These terms of service contain basic promises. In providing our services, Helte Co., Ltd. will guide you through these terms of service.
- Sail provides a platform for native speakers of Japanese (hereinafter referred to as “Japanese Speakers”) and non-native speakers of Japanese (hereinafter referred to as “Other Language Speakers”) to engage in cross-cultural exchange through conversations in Japanese online by using an application.
- Japanese Speakers can reserve a time frame in which they wish to communicate with Other Language Speakers.
- Other Language Speakers will send a request for a conversation by checking the reserved frames of Japanese Speakers.
- Once a match is made, you will be able to start a 25 minutes conversation each time from the reserved time. If there are many requests, the match will be made automatically.
- Let’s enjoy the conversation with common sense.
- We will take strict action against any unauthorized use.
These terms of service (hereinafter referred to as these “Terms”) set forth the terms and conditions of use for the online communication service “Sail” (hereinafter referred to as the “Service”) operated by Helte Co., Ltd. (Dai-ichi Mitoya Bldg. 3F 2-28 Azumakami-cho, Kashiwa City, Chiba 277-0011; hereinafter referred to as “Helte”).
Individual users of the Service and those who wish to register (hereinafter referred to as “Users”. In the event that an entity such as a corporation to which Users belong (hereinafter referred to as the “Corporation”) enters into a contract with Helte for the provision of the Service (hereinafter referred to as the “Corporate Contract”) and uses the Service based on the Corporate Contract and these Terms, the relevant Users are referred to as “Corporate Users”. In these Terms, the word “Users” shall include “Corporate Users” unless clearly excluded by its statement.) are requested to use the Service in accordance with these Terms.
Article 1 Application
Article 2 Basic Policy for the Service
- Helte may change these Terms at its discretion. In the event that Helte changes the Terms, notification will be given in a manner that Helte deems appropriate, stating that the Terms are being changed, the details of the change, and the effective date thereof.
- When the Terms are changed, the new Terms shall apply to the fees for using the Service (hereinafter referred to as “Service Fee”) and all policies related to the Service.
- Users shall use the Service in accordance with the method separately determined by Helte.
Article 3 Account Registration
- Users shall register the information necessary to use the Service (hereinafter referred to as “Account”) by the procedures specified by Helte. However, as for the information of Corporate Users, the Corporation shall provide the necessary information to Helte, and Helte shall register an Account on behalf of Corporate Users.
- When Users (excluding Corporate Users) register for an Account, they are deemed to have agreed to the following items:
- Users’ internet environment does not interfere with the use of the Service;
- Helte is able to send notifications, ads, and surveys to Users via email and in-app messages regarding the Service;
- The Service includes a recommendation function that suggests conversation through the Service with specific users in the e-mails, in-app messages, and so on as described in the previous item, and that the Registered Information (including but not limited to user name and photos; definition to follow) of Users may be provided to other users.
- For the purpose of improving the quality of the response by the customer support, Helte may record, tape, and store the contents of Users’ inquiry; and
- For the purpose of improving the quality of conversations, ensuring appropriate use, and researching Japanese language learning, etc., Helte may record conversations between users, and Helte and its subcontractor may use, accumulate, and analyze conversation records such as these audio and video recordings and chat histories.
- If Corporate Users use the Service, it shall be deemed that they have agreed to each item of the preceding paragraph (“Users” shall be replaced with “Corporate Users”) and that Helte shall disclose the usage of the Service and conversation records of Corporate Users to the Corporation.
- If Users are minors (referring to “minor” under the laws of the Users’ home country; the same shall apply hereinafter), their legal representative shall register Users’ account on behalf of Users, and in such cases, Users shall be deemed to have agreed to the items of Paragraph 2 when the person with parental authority registers the Accounts.
- Helte may reject the application for registration, or cancel the registration even if it has already been completed, when Users fall under any of the following conditions or are reasonably suspected of falling under any of the conditions:
- Users do not exist;
- Account registration is made by someone other than the person with parental authority over Users, even though Users are minors;
- Multiple registrations are attempted or made;
- Falsehoods, errors, or omissions are found in the registration process;
- Users’ registration has been cancelled by Helte in the past;
- The credit card specified by Users does not exist or has been suspended;
- Users have failed to make payment in the past;
- Users are in violation of Article 19;
- Users are in violation of Article 5;
- The account name or profile photo is deemed inappropriate by Helte; or
- Other cases in which Helte judges Users inappropriate as a user of the Service.
