Terms of service
Sound Qualia (https://soundqualia.com, the “Service”), operated by K.I.M. Co., Ltd. (the “Company”), is available only to students, as defined in Article 1, paragraph 1, item 2, who accept these Student Terms (the “Terms”). Students must agree to the Terms before using the Service.
1. Definitions and scope of the Service
1-1. The following terms have the meanings set out below.
(1) “Lesson”: teaching knowledge, providing information, practising conversation or musical performance, giving advice, and similar activities.
(2) “Student”: a person who wishes to take, or takes, lessons.
(3) “Teacher”: a person who wishes to provide, or provides, lessons.
(4) “Lesson Agreement”: an agreement between a Teacher and Student for providing and taking lessons.
(5) “Lesson Fee”: the fee paid by a Student to a Teacher through the Company in consideration for a Lesson Agreement.
(6) “Matching Service”: the part of the Service that intermediates the formation of Lesson Agreements and payment of Lesson Fees.
(7) “Matching Fee”: the fee paid by a Student to the Company for using the Matching Service.
(8) “Service Fee”: the total of the Lesson Fee and Matching Fee.
(9) “Company Website”: the latest website operated by the Company.
1-2. The Service consists of the following:
(1) Services that help Students search for lessons, apply for Lesson Agreements, and manage their applications.
(2) The Matching Service.
(3) Responding to Student enquiries about the preceding services.
(4) Providing lessons to Students.
(5) Sending Students, regularly or occasionally, emails containing Company Website updates, campaign information, and other information specified by the Company (the “Newsletter Service”).
(6) Services that help Teachers accept Students’ applications for Lesson Agreements.
(7) Other services separately specified by the Company.
2. Application of the Terms
2-1. These Terms apply to Students’ use of the Service.
2-2. Separate terms, rules, and all notices issued by the Company under Article 3, including notices on the Company Website (collectively, “Company Rules”), form part of these Terms.
2-3. If provisions differ, notices take priority, followed by separate rules, separate terms of use, and these Terms. If a notice on the Company Website differs from a notice given by another method, the later notice prevails.
2-4. Teachers’ use of the Service is governed by the separate Teacher Terms.
2-5. Dates and times in these Terms follow Japan Standard Time.
3. Notices from the Company
3-1. The Company may notify Students of matters it considers necessary by posting on the Company Website, email, written notice, or another method it considers appropriate.
3-2. Notices posted on the Company Website, emailed, or dispatched in writing take effect when posted, sent, or dispatched, respectively.
4. Eligibility
Students who are minors must obtain the consent of a parent or guardian before using the Service.
5. Use of the Service
5-1. Students must assess the truthfulness, accuracy, certainty, reliability, usefulness, and other qualities of information supplied by the Company and of the Service, and agree to use them at their own responsibility.
5-2. Students must assess the quality, accuracy, reliability, usefulness, and other qualities of lessons supplied by Teachers and agree to use them at their own responsibility.
5-3. Before applying for a Lesson Agreement, Students must adequately review information about the Teacher. Questions about a Teacher’s identity or lesson content must be addressed directly to the Teacher through the Service’s email function.
5-4. Lessons are generally provided by Teachers. The Company does not provide lessons except when it separately considers this necessary.
5-5. Students agree that some Teachers may provide audio-only lessons and that pronunciation differs between Teachers.
5-6. The Company does not assess or manage lessons provided by Teachers or information exchanged between Teachers and Students.
5-7. The Company makes no guarantee about the truthfulness, accuracy, certainty, reliability, or usefulness of Teachers’ identity details or other information they post.
5-8. The Company accepts no responsibility for damage or loss suffered by a Student or third party through a Teacher’s act or omission.
5-9. The Company accepts no responsibility for information, files, goods, or other materials exchanged between Students and Teachers. Students agree to release the Company from damage or loss of any kind arising from their provision.
