Terms of Use
These Terms of Use set forth the terms and conditions (hereinafter referred to as the “Terms and Conditions”) for the provision of the “duhhh School” service (hereinafter referred to as “this Service”) offered by duhhh Inc. (hereinafter referred to as “the Company”), the rights and obligations between the Company and its Users, and the rights and obligations between its Users and other Users. The User must agree to all of these Terms and Conditions before using this Service.
Article 1 (Definition of terms)
The definitions of terms in this Agreement are as follows.
(1) “Commencement Date of Service” means the date separately indicated on the service as the date on which the Company begins to provide the service to Members.
(2) “User” means anyone who uses this Service.
(3) “Member” means the User who has completed the registration as specified in Article 2 (Usage registration), has not withdrawn from membership, and has not had his/her registration cancelled by the Company.
(4) “Member ID” means the Account information (including a hyperlink assigned to each member) that the Company grants to members to enable them to use this Service.
(5) “Basic Service” means the basic service provided by the Company to its Members under this Service, which are generally as follows. The details of the Basic Service are as indicated separately in this Service.
(a) Provision of lecture videos during a pre-specified period
(b) Provision of teaching materials related to lecture videos
(c) Granting qualifications to participate in the community
(6) “Basic Fee” means the fee that a Member must pay to the Company in order to receive Basic Services.
(7) “Optional Service” means the additional service provided by the Company to members in this Service, which allows members to request answers from the Company regarding questions related to the lecture videos provided in the Basic Service (excluding those included in the Basic Service). Details of Optional Services are shown separately in this Service.
(8) “Option Fee” means the fee payable by a member to the Company in order to receive Optional Services.
(9) “Related Parties” refers to any of the following.
(a) Corporations and other organisations to which you belong as an officer or employee
(b) A corporation or other organisation that effectively controls or is substantially involved in management
(c) Officers and employees of the Company
(d) A person who effectively controls or is substantially involved in the management of the Company
(10) “Anti-Social Force” refers to any of the following.
(a) That he/she or his/her related persons are an organised crime group, an organised crime group Member, a person for whom five years have not passed since he/she ceased to be an organised crime group Member, a semi-constituent Members of organised crime group Member, an organised crime group-related company, a general meeting organiser, a social advocacy group or special intelligence violence group, or any other person equivalent thereto
(b) The person or a person related to him or her is a person who takes unfair advantage of the persons listed in (a)
(c) The applicant or a person related to him or her is a person who provides funds or benefits to the person listed in (a)
(d) The person or a person related to him/her has a socially stigmatized relationship with the person listed in (a)
(e) You or your related persons have made, or have made in the past, threats, violence or other unreasonable demands, acts of defamation, slander, or obstruction of business (including similar acts) against us or our related persons
(11) “Community” means the chat group with which the Company and its Members can interact and which is designated by the Company.
Article 2 (Usage registration)
1 Before using this Service, Users must complete registration in a manner determined separately by the Company.
2 The Company must ensure that all information requested by the Company regarding the User is entered without any deficiencies at the time of registration for use.
3 The Company will reject applications for usage registration that violate the provisions of Paragraph 2. The User may not hold the Company liable for the Company’s rejection of his/her application for registration of use, nor may he/she demand that the Company disclose the reason for such rejection.
4 Registration for use shall be completed upon receipt of a User’s application for registration for use, followed by notification to the User that the Company accepts the registration for use.
5 The period during which Users can apply for usage registration is limited to the membership recruitment period separately designated by the Company.
Article 3 (Basic Fee payment)
1 Members must register their credit card information and complete the payment for the Basic Fee by the deadline specified separately by the Company to complete the registration process.
2 Members will not be eligible for membership if they fail to complete the payment of the Basic Fee.
Article 4 (Option fee payment)
1 Members may apply for Optional Services after the completion of the Basic Service.
2 Members must complete payment of the Option Fee by credit card when applying for the Optional Service.
Article 5 (Withdrawal)
1 A Member may apply for withdrawal at any time by a method separately determined by the Company.
2 A Member’s withdrawal will be completed when the Company receives the application and approves the withdrawal.
3 A Member may request a refund of the amount already paid as a fee for using this Service only if the Member requests cancellation of membership until 13:00 of the day prior to the start of use (unless the Member falls under any of the provisions of Article 6 (Cancellation of User registration), Paragraph 1). Except in this case, Members are obligated to pay the full amount of fees for using this Service to the Company even after withdrawal from membership, and may not request a refund of fees already settled.