- Account must be strictly managed by Users. Helte shall consider that the use of the Service is by Users themselves when the information entered at the time of login matches the registered one.
- Users shall not allow a third party to use their Account, and shall not transfer or lend their Account to a third party.
- If Users lose their Accounts or suspect that their Accounts are being used illegally by a third party, they must promptly contact Helte and follow the instructions. Users shall be liable to compensate for all damages caused by the delay in contacting Helte.
- If the Corporate Contract is terminated or Corporate Users resign from the Corporation, Corporate Users shall not be able to use the Service unless they individually conclude a separate contract with Helte.
Article 4 Change of Account
If there are any changes to the information provided to Helte upon Account registration, or if it becomes necessary to make changes to the Account, Users shall change their Accounts without delay by the procedures specified by Helte. In no event shall Helte be liable for any damages incurred by Users as a result of delays in completing such procedures.
Article 5 Prohibitions
- 1. Users shall not engage in any of the following acts when using the Service:
- Violation of laws and regulations or public order and morals;
- Criminal acts;
- Destruction or obstruction of the function of the server or network of Helte;
- Behavior that may interfere with the operation of the Service;
- Collection or accumulation of other users’ personal information;
- Impersonation of other users;
- Direct or indirect provision of benefits to anti-social forces in relation to the Service;
- Input or registration of false information when using the Service;
- Actions that cause or may cause trouble, disadvantage or damage to other users, third parties or Helte;
- Advertisement, promotion, or solicitation involving other users;
- Actions that infringe or may infringe on the intellectual property such as copyrights, privacy, personal rights, or other rights of other users, third parties, or Helte;
- Use of the Service without concluding a separate use contract after Corporate Users leave the Corporation;
- Any behavior that is or may be offensive to public order and morals or in violation of laws and regulations;
- Conversations between users by methods other than directly using the Service
- Use of the Service for commercial purposes;
- Acts that involve any exchange of money between users;
- Use of information obtained through the use of the Service (including but not limited to the Registered Information of other users) for purposes other than the use of the Service; and
- Any other acts that Helte deems inappropriate, such as violent, sexual, and harassing acts.
- Users shall not develop, plan, operate, or undertake to provide the same or similar services by using the information and know-how related to the Service, regardless of whether they are using the Service or have finished using it.
- When Users are found to be engaging in prohibited activities, Helte may immediately suspend the use of the Service and demand compensation for damages from Users.
Article 6 Suspension or Discontinuation of Provision of the Service
- Helte may suspend or discontinue the provision of all or part of the Service without prior notice to Users in the event that Helte deems any of the following events to exist:
- Maintenance, inspection, or updating of the computer system for the Service is conducted;
- Providing the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, natural disasters, wars, and disturbances;
- Providing the Service becomes difficult due to an emergency situation;
- Computers or communication lines are shut down due to an accident;
- Systems or services necessary to provide the Service are interrupted; or
- Any other cases in which Helte deems it difficult to provide the Service.
- Even during the period when the provision of the Service is suspended or interrupted based on the preceding paragraph, the Service Fee shall be incurred, and Users shall pay the Service Fee based on Article 7.
- Helte shall not be liable for any disadvantage or damage suffered by Users or any other third party due to the suspension or discontinuation of the Service, regardless of its reason.
Article 7 Service Fee / Payment
- The Service Fee varies depending on Users’ area of residence. For Users who are Other Language Speakers, the free use of the Service will end when the number of free trials specified separately is completed, or when the free trial period specified separately has elapsed, whichever comes first, and in order to continue using the Service, Users will need to switch to a paid plan. The Service Fee for the paid plan is determined based on the time zone and phone number entered by Users at the time of Account registration, and in reference to the fee schedule separately determined by Helte. Any other price described on our website including the landing page (which may be calculated based on IP address) is only for reference purpose.
