Terms of Service

Article 1 (Purpose)

1. These Terms of Service (the "Terms") apply to Users (as defined in Article 2) of the video streaming service "THE LESSON" (the "Service") operated by cactuz Inc. (the "Company", "we", "us", or "our"). Users shall use the Service after agreeing to these Terms.
2. These Terms set forth the conditions for use of the Service. All Users who have registered with the Service shall comply with these Terms and use the Service in accordance with the conditions set forth in these Terms, depending on their age, usage environment, and other conditions.
3. By agreeing to these Terms, the User enters into this Agreement (as defined in Article 2) with the Company.

Article 2 (Definitions)

In these Terms, the following terms have the meanings set forth in the corresponding paragraphs below.

1. "Agreement": The service use agreement entered into between the Company and the User, subject to these Terms as its terms and conditions.
2. "User": Any person who has registered as a user of the Service.
3. "User Credentials": The ID and password of a User registered for the Service.

Article 3 (User Registration)

1. Any person wishing to become a User of the Service shall register in accordance with the procedures prescribed by the Company, after agreeing to these Terms.
2. If any of the information registered under the preceding paragraph changes, the User shall promptly update such registered information.
3. The Company may, at its sole discretion, refuse to accept a user registration.
4. Users may not use, lend, transfer, sell, or pledge their account on the Service to any third party.

Article 4 (Service Description)

The Service provides Users with original video content and various information related to such content (collectively, the "Company Content").

Article 5 (Fees)

1. Fees for the Service shall be subject to the fee plans separately set forth by the Company.
2. Users may pay fees for the use of the Service only through the methods designated by the Company.

Article 6 (Management of User Credentials and Communication Devices)

1. Users shall, at their own expense and responsibility, provide all equipment, communication means, transportation, and other environments necessary to receive the Service. All communication costs required for the use of the Service shall be borne by the User.
2. Users shall be responsible for managing their User Credentials and communication devices. The User shall bear responsibility for any damage arising from inadequate management, errors in use, or use by a third party of the User Credentials and communication devices, and the Company shall not be liable except where there is willful misconduct or negligence on its part.
3. If there is a risk that a User's Credentials or communication device may be used by a third party, the User shall immediately notify the Company and follow any instructions provided by the Company.

Article 7 (Conditions for Providing the Service)

The Company may suspend or modify the Service for reasons such as maintenance, upon prior notice to Users. However, in cases of urgency, the Company may suspend the Service without prior notice to Users.

Article 8 (Intellectual Property Rights, etc.)

1. When a User submits any content on the Service, the User grants the Company a free, unlimited, and unrestricted right to use all copyrights (including the rights provided in Articles 27 and 28 of the Copyright Act) that may arise in connection with part or all of the posted content, regardless of whether it constitutes a copyrighted work and regardless of the purpose of use. In such case, the User shall not exercise any moral rights of authors against the Company or any person who succeeds to or is licensed such rights by the Company.
2. Users may not, by any method or form, reproduce, reprint, publicly transmit, modify, or otherwise use the Company Content beyond the scope of private use prescribed in the Copyright Act.
3. Copyrights, patent rights, utility model rights, trademark rights, design rights, and all other intellectual property rights in the Company Content, as well as the rights to register such rights (collectively, "Intellectual Property Rights"), belong to the Company or the licensors from whom the Company has obtained a license, and do not belong to Users.
4. If any issue arises as a result of a User's violation of this Article, the User shall resolve such issue at its own expense and responsibility, and shall take appropriate measures so as not to cause any disadvantage, burden, or damage to the Company.