6. Disputes with other Students or third parties
If a Student experiences harm, inconvenience, or another dispute involving another Student, Teacher, or third party, the Student must resolve it at their own responsibility and expense. If the Company suffers damage in connection with the dispute, the Student must immediately compensate all such damage, including reasonable legal fees. If the Company resolves the dispute, the Student bears all related costs, including reasonable legal fees.
7. Student registration
7-1. Students must apply for registration by entering their own name, gender, email address, chosen password, country of residence, and other information specified by the Company in the registration form and sending it to the Company, or by another specified method. Unless separately permitted, a third party may not apply on a Student’s behalf.
7-2. Students must not submit false information when applying.
7-3. The Company accepts registration applications by sending an acceptance email or another method it specifies.
7-4. The Company may reject a registration application without disclosing its reasons if:
(1) A third party applied on the Student’s behalf without permission.
(2) The submitted information contains falsehoods, errors, or omissions.
(3) The Student was previously deregistered for violating these Terms or a similar reason.
(4) Complaints from Teachers reach a level that leads the Company to consider continued use difficult.
(5) The Company considers that the Student does not intend to purchase lessons, for example because of an unusually large number of free lessons.
(6) The Company otherwise considers acceptance inappropriate.
7-5. Students must immediately report changes to their name, email address, country of residence, or other specified registration information by the Company’s prescribed method.
7-6. Students may cancel their registration through the prescribed procedure. Any lesson rights held when registration is cancelled expire at that time and will not be refunded.
8. Newsletter Service
8-1. Students may choose whether to receive the Newsletter Service.
8-2. Students agree that newsletters may include advertisements.
8-3. The Company provides newsletters to the extent it considers necessary and does not guarantee regular delivery or delivery to every Student. Students agree that the Company may be unable to provide, or may choose not to provide, the Newsletter Service.
8-4. Students may decline newsletters through the prescribed procedure.
9. Suspension and deregistration by the Company
The Company may suspend the Service or cancel a Student’s registration without prior notice in any of the following cases. Unused points held at deregistration expire at that time and are not refundable.
(1) The Student was previously deregistered for violating these Terms or a similar reason.
(2) The Student engages in an act prohibited by Article 16.
(3) The Student otherwise violates these Terms.
(4) The Company otherwise considers continued service or registration inappropriate.
10. Password management and use
10-1. Students are fully responsible for managing and using the password issued by the Company.
10-2. Unless separately permitted, Students must not transfer, lend, disclose, or allow a third party to use their password.
10-3. The Student holding the password bears all responsibility for disadvantage, damage, alteration, or other consequences of mistaken use or unauthorized third-party use. The Company accepts no responsibility.
10-4. Students who discover unauthorized use of their password must immediately notify the Company and follow its instructions.
11. Costs
11-1. Students must prepare, at their own responsibility and expense, all hardware, including computers, headsets, microphones, and earphones; software, including the calling software in Article 17, paragraph 1; communication connections; and everything else needed to use the Service or take lessons.
11-2. Students acknowledge and bear telephone and other communication charges, internet connection costs, electricity charges, and other expenses associated with using the Service or taking lessons.
12. Formation of Lesson Agreements
12-1. A Lesson Agreement is formed when the Student pays for the scheduled lesson. The lesson date and time are confirmed through communication with staff or the Teacher before or after purchase.
12-2. Students agree that Teachers may decline an application or cancel a formed Lesson Agreement under the Company’s separate Cancellation Policy for Teachers.
13. Purchase, management, and use of lessons
13-1. Students pay Service Fees to the Company for the number of lessons they wish to take. The Company pays the Lesson Fee portion to the Teacher on the Student’s behalf by bank transfer.
13-2. Teachers determine the Service Fee at their discretion within the Lesson Fee range separately established by the Company in the Teacher Terms.
13-3. Students must pay the Company before taking a lesson.
13-4. Students agree that continuing lessons for a fixed monthly amount requires purchasing a specified amount in a bundle as separately designated by the Company.
13-5. Students must not submit false information when purchasing.
