These Terms of Service (the "Terms") set forth the conditions for use of the educational support web service named QuePal (the "Service") provided by Symphonic Brain (the "Company"). By using the Service, users agree to be bound by these Terms.
Article 1 (Application)
- These Terms define the conditions of use of the Service and the rights and obligations between the Company and Users.
- These Terms apply to all relationships between the Company and Users in connection with the Service.
Article 2 (Definitions)
For the purposes of these Terms, the following definitions shall apply:
- "User" means any individual who uses the Service
- "School" means a junior high school, high school, secondary education school, special needs school, or technical college as defined under Japanese law
- "Institution" means a School or any entity that provides educational services, including private educational businesses such as tutoring schools
- "Student" means a person affiliated with an Institution who receives educational services
- "Instructor" means a teacher at a School or a person who provides educational instruction at an Institution
- "Institution Representative" means a person authorized to represent the Institution (for Schools, the principal; for private educational entities, a representative or equivalent)
- "Institution Administrator" means a person designated by the Institution Representative to act as the point of contact for the contract, management, or operation of the Service
- "External Collaborator" means a third party participating in educational activities related to the Service
Article 3 (Registration)
- Any person wishing to use the Service shall complete registration in accordance with procedures prescribed by the Company and agree to these Terms.
- Where the Service is used through an Institution, the Institution Administrator may register Users.
- In such cases, the Institution Administrator shall perform user registration and management based on the authority granted by the Institution Representative.
- Users must provide accurate, complete, and up-to-date information.
- Where the Service is used through an Institution, the Company may register Users on behalf of the Institution upon request from the Institution Administrator. In such cases, the Institution represents and warrants that all personal information has been lawfully obtained and that all necessary consents have been obtained.
- The Company may refuse registration if:
- the applicant is likely to violate these Terms;
- the applicant has previously had their account terminated; or
- the Company otherwise deems registration inappropriate.
Article 4 (Use by Minors)
- Students must obtain consent from a parent or guardian, or from their affiliated Institution, prior to using the Service.
- Where the Service is used through an Institution, such consent shall be deemed to have been lawfully obtained by the Institution.
Article 5 (Formation of Agreement)
A service agreement shall be formed when the Company approves the registration.
Article 6 (Term)
- The Service shall be provided on an annual basis.
- The agreement may be renewed in accordance with procedures prescribed by the Company.
Article 7 (Fees and Payment)
- Users or Institutions shall pay fees as separately determined by the Company.
- Fees once paid are non-refundable except as required by applicable law.
Article 8 (Account Management and Responsibility)
- Users shall manage their accounts at their own responsibility.
- Where the Service is used through an Institution, the Institution shall be responsible for supervising and managing Users.
- Where a Student uses the Service, the parent or guardian shall bear responsibility for such use.
Article 9 (Prohibited Conduct)
Users shall not:
- Violate any laws or regulations
- Infringe the rights of others
- Engage in unauthorized access or system interference
- Use the Service for purposes other than educational purposes
- Disrupt the operation of the Service
Article 10 (Intellectual Property Rights)
All intellectual property rights relating to the Service shall belong to the Company or its licensors.
Article 11 (User Data)
- Users grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, process, and analyze User Data for the purposes of providing, improving, analyzing, and researching the Service.
- The Company may use User Data in anonymized form.
Article 12 (Personal Information)
The Company shall handle personal information in accordance with its Privacy Policy.
Article 13 (System Requirements)
- The Service requires an internet connection.
- The Service is designed for use on tablet devices or personal computers.
- The Service may not function properly or may have limited functionality on smartphones or certain devices.
- The Company does not guarantee compatibility with such devices.
- The Company shall not be liable for issues arising from the user’s environment.
Article 14 (Service Suspension)
The Company may suspend or interrupt the Service in the following cases:
- maintenance or inspection
- system or network failure
- other unavoidable circumstances
Article 15 (Disclaimer)
- The Company does not guarantee the completeness, accuracy, or usefulness of the Service.
- The Company shall not be liable for indirect or consequential damages.
- The Company’s liability shall be limited to the total amount of fees paid by the User or Institution for the relevant annual period.
Article 16 (Termination)
The Company may suspend or terminate access if a User or Institution violates these Terms.
Article 17 (Amendment)
The Company may amend these Terms, and such amendments shall take effect upon publication.
Article 18 (Governing Law and Jurisdiction)
These Terms shall be governed by the laws of Japan, and any disputes shall be subject to the exclusive jurisdiction of the court having jurisdiction over the Company’s principal office.
Special Provisions for External Collaborators (Supporters)
External Collaborators (as defined in Article 2 of these Terms) who participate in educational support activities related to the Service shall comply with and agree to the following provisions:
- External Collaborators shall use the Service solely for the purpose of educational support and shall not use it for commercial purposes or for any purpose beyond the scope of such objective.
- External Collaborators shall not contact Students individually without prior authorization from the relevant Institution or Instructor.
- External Collaborators shall not engage in inappropriate instruction, statements, or conduct toward Students.
- External Collaborators shall not disclose any information obtained through the Service to any third party.
- The Company may require External Collaborators to verify their registration information or submit additional information.
- The Company may refuse registration of an External Collaborator if the Company is unable to verify the authenticity of the submitted information.
- The Company may, at its sole discretion and without prior notice, suspend use of the Service or terminate registration if it determines that the conduct of an External Collaborator is inappropriate.
- The Company may provide information to law enforcement authorities or other relevant agencies if it determines that the conduct of an External Collaborator may violate applicable laws or regulations.
- The Company shall not be liable for any disputes or issues arising in connection with the activities of External Collaborators.