4 If the Company must refund the fee to a Member as stipulated in Paragraph 3, the Company will deduct the fee paid to the settlement agent for settlement of the fee, the bank transfer fee at the time of refund, and any other costs incurred by the Company, and then refund the remaining amount.
Article 6 (Cancellation of User registration)
1 The Company may cancel the Member’s registration if any of the following apply. Members may not hold the Company liable for the cancellation of their registration, nor may they demand that the Company disclose the reason for such cancellation.
(1) Providing false information to the Company when registering as a Member (this includes registering e-mail addresses that are not in actual use)
(2) Failure to report to the Company without delay any changes in the information provided to the Company at the time of registration, even if such changes have occurred after completion of the registration
(3) Violating this Agreement or engaging in any act that is prohibited on this Service
(4) Violating the Terms of Service or committing any of the prohibited acts on the services (excluding this Service) provided by the Company
(5) The occurrence of circumstances that make it impossible to complete the payment of the Basic Fee
(6) You have a record of having had your User registration cancelled for this Service or any other service provided by the Company in the past
(7) Be a person related to a person falling under (3), (4), or (6)
(8) In the case of a minor, an adult ward, a person under curatorship or a person under assistance, the Company is unable to confirm that the minor has obtained consent to use this Service from his/her legal representative, guardian, curator or assistant
(9) Being an Anti-Social Force
(10) A dispute (including but not limited to lawsuits, claims, legal claims and any other troubles) has arisen between the Member and the Company and has not been resolved
(11) In addition to (1) through (10) above, circumstances have arisen that make it impossible to allow the Member to continue using this Service
2 Even if a Member’s registration is cancelled by the Company, the Member is obligated to pay the Company the full amount of the fees for using this Service and may not demand a refund of the fees already paid.
Article 7 (Prohibition of multiple User registrations)
The same User cannot register for use under multiple names or in duplicate.
Article 8 (Points to note when taking the course)
1 We ask Members to be committed and motivated in participating in all lectures provided in the Basic Service.
2 When working with other Members on issues related to lectures provided in the Basic Service, Members must respect the opinions of other Members and adopt a cooperative attitude.
Article 9 (Notes regarding submission of deliverables)
1 In relation to lectures provided in the Basic Service, the Company may require Members to create source code, contents, or other equivalent (hereinafter in this Article, “Deliverables”) and submit it by a specified deadline. In this case, the Member must submit the deliverables according to the Company’s instructions.
2 Copyrights, moral rights, patent rights, rights to obtain patents, design rights, rights to obtain design registrations, and other intellectual property rights in the deliverables shall belong to the Member who submitted the deliverables.
3 Members grant permission in advance for the Company to use the results as follows.
(1) Sharing with other Members (including correction of errors and other minor corrections before sharing)
(2) Introduction in lectures or teaching materials provided in the Basic Service (including correction of errors and other minor corrections before introduction)
(3) Use as marketing materials of the Basic Service (this includes making the necessary modifications to the input data)
(4) Use as input data for AI (this includes making the necessary modifications to the input data)
4 Members may use the deliverables of other Members solely for learning purposes related to the lectures provided in the Basic Service.
5 Members may not include content that falls under any of the following in their deliverables.
(1) Content that goes against the purpose of the lectures provided by the Company or is unrelated to the lectures
(2) Content that falls under another person’s personal information or trade secrets
(3) Content that infringes on the copyright or other intellectual property rights of others
(4) Content that damages the privacy rights, honour rights, and other rights and interests of others
(5) Sexual, discriminatory, defamatory content, and other content that violates public order and morals
(6) Content that falls under advertising or religious solicitation
(7) Content that encourages criminal acts or other acts that violate laws and regulations
(8) Content that corresponds to malware or other malicious programs
(9) Other content that indicates that it is prohibited to include it in deliverables in this service
(10) Other content that is inappropriate as a deliverable in view of the purpose of this Service
6 The Company may delete any artefacts published in the Community that violate or may violate the provisions of Paragraph 5 without the consent of the Member who posted the artefact.