13-6. Payment must be made by a credit card in the Student’s own name issued by a designated card company, PayPal, or another method specified by the Company.
13-7. Students agree that purchase applications cannot be withdrawn or cancelled after submission except where separately permitted by the Company.
13-8. The Company may revoke lesson rights or take other appropriate measures without prior notice if:
(1) A third party made the purchase application on the Student’s behalf.
(2) The purchase application contains false information, errors, or omissions.
(3) A credit card in another person’s name was used.
(4) The Student otherwise violates these Terms.
(5) The Company otherwise considers revocation or another measure necessary.
13-9. Lessons may not be purchased for a purpose other than taking lessons.
13-10. A lesson is valid for three months from its purchase date. The right to take it expires when that period ends. Validity is calculated separately for each lesson and cannot be extended for any reason.
13-11. Students are fully responsible for keeping track of their lesson balance.
13-12. Students must not transfer, lend, or allow third parties to use lesson rights.
13-16. The Student holding lesson rights bears full responsibility for disadvantage, damage, alteration, or other consequences arising from errors in using lessons or unauthorized third-party use. The Company accepts no responsibility.
13-17. Students who discover infringement or unauthorized use of lesson rights must immediately notify the Company and immediately follow its instructions.
13-18. Students agree that lesson rights will not be reissued for any reason, including unauthorized use by a third party.
14. Restoration of used points
14-1. Cancellation or rescheduling of applications or formed Lesson Agreements and the treatment of refunds following cancellation are governed by the separate Cancellation Policy for Students. Here, refund means restoring lessons deducted from the Student’s balance under the preceding article, paragraph 3, to the balance available for use.
14-2. In addition, Students may request cancellation of a lesson deduction in either of these cases:
(1) A confirmed lesson is cancelled solely for reasons attributable to the Company or Teacher, no alternative time is proposed, the lesson remains undelivered, and the Student requests a refund on that basis.
(2) Reasons solely attributable to the Teacher prevent delivery of a cumulative 20% of the agreed lesson time, and the Student requests restoration of the lesson payment on that basis.
14-3. The Company may request information it considers necessary, and Students must respond immediately, if:
(1) A Student or Teacher cancels a formed Lesson Agreement.
(2) Delivery of a cumulative 20% of the agreed lesson time was prevented, or the Company considers this may have occurred.
(3) A Teacher violates, or may have violated, the Teacher Terms.
(4) The Company otherwise considers information necessary.
14-4. The Company makes the final determination of whether paragraph 2 applies after investigating in utmost good faith toward both the Student and Teacher. Both must follow that determination.
14-5. Even where paragraph 1 or 2 applies, no lesson payment will be restored if the Student is found to have violated these Terms in connection with that Lesson Agreement.
15. No refunds of lesson payments
Purchased lesson payments are not refunded except as provided in Article 25, paragraph 2.
16. Prohibited acts
16-1. Students must not engage in the following in connection with the Service or lessons:
(1) Sending or posting false information.
(2) Altering or deleting available Service information, or attempting to do so.
(3) Infringing, or risking infringement of, the intellectual property rights of other Students, Teachers, third parties, or the Company.
(4) Discriminating against or defaming others, or damaging their reputation or credit.
(5) Infringing, or risking infringement of, others’ property, privacy, portrait rights, or publicity rights.
(6) Sending unauthorized advertising, promotional, or solicitation emails; sending offensive emails; interfering with others’ receipt of email; requesting chain-email forwarding; or forwarding such emails in response to a request.
(7) Acts connected with fraud or other crime.
(8) Solicitation for religions, political associations, multi-level marketing, or similar organizations.
(9) Sending or posting obscene or child-abuse-related conduct, statements, images, documents, or other material.
(10) Election campaigning, similar acts, or acts violating the Public Offices Election Act.
(11) Using, supplying, or recommending harmful programs, including computer viruses.
(12) Using the Service while impersonating another Student, Teacher, or third party.
