Terms of Use

It matters how you access our services and how we handle your information. We'd like to take this opportunity to explain what we are setting out to deliver as a company and what you can reasonably expect from us. Please take a few moments to read our terms of use.

The following terms and conditions (the "Agreement") govern all use of the www.bunpo.app website (the "Site") and the products and services available on or at the Site (taken together with the Site, the "Service"). The Service is owned and operated by Bunpo Language Learning, Inc. ("Bunpo"). The Service is offered subject to your (the "User's") acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Bunpo. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU (the "User") AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.

Bunpo reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is the User's responsibility to periodically review this Agreement for any changes. Continued use of the Service following the posting of changes to this Agreement constitutes acceptance of those changes.

ACCESS.
Under the terms of this Agreement, the software and services provided in connection with the Service are intended solely for the User's personal use and not for the benefit of any third party. Bunpo may change, suspend or discontinue the Services, including the availability of any feature, database, materials or content, at any time. Bunpo may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. Bunpo reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site or by sending User a notice via email. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User's acceptance of the terms and conditions of this Agreement as modified.

The User certifies to Bunpo that if the User is an individual (i.e., not a corporation), the User is at least 13 years old (provided that if the User is in a state where 13 is below the age of majority, the User has the legal consent of a legal guardian to enter into this Agreement). The User also certifies that they are legally permitted to use the Service and assumes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

FEES AND PAYMENT.
The basic Service is free for users. However, if the User chooses to upgrade to a subscription membership or any other paid features, the following terms will apply. Bunpo reserves the right to change its prices at any time.

We may suspend or terminate your use of the Products and/or Services as a result of your fraud or breach of any obligation under these Terms. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or content or materials from the Products or Services or recording of the Services. Such termination or suspension may be immediate and without notice. If we terminate your account, you may receive a pro rata refund of fees that you prepaid for the Services.

User's subscription to the Service will continue indefinitely until cancelled by User (via the cancellation mechanisms provided on the Site). After User's initial subscription period, and again after any subsequent subscription period, User's subscription will automatically continue for an additional equivalent period, at the price User agreed to when subscribing. User agrees that User's account will be subject to this automatic renewal feature. If User does not wish User's account to renew automatically, or if User wants to change or terminate User's subscription, please log in and go to the Change / Cancel Membership page. Please note that if you purchase a Subscription through the Apple iTunes Store or our iPhone application, you may cancel your Subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the Subscription you want to modify. If you purchase a Subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a Subscription via Apple or Google, you may be subject to their additional terms. If User cancels a subscription, User may use such subscription until the end of then-current subscription term and the subscription will not be renewed thereafter. However, User will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

By subscribing, User authorizes Bunpo to charge User's credit card, debit card or other payment method at such time and again at the beginning of any subsequent subscription period, including any sales or similar taxes imposed on User's subscription payments. Upon the renewal of your subscription, if Bunpo does not receive payment, User agrees that Bunpo may either terminate or suspend User's subscription and continue to attempt to charge User's payment method provider until payment is received (upon receipt of payment, User's account will be activated and for purposes of automatic renewal, User's new subscription commitment period will begin as of the day payment was received). If User does not terminate User's subscription and/or if User continues to use the Service, User agrees that Bunpo is authorized to charge the payment method in User's Service account. Bunpo may also seek payment directly from User. Charges may be payable in advance, in arrears, per usage, or as otherwise specified when User initially subscribes to the Service.

Any free trial or other promotion providing subscriber-level access to the Service must be used within the specified trial period. The User must cancel their subscription before the trial period ends to avoid being charged a subscription fee.

SITE CONTENT.
User agrees that all content and materials (collectively, "Content") delivered via the Service or otherwise made available by Bunpo at the Site, Services are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Bunpo in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Bunpo.

Use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.

SOFTWARE.
With respect to any software User is authorized by Bunpo to download via the Service, Bunpo grants User a personal, nontransferable, nonsublicensable, nonexclusive license to use such software solely for User's personal, non-commercial use, and only in accordance with the written instructions/directions (if any) provided by Bunpo. User shall not, nor permit anyone else to, directly or indirectly: (i) copy, modify, or distribute the software; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the software (except that this restriction shall not apply to the limited extent restrictions on reverse engineering prohibited by applicable local law); or (iii) rent, lease, or use the software for timesharing or service bureau purposes, or otherwise use the software for any commercial purpose.

RESTRICTIONS.
User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Bunpo reserves the right to bar any such activity.

User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Bunpo server, or to any of the services offered on or through the Service, by hacking, password mining, or any other illegitimate means.

User shall not probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service, or any other customer of Bunpo, including any Bunpo account not owned by User, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User's own information, as provided for by the Service.

User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Bunpo systems or networks, or any systems or networks connected to the Service or to Bunpo.

User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.

User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal the User sends to Bunpo on or through the Service. The User shall not, in connection with the Service, pretend (e.g., through impersonation) that the User is any other individual or entity.

User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement, or that infringes the rights of Bunpo or others.