Article 9 (Prohibited Acts)

1. The Company prohibits Users from engaging in any of the following acts in their use of the Service:
   1. Any act that violates these Terms, laws, or regulations;
   2. Any act that infringes, or may infringe, the property or personal rights of the Company, its licensors, or any other third party, including Intellectual Property Rights, patent rights, utility model rights, design rights, trademark rights, copyrights, or portrait rights;
   3. Any act that causes, or may cause, disadvantage or damage to the Company or any third party;
   4. Any act that unjustly harms, or may harm, the honor, rights, or credit of others;
   5. Any act that is contrary, or may be contrary, to public order and morals, or any act of providing other Users or third parties with information that may be contrary to public order and morals;
   6. Any criminal act, any act that leads to or encourages a criminal act, or any act that may do so;
   7. Any act of providing information that is, or may be, contrary to fact;
   8. Any act of unauthorized access to the Company's systems, or related acts such as tampering with program code or location information, cheating through the intentional submission of false information, exploiting specifications of communication devices or applications, distributing computer viruses, or otherwise interfering with the normal operation of the Service, or any act that may do so;
   9. Any act of using macros, or functions or tools that automate operations;
   10. Any act that damages, or may damage, the credibility of the Service;
   11. Any act that may adversely affect the mental or physical well-being or the sound development of minors;
   12. Any act of impersonating a third party when using the Service, including by using another User's account;
   13. Any other act deemed inappropriate by the Company.
2. If the Company determines that a User's act falls under any of the items of the preceding paragraph, the Company may, without prior notice, take any or all of the following measures:
   1. Restriction on use of the Service;
   2. Forced withdrawal by termination of this Agreement;
   3. Any other act the Company reasonably determines to be necessary.

Article 10 (Termination)

1. The Company may, without any notice, terminate this Agreement and force a User to withdraw if the User falls under any of the following:
   1. The registered information contains false information;
   2. The User has been subjected to a forced withdrawal by the Company in the past;
   3. The Company is notified of the User's death by the User's heirs or similar parties, or the Company is able to confirm the User's death;
   4. A minor has used the Service without the consent of the minor's statutory representative;
   5. An adult ward, person under curatorship, or person under assistance has used the Service without the consent of the adult guardian, curator, or assistant;
   6. The User fails to respond in good faith to a request from the Company;
   7. The Company otherwise determines that the User is inappropriate.
2. In addition to the cases listed in the preceding paragraph, the Company may terminate this Agreement and force a User to withdraw by giving the User at least 30 days' prior notice. A User who wishes to withdraw shall do so through the withdrawal procedures prescribed by the Company, subject to the Company's approval.
3. A User who has withdrawn pursuant to paragraphs 1 or 2 shall lose the benefit of time upon withdrawal and shall immediately perform all obligations owed to the Company.

Article 11 (No Warranty and Disclaimer)

1. The Company makes no warranty regarding the completeness, accuracy, or effectiveness of the Service or any other expectations of Users. The Company also does not warrant that the Service will not be subject to interruption, suspension, or other failure.
2. When using the Service, Users may be redirected from the Service to other services operated by third parties related to the Service (the "External Services"). In such cases, Users shall, at their own responsibility and expense, use the Service and the External Services after agreeing to the terms of use of the External Services. The Company makes no warranty regarding the completeness, accuracy, or effectiveness of any External Services.
3. The Company shall not be liable for any damages suffered by Users as a result of their failure to update their registered information.
4. Users shall use the Service within the scope of applicable laws and regulations. The Company shall not be liable for any violation by a User of Japanese or foreign laws or regulations in connection with the use of the Service.
5. The Company shall not be liable for any damages suffered by a User as a result of the theft of User Credentials due to unforeseen unauthorized access or similar acts.
6. The Company shall not be liable for any non-performance of all or part of this Agreement due to force majeure, including natural disasters, fire, strikes, trade embargoes, war, civil disturbances, or epidemics.
7. If a User has any trouble with another User in connection with the use of the Service (whether on or off the Service), the Company shall not be liable, and such trouble shall be resolved by the relevant Users at their own expense and responsibility.