(13) Attempting unauthorized access to other computers or networks connected to the Service.
(14) Other acts contrary to law or public order and morals, including prostitution, violence, or cruelty, or acts disadvantaging others or the Company.
(15) Introducing or intermediating competing or potentially competing services to other Students, Teachers, or third parties.
(16) Creating multiple accounts for the same person.
(17) Making violent demands or unjust demands exceeding legal responsibility.
(18) Using threats or violence in connection with transactions.
(19) Damaging another party’s credit or obstructing its business through rumours, deception, or force.
(20) Exposing excessive skin or attending lessons in inappropriate clothing, including revealing clothing, underwear, or swimwear, in a way that causes anxiety or discomfort to others.
(21) Excessively hurting or causing emotional distress to Teachers, other Students, or third parties, degrading their dignity, or engaging in other generally inappropriate conduct.
(22) Photographing, filming, or recording lessons or seminars without permission from both Sound Qualia staff and the Teacher.
(23) Taking lessons for the purpose of inspecting or copying lesson content to provide it on the Company Website or an external site or service.
(24) Encouraging or facilitating any of the preceding acts.
(25) Other conduct the Company considers inappropriate.
16-2. During registration and after deregistration, Students must not use information learned about Teachers through the Service for purposes other than using the Service and fulfilling Lesson Agreements made through the Matching Service. Students must not use that information to apply directly for lessons without the Matching Service.
16-3. Students closely connected to a Teacher, including relatives, partners, or housemates, are treated as related parties and may not take that Teacher’s lessons without Company permission. If such lessons occur without permission, the Company may invalidate related lessons and reviews and suspend both accounts. The Company determines whether a person is a related party at its discretion.
17. Calling software
17-1. Students must use the third-party online calling software designated by the Company when taking lessons.
17-2. Students must follow the software provider’s terms of use and other conditions.
17-3. Before registering, Students must download the calling software and check that it works in their environment.
17-4. The Company accepts no responsibility if a Student cannot take a lesson because the software does not work in their environment, hardware fails, settings are incorrect, or for another reason attributable to the Student.
18. Email and uploaded information
18-1. The Company accepts no responsibility for the content of emails or uploaded information created by Students, Teachers, or third parties.
18-2. Students are fully responsible for sending emails, uploading information, dealings with email service providers, and related terms, warranties, or representations. Students agree to release the Company from damage or loss of any kind resulting from those dealings.
19. Confidential information
19-1. At registration and other specified times, Students must provide personal and other information designated by the Company as necessary for using the Service and taking lessons. The Company posts information on the website only where it has expressly stated, in a form or otherwise, that the information will be posted for Teachers and has obtained the Student’s prior consent.
19-2. Except as specifically provided in these Terms, during registration and after deregistration, Students must strictly protect all information about other Students, Teachers, third parties, and the Company obtained through the Service or lessons. They must not disclose or leak it by any means or use it for purposes other than using the Service and performing Lesson Agreements made through the Matching Service.
19-3. Except as specifically provided in these Terms, Students must not use the Company Website or lessons to provide others with information about competing or potentially competing services.
20. Licence grant
Students grant the Company a free, perpetual, non-exclusive, worldwide licence, with sublicensing rights, to use, publish, display, reproduce, modify, translate, distribute, delete, and otherwise handle information uploaded to profile pages or other pages of the Company Website, including information arising or derived from it. This includes all uploaded information other than personal information, including text, photographs, artwork, music, and reviews.
21. No warranties and limitation of liability
21-1. The Company gives no warranty concerning the truthfulness, accuracy, certainty, reliability, or usefulness of information provided through the Service, or the quality, reliability, usefulness, or other qualities of the Service or lessons, and accepts no responsibility for related damage or loss.
21-2. The Company accepts no responsibility for damage or loss caused by suspension, deregistration, interruption, modification, addition, or discontinuation of the Service.
21-3. The Company accepts no responsibility for damage or loss caused by an act or omission of a third party, including another Student.