- The monthly Service Fee and any other fees incurred in connection with the use of the Service (taxes and transaction fees, if applicable) will be billed in accordance with the payment method registered in advance by Users (excluding Corporate Users. The same shall apply to this Article.). The timing of invoicing for payment to Users will be on the same day as the paid plan registration date of each month. The payment date may be changed if payment is not completed by the registered payment method, or if Users’ paid plan registration date is a calendar day that does not exist within the relevant month.
- To use the Service with a paid plan, Users are required to provide one or more payment methods. If Users’ primary payment method is rejected or is no longer available, Users shall promptly register a new payment method. If there are any outstanding payments, Users shall continue to be responsible for such amounts. If a payment cannot be settled due to expiration, insufficient funds, or any other reasons, Helte may suspend the Users’ use of the Service until a valid payment method can be charged. For some payment methods, the issuer may charge certain fees (such as foreign currency exchange fees or other fees related to the processing of the payment method). The taxation may vary depending on each payment method used by Users. Please check with your service provider for details.
- Users can change the payment method by visiting the [Account Information Page]. In some cases, Helte may change Users’ payment method by using information provided by the payment service provider. In this case, Users will allow Helte to continue billing based on that payment method after the change.
- Helte may change the Service Fee from time to time, but any fee change will be effective at least thirty (30) days after notice of the change is given to Users.
Article 8 Cancellation
Users may cancel the Service at any time, and if Users are subscribed to a paid plan, they may continue to use the Service until the end of the billing period. Even if Users terminate their use of the Service before the available period, the paid Service Fee will not be refunded. If Users cancel the Service, the Users’ Accounts will be closed when the Users cancel their paid plans and follow the procedure for Account deletion.
Article 9 Usage Restriction
- Helte may restrict the use of all or part of the Service to Users without prior notice in the following cases:
- If Users violate any of the provisions of these Terms;
- If all or part of the information provided by Users to Helte is found to be false;
- If Users die, or are judged to have commenced guardianship, conservatorship, or assistance;
- If Users delay payment of the Service Fee;
- If Users become insolvent or unable to make payments, or if there is petition for commencement of bankruptcy proceedings or similar proceedings;
- If Helte determines that Users are, or may be, organized crime groups, organized crime group-related companies, corporate racketeer, or similar parties or their members; or
- In any other cases where Helte judges that the use of the Service by Users is inappropriate.
- Even if the use of the Service is restricted based on the preceding paragraph, the Service Fee shall still be incurred, and Users shall pay the Service Fee based on Article 7.
- Helte shall not be liable for any damages caused to Users or the Corporation due to the actions taken by Helte in accordance with this Article.
Article 10 Damages
- Helte shall not be liable to compensate for any damages incurred by Users arising out of or in connection with the use of the Service, except in cases of intentional misconduct or gross negligence by Helte.
- If Users cause damage to Helte, Corporations, other users, or any other third parties due to or in connection with the use of the Service for reasons attributable to them, Users shall compensate for such damage.
Article 11 Indemnity
- Notwithstanding the provision of Paragraph 1 of the preceding Article, Helte shall not be liable for any communication, contract, transaction, transfer of money, or dispute between Users and other users or third parties with respect to the Service.
- Notwithstanding the provision of Paragraph 1 of the preceding Article, Helte shall not be liable for any damage or disadvantage caused to Users, Corporations, or third parties arising from the use of the Service, including but not limited to accidents on software or hardware, contamination by computer viruses, and loss or damage of data.
- If there is unauthorized access to or unauthorized modification of the Service, Helte shall not be liable for any and all damages incurred by Users as a result of the use of or inability to use the Service.
- Even if Helte bears some liability to Users, Helte’s aggregate liability shall be limited to 5,000 yen or the total amount of consideration paid by Users to Helte for the use of the Service in the past three (3) months, whichever is lower, except for Helte’s intentional misconduct or gross negligence.
- Helte makes no warranty that the Service is free of errors, defects, or other deficiencies, that it does not infringe on the rights of third parties, or that it has the content and value expected by Users.
- Helte may use external services provided by a third party to provide part of the Service, but the service provider shall be responsible for the external service and Helte shall not be responsible for any failure, error, or defect related to such external service.
Article 12 Changes in Service Content and Notification
In the event of a change in the contents of the Service, Helte will notify the change and the date of the change in a manner that Helte deems appropriate.