REGISTRATION; SECURITY.
As a condition to using certain features of the Service, User may be required to register with Bunpo and select a password and User name ("Bunpo User ID"). User shall provide Bunpo with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as a Bunpo User ID a name of another person with the intent to impersonate that person; or (ii) use as a Bunpo User ID a name subject to any rights of a person other than User without appropriate authorization. Bunpo reserves the right, in its discretion, to cancel or refuse registration of an Bunpo User ID. User shall be responsible for maintaining the confidentiality of User's Bunpo password and other account information.

THIRD PARTY TERMS AND LINKS.
The Site may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Bunpo's control, and User acknowledges that Bunpo is not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Bunpo. User further acknowledges and agrees that Bunpo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.

INDEMNIFICATION.
User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless Bunpo, its affiliates, and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from (i) User's use or misuse of the Service; (ii) User's access to any part of the Service, (iii) any of User's User Submission(s), or (iv) otherwise from User's violation of this Agreement.

WARRANTY DISCLAIMER.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE AND ANY SOFTWARE) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BUNPO MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER'S REQUIREMENTS. THE USER'S USE OF THE SERVICE IS SOLELY AT THEIR OWN RISK.

LIMITATION OF LIABILITY.
IN NO EVENT SHALL BUNPO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (OR ANY CONTENT, PROGRAMS, OR INFORMATION AVAILABLE THROUGH THE SERVICE): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER'S USE OF ANY CONTENT OR INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICE, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $900.00 (U.S.). IN ADDITION, BUNPO SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING, DIRECTLY OR INDIRECTLY, FROM THE USER'S INABILITY TO ACCESS OR OTHERWISE USE THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DELAYS OR INTERRUPTIONS DUE TO ELECTRONIC OR MECHANICAL EQUIPMENT FAILURES, DENIAL OF SERVICE ATTACKS, PROCESSING FAILURES, TELECOMMUNICATIONS OR INTERNET PROBLEMS, OR UTILITY FAILURES).

TERMINATION.
Bunpo may terminate User's access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to User (provided that, if Bunpo determines there may be an immediate threat to Bunpo, it may terminate such access without notice).

Upon termination notice from Bunpo, User will (i) no longer access (or attempt to access) the Service and (ii) delete all software (and copies thereof) provided in connection with the Service. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.

EXPORT AND TRADE CONTROLS.
User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or pursuant to the Service except in full compliance with all Japan, foreign and other applicable laws and regulations.

PRIVACY.
Bunpo current privacy policy is available at https://bunpo.app/privacy/ (the "Privacy Policy"), which is incorporated by this reference.

COPYRIGHT.
All content (including but not limited to software and content whether downloaded or not) contained in the Products and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bunpo or its content suppliers and is protected by Japan and international copyright laws. The compilation of all content on the Site is the exclusive property of Bunpo and is protected by Japan and international copyright laws. All software used on (or provided through) the Site is the property of Bunpo or its software suppliers and is protected by Japan and international copyright laws.

ELECTRONIC COMMUNICATIONS.
When User visits the Site or sends e-mails to Bunpo, User is communicating with Bunpo electronically. User hereby consents to receive communications from Bunpo electronically. Bunpo will communicate with User by e-mail or by posting notices on the Site. User agrees that all agreements, notices, disclosures and other communications that Bunpo provides to User electronically satisfy any legal requirements that such communications be in writing.

MISCELLANEOUS.
The failure of either party to exercise any right provided herein shall not be deemed a waiver of any further rights under this Agreement. Bunpo shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Bunpo's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by the User except with Bunpo's prior written consent. Bunpo may transfer, assign, or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the Tokyo Prefecture, as if made within Tokyo between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the Tokyo District Courts and the Tokyo High Court. Notwithstanding the foregoing sentence (but without limiting either party's right to seek injunctive or other equitable relief immediately, at any time, in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be settled by arbitration in accordance with the rules and procedures of the Japan Commercial Arbitration Association (JCAA).
The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with the JCAA, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in Tokyo, using the Japanese language. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and the User does not have any authority of any kind to bind Bunpo in any respect whatsoever.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE.
Bunpo has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of Bunpo' Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

It is Bunpo' policy to (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements:
If User believes that content residing on or accessible through the Bunpo Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that Bunpo is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Bunpo' policy:

1. to remove or disable access to the infringing content;
2. to notify the content provider, member or user that it has removed or disabled access to the content;
3. that repeat offenders will have the infringing content removed from the system; and
4. to terminate such content provider's, member's or user's access to the service.

C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the content that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner's agent or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of the content provider, member or user;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside Japan, for any judicial district in which Bunpo is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Bunpo may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Bunpo' discretion.

Please contact Bunpo' Designated Agent to Receive Notification of Claimed Infringement at the following address:

Designated Agent to Receive Notification of Claimed Infringement:
BUNPO DMCA Claims
Bunpo Language Learning, Inc.
1-chōme-12 Ginza, Chuo City, n&e bld
Tokyo, 104-0061