21-4. Except as specifically provided in these Terms, the Company accepts no responsibility for damage or loss related to use of the Service or lessons.
21-5. The Company accepts no responsibility for damage or loss a Student causes to another Student, Teacher, or third party in connection with the Service or lessons.
22. Advertisers and other businesses
22-1. Students agree that disputes arising from participation in promotions by advertisers or other businesses appearing on the website must be resolved between the Student and that business.
22-2. The Company accepts no responsibility for acts of third parties, including links placed by advertisers, websites operated by advertisers, or people contacted through the Service or software.
22-3. Students agree to release the Company from damage or loss caused by advertisers or other third parties.
23. Temporary interruption
The Company may temporarily interrupt the Service without prior notice if:
(1) Unavoidable maintenance or construction of Service equipment is required.
(2) Unavoidable equipment failure occurs.
(3) Telecommunications services become unavailable for reasons attributable to a telecommunications provider.
(4) The Company otherwise considers interruption necessary for operational or technical reasons.
24. Changes and additions
The Company may change or add to the Service without prior notice.
25. Discontinuation
25-1. The Company may discontinue the Service by notifying Students.
25-2. If the Service is discontinued, the Company will refund unused products or lessons held at discontinuation, in an amount and by a method separately specified by the Company.
26. Ownership of rights
Unless otherwise specified, all intellectual property rights, including copyright and trademarks, portrait rights, publicity rights, and other rights in information supplied through the Newsletter Service or the Service, including video, audio, text, photographs, and images, belong to the Company.
27. Amendments
27-1. The Company may amend these Terms and Company Rules without Student consent.
27-2. Amendments take effect under Article 3, paragraph 2 when the Company notifies Students of their contents.
28. Relationship with the Consumer Contract Act
Any part of these Terms inconsistent with or contrary to Japan’s Consumer Contract Act (Act No. 61 of 12 May 2000) is ineffective to that extent. Only the inconsistent or conflicting part is affected; the remainder of that provision and all other provisions remain effective.
29. Compensation for damage
Except as specifically provided in these Terms, a Student who damages the Company by violating these Terms, intentionally, or negligently must immediately compensate all damage, including reasonable legal fees.
30. No assignment or security interests
Students must not transfer, assign, allow succession to, or create security over all or part of their rights or obligations under these Terms.
31. Exclusion of antisocial forces
Students represent and warrant that none of the following applies now or will apply in future:
(1) Being an organized crime group, a member, a former member within five years of leaving, an associate member, a related enterprise, a corporate racketeer, a group claiming to promote social or political causes while engaging in extortion, a special intellectual violence group, or an equivalent person or group (collectively, “Organized Crime Members”).
(2) Having a relationship in which Organized Crime Members control management.
(3) Having a relationship in which Organized Crime Members are substantially involved in management.
(4) Using Organized Crime Members for unjust benefit for oneself or a third party, to harm a third party, or for similar purposes.
(5) Providing funds, benefits, or other assistance to Organized Crime Members.
(6) Having officers or people substantially involved in management who maintain socially condemnable relationships with Organized Crime Members.
32. Governing law
These Terms are governed by Japanese law.
33. Jurisdiction
Students and the Company agree that litigation arising between a Student and the Company or between a Student and a Teacher in connection with the Service is subject to the exclusive agreed jurisdiction, at first instance, of the Tokyo District Court or Tokyo Summary Court, according to the amount in dispute.
34. Language
These Terms may be prepared in Japanese and other languages. If the Japanese version differs from another language version, the Japanese version prevails.
35. Survival
Article 5, paragraphs 1, 2, 5, 8, and 9; Articles 6, 9, 10, 11, 15, 18, 22, and 26; and Articles 28 through this Article remain effective after deregistration.
36. Good-faith consultation
Matters not provided for in these Terms and questions about their interpretation must be resolved through good-faith consultation between the Student and the Company.
37. Supplementary provision
Established and effective: 20 March 2024.