Article 13 Termination of the Service
Helte may terminate the provision of the Service. In this case, Helte shall notify Users of such termination and date of termination at least three (3) months prior to the termination.
Article 14 Confidentiality
Unless prior written consent is obtained from Helte, Users shall not disclose to any third party any information obtained in connection with the use of the Service, and shall treat such information as confidential.
Article 15 Notification or Contact
Any notification or contact from Helte to Users shall be made by the method that Helte deems appropriate.
Article 16 No Assignment
Users may not transfer its position in the use of the Service or its rights or obligations under these Terms to a third party or offer them as collateral without Helte’s prior written consent.
Article 17 Intellectual Property Rights
- Users acknowledge and agree that the site of the Service (hereinafter referred to as the “Site”), the software necessary to connect to the Service (hereinafter referred to as the “Software”), all contents (including documents, videos, images, and other educational materials; the same applies hereafter) within the Site and the Service, and all contents created or provided by Helte in connection with the Service, as well as all copyrights and other intellectual property rights related thereto, belongs to Helte and those who have granted licenses to Helte.
- Except for the right to use the Service in accordance with these Terms (which is a non-exclusive and non-transferable right), no rights are transferred or granted to Users.
Article 18 Handling of Registered Information
- Helte shall use the information registered by Users for the use of the Service (including information received by Helte from the Corporation and registered on behalf of Corporate Users; hereinafter referred to as Registered Information) only for the following purpose:
- Operation and provision of the Service and other services developed by Helte (hereinafter collectively referred to as “Helte’s Services”);
- Improvement of Helte’s Services and development of new services;
- Provision of information and distribution of ads related to Helte’s Services;
- Response to inquiries and consultations from Users;
- Creation of statistical data that cannot identify specific individuals;
- SMS authentication for identification of Users;
- Suggestions to other users for conversations with Users through the Service; and
- Various surveys, analysis, and marketing related to purposes of use listed in the preceding items.
- Helte shall not disclose or provide the Registered Information to any third party. However, this shall not apply in the following cases:
- When Users have given its consent (including consent under the following paragraph)
- When the information is disclosed or provided in a manner that does not identify Users;
- When disclosure or provision is permitted under laws and regulations;
- When disclosure or provision is required by laws and regulations;
- When part or all of the Service is entrusted to a third party for the purpose of providing the Service; or
- When the operation of the Service is transferred to a third party.
- Users agree that Helte may disclose or provide their Registered Information to third parties in the following cases:
- When responding to the Corporation when receiving an inquiry or the like about the Registered Information of Corporate Users from the Corporation; or
- When distributing ads and other information about Helte’s Services through a service provided by a third party; or
- When providing the Registered Information of Users to other users as a recommendation function of the Service, in order to suggest conversations with Users through the Service to other users in e-mails, in-app messages, and so on.
- Users agree that Helte may use the Registered Information to send mail magazines, direct mails, and other guidance regarding Helte’s Services to Users.
Article 19 Exclusion of Anti-social Forces
- Helte and Users shall mutually represent and warrant that:
- each of them is not an organized crime group, organized crime group member, a party who has been organized crime group member for less than five (5) years, organized crime group quasi-member, organized crime group-related company, corporate racketeer, a miscreant advocating political activism, an intellectual crime group, or any other party equivalent thereto (hereinafter collectively referred to as “Anti-social Forces”);
- each of them has not been an Anti-social Forces; and
- each of them has not provided funds or services to Anti-social Forces, has not engaged in any transactions with Anti-social Forces, and has not had any other relationship with Anti-social Forces.
- If Helte and Users discover any violation of the preceding paragraph, then Helte and Users shall immediately notify the other Party to that effect.
- Users shall not, by itself or through a third party, engage in any of the following acts:
- Demands in a violent manner;
- Unreasonable demands beyond legal responsibility;
- Use of violence, threatening words or actions in relation to or in use of the Service;
- Dissemination of false rumors, defamation of the reputation or credibility of Helte, or obstruction of the business of Helte by means of deception or force; and
- Any other action equivalent to the preceding items.
Article 20 Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Japan. In the event of any dispute regarding the Service, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
Article 21 Consultation
Any matter not stipulated in these Terms or any doubt arising with respect to any provision of these Terms shall be resolved amicably upon mutual consultation in good faith between Helte and Users.