prior notice in the event of any of the following events and shall not refund any charges for the use of the Paid Contents during such suspension of the Paid Service:
(1) to carry out a periodic or an emergency maintenance or inspection of the system for providing the Paid Service (including the case due to change in the Third Party Service);
(2) to be unable to operate the Paid Service due to an emergency circumstances such as fire, interruption of power supply, natural disasters;
(3) to be unable to operate the Paid Service due to war, civil war, disorder, riot, labor dispute or strike;
(4) to be unable to provide the Paid Service due to problems in the system for providing the Paid Service, unauthorized access to the system from a third party or infection by computer viruses;
(5) to be unable to provide the Paid Service subject to any measures being implemented based on laws and regulations;
(6) when the Third Party Service is suspended or has been terminated (including, but not limited to, the reasons of maintenance, change of its system, suspension for repair of defects); or
(7) when POLYGLOTS determines that the suspension of the Paid Service is unavoidable.
2. POLYGLOTS may modify, add, change or terminate all or part of the Paid Service without prior notice and shall not refund any charges for the use of the Paid Contents due to such modification, addition, change or termination of the Paid Service. POLYGLOTS shall notify in advance the Paid Service User of its any intended termination of the Paid Service.
Article 10 (Change of the Paid Terms)
POLYGLOTS may change the Paid Terms anytime by its sole discretion by any reasons. When POLYGLOTS has changed any provisions of the Paid Terms, POLYGLOTS will inform the Paid Service User of such changes by sending a notice displaying a link to its website where the changed contents are posted. If the Paid Service User uses the Paid Service or fails to take steps to terminate the use of the Paid Service within the time specified by POLYGLOTS after receiving the above notice of change of the Paid Terms, the Paid Service User shall be deemed to have agreed to all the provisions set forth in the Paid Terms after such changes.
Prescribed on 28 May, 2015