Article 10 (Handling of lecture videos and teaching materials)
1 The lecture videos provided by the Company in the Basic Service may be viewed exclusively by the method licensed by the Company. It is not possible to download, record, or capture lecture videos.
2. Users may use the materials provided by us in the Basic Service solely for Users’ own learning purposes. It may not be provided, published, or reprinted in whole or in part to third parties.
3 All copyrights, moral rights, and other intellectual property rights of the lecture videos and teaching materials provided by the Company in the Basic Service shall belong to the Company.
4 The Company may record online lectures provided in the Basic Service and utilise them as lecture videos or teaching materials. In that case, the Company will use mosaic or other processing to make it impossible to identify the Members participating in the lecture. Members consent in advance to such recording activities by the Company.
Article 11 (Services that must be registered to use this Service)
1 In order to use this Service, Members must separately register for chat tools, development tools, and other services (hereinafter in this Article, “tools provided by other companies”) designated by the Company.
2 The Company shall not be liable for any refund of fees or any other liability even if a malfunction or inoperability of tools provided by other companies causes problems for Members in using this Service.
3 Members shall not share with third parties the ID and password obtained at the time of registration for the use of tools provided by other companies.
Article 12 (Things to keep in mind when participating in the Community)
1 When posting in the Community, Members must respect the opinions of other Members and be careful not to act in a manner that is uncooperative.
2 Members must not post content that falls under any of the following in the Community. The Company may delete posts containing such content without the consent of the Member.
(1) Content that is contrary to the purpose of the Community established by the Company or is unrelated to that purpose
(2) Contents listed in Article 9 (notes regarding submission of deliverables) Paragraph 5 (2) to (8)
(3) Other content that indicates that posting is prohibited on this Service
(4) Other content that is inappropriate in view of the purpose of the Community
3 Members shall not provide, publish, or reprint any content posted by other Members in the Community to third parties other than the Members participating in that Community.
4 The Company may terminate the membership of any Member who violates the provisions of paragraphs 1 through 3.
5 Members grant permission in advance to use Community postings as input data for AI or to introduce them in lectures or teaching materials provided by the Company in the Basic Service after deleting information that could identify the individual Member.
Article 13 (Points to note when using Optional Services)
1 Members must comply with the conditions (maximum number of times, maximum hours, etc.) specified by the Company in advance when using the Optional Services.
2 When using the Optional Service, a Member shall not make any communication to the Company that includes any of the following.
(1) Content unrelated to the lectures provided by the Company in this Service
(2) Contents listed in Article 9 (Notes regarding submission of deliverables) Paragraph 5 (2) to (8)
(3) Other content that is prohibited in this Service
(4) Other content that is prohibited by the Company, which is displayed on this Service or notified to the person in question
3 The Company may refuse to answer questions that violate the provisions of Paragraph 1 or Paragraph 2.
Article 14 (Non-warranty)
1 This Service provides Members with information that is useful for learning based on the Company’s professional knowledge. However, there is no guarantee that the User will achieve successful learning results by taking this Service.
2 The Company has taken every precaution to ensure that the lectures and materials provided in this Service do not contain erroneous content. However, the Company cannot legally guarantee that the lectures and teaching materials will be free of errors.
Article 15 (Member ID management)
1 Users must properly manage their Member IDs to prevent them from being used by third parties.
2 Users shall not allow third parties to use their Member ID, or transfer or lend their Member ID or the right to use their Member ID to third parties.
3 The User shall be liable for compensation for damages incurred by the Company as a result of the User’s violation of the provisions of Paragraphs 1 or 2.
4 Uses are responsible to us for any and all activities on this Service performed by third parties using Users’ Member ID.
Article 16 (Prohibited acts)
When using this Service, Users must not engage in any of the following acts.
(1) Acts that infringe on the intellectual property rights and other rights and interests of the Company or third parties
(2) Acts that violate laws or are related to criminal acts
(3) Acts that constitute fraud, intimidation, damage to honour or credibility, or obstruction of business to the Company
(4) Transmitting unauthorised programs, illegally accessing, or placing an excessive load on the network or system of this Service
(5) Acts of reverse engineering or other analysis of the system of this Service
(6) Acts that interfere with the operation of this Service
(7) Acts used for activities of Anti-Social Forces
(8) Acts of using this Service for religious activities or commercial activities
(9) Acts that the Company indicates are prohibited on this Service
(10) Acts that directly or indirectly cause or facilitate the acts listed in (1) to (9)
(11) Acts of attempting the acts listed in (1) to (10)
(12) Other acts that violate the purpose of this Service, social norms, or public order and morals
(13) Other acts that are inappropriate for using this Service
Article 17 (Suspension and interruption of services)
1 The Company may stop or suspend the provision of all or part of this Service without prior notice to Users in any of the following cases.
(1) When necessary for inspection or maintenance of the system of this Service
(2) When this Service cannot be operated normally due to a failure that has occurred in the system of this Service
(3) If this Service cannot be operated normally due to disaster, power outage, or other circumstances
(4) Other circumstances arise that require us to stop or suspend provision of all or part of this Service
2 The Company is not responsible for any damage caused to the User due to the suspension or interruption listed in Paragraph 1.
Article 18 (Liability for damages)
The User shall be liable for compensation for damages (including indirect damages, special damages, attorney’s fees, and all other damages) incurred by the Company as a result of the User’s violation of these Terms of Use or other intentional or negligent acts that cause damages to the Company.
Article 19 (Resolution of disputes between Users)
1 Users must resolve any disputes with other Users or other third parties regarding the use of this Service by themselves, and the Company shall not be liable for any resolution of such disputes.
2 In order to resolve disputes between Users regarding the use of this Service, the Company may request that the disputants or their Related Parties report the circumstances involved. In this case, the User must cooperate in good faith with the Company’s requests.
3 The provisions of Paragraph 2 do not establish the Company’s obligation to resolve disputes.
Article 20 (Maximum amount in case the Company is obligated to compensate for damages)
In the event that the Company is obligated to compensate the User for damages, the amount of such compensation shall be limited to the amount of Basic Fee already paid (if the amount of Basic Fee already paid is less than JPY 50,000, then minimum of JPY 50,000). However, in such cases, if the damage was caused by the Company’s willful misconduct or gross negligence, the Company shall compensate for the full amount of such damage.
Article 21 (Transfer of status)
1 The User may not transfer, offer as security or otherwise dispose of any rights, obligations or contractual status arising under these Terms and Conditions to third parties, unless the Company has given its prior consent in writing or by electromagnetic record.
2 The user agrees in advance that in the event that the Company transfers the business pertaining to this service to third parties (including any case involving the transfer of business, such as a company split or other business transfer), the rights, obligations and contractual status based on these Terms and Conditions will be transferred to the third parties as a result of the transfer.
Article 22 (Change or termination of services)
The Company reserves the right to change or terminate this Service with prior notice to Users. The Company is not responsible for any damage caused to Users as a result of this.
Article 23 (Changes to terms)
The Company may change the contents of the Terms and Conditions in accordance with Article 548-4 of the Civil Code when it is necessary to change the Terms and Conditions due to amendments to laws and regulations, changes in social conditions, expansion of Services, or other circumstances. In that case, the Company will notify the User on this Service in advance of the change, the changed content, and the date of the change. The contents of the changed terms will also apply to Users who started using this Service before the change.
Article 24 (Severability)
If any provision or part of this Agreement is held invalid or unenforceable under the Consumer Contract Act or any other law or regulation, the remaining provisions and parts of this Agreement shall remain in full force and effect.
Article 25 (Governing law and competent court)
1 The governing law of this Agreement shall be Japanese law.
2 The Tokyo District Court shall have exclusive first instance jurisdiction over any and all disputes arising out of or in connection with this Agreement.
Article 26 (Original text)
These Terms and Conditions are published in Japanese and English. If there is any conflict between the Japanese terms and the English terms, the Japanese terms will take precedence.
Published on March 11th 2024
Revised on June 24th 2024