Article 12 (Liability for Damages)

1. If a User causes damage to the Company in connection with a violation of these Terms or the use of the Service, the User shall compensate the Company for any damage incurred (including lost profits and attorneys' fees).
2. Notwithstanding any other provisions of these Terms (except for the following paragraph), where the Company causes damage to a User due to reasons attributable to the Company, the Company's liability to compensate for such damage shall be limited to the scope set forth below:
   1. In the case of willful misconduct or gross negligence of the Company: the full amount of such damage;
   2. In the case of ordinary negligence of the Company: only ordinary damage that has actually and directly occurred (excluding special damages, lost profits, indirect damages, and attorneys' fees), up to a maximum of JPY 10,000.
3. Notwithstanding the preceding paragraph, where the User is a corporation, or where an individual uses the Service as or for business purposes, the Company shall have no liability for any damage suffered by such User in connection with the Service unless caused by willful misconduct or gross negligence of the Company. If the Company compensates for damage, the maximum amount shall be the total cumulative fees paid for the most recent one (1) year from the date the damage occurred.

Article 13 (Discontinuation of the Service)

1. The Company may discontinue the provision of the Service if it reasonably determines that the Service should be discontinued.
2. Even in the case set forth in the preceding paragraph, the Company shall have no liability.

Article 14 (Confidentiality)

1. The User and the Company shall strictly and properly manage any confidential information of the other party that comes to their knowledge in connection with the provision or use of the Service (including know-how related to the Service, information about the Company's systems, and all technical or business confidential information), and shall not disclose, provide, or leak such information to any third party (including the Company's affiliates and contractors) without the prior written consent of the other party, nor use it for any purpose other than the provision or use of the Service.
2. The following information shall not constitute confidential information:
   1. Information already in possession at the time of disclosure;
   2. Information already publicly known at the time of disclosure, or that becomes publicly known thereafter through no fault of the recipient;
   3. Information lawfully obtained from a third party after disclosure;
   4. Information independently developed or created without reliance on the disclosed confidential information.
3. Upon the other party's instruction or upon termination of this Agreement, the User and the Company shall promptly, in accordance with the other party's instructions, return or destroy the confidential information after restoring it to its original state, and shall not use it thereafter.
4. If the Company discloses a User's confidential information to the Company's affiliates or contractors with the User's consent, the Company shall bear no liability for the handling of such confidential information by those affiliates or contractors.
5. The Company may use a User's confidential information for the purpose of providing the Service.
6. Notwithstanding paragraph 1, the Company may disclose confidential information to the extent necessary when required to do so under laws, regulations, rules, judgments, orders, or instructions of a court, administrative agency, or other public body with regulatory authority.

Article 15 (Exclusion of Anti-Social Forces)

1. The User and the Company each represent and warrant that they do not currently fall under any of the categories of an organized crime group, a member of an organized crime group, a person for whom less than five (5) years have passed since ceasing to be a member of an organized crime group, a quasi-member of an organized crime group, a company associated with an organized crime group, a corporate extortionist, a social movement racketeer, a special intellectual violence group, or any other equivalent person (collectively, "Organized Crime Group Members, etc."), and that they do not fall under any of the following items, and further warrant that they will not fall under any such category or item in the future:
   1. Having a relationship in which Organized Crime Group Members, etc. are deemed to control management;
   2. Having a relationship in which Organized Crime Group Members, etc. are deemed to be substantially involved in management;
   3. Having a relationship in which Organized Crime Group Members, etc. are deemed to be wrongfully utilized, including for the purpose of seeking unlawful profit for oneself, one's company, or a third party, or for the purpose of causing damage to a third party;
   4. Having a relationship in which funds or other benefits are deemed to have been provided to Organized Crime Group Members, etc.;
   5. Having a relationship between officers or persons substantially involved in management and Organized Crime Group Members, etc. that is to be condemned socially.
2. The User and the Company each covenant that they will not, whether by themselves or through a third party, engage in any of the following acts:
   1. Violent demands;
   2. Unjust demands beyond legal responsibility;
   3. Using threatening words or conduct, or using violence, in connection with transactions;
   4. Damaging the other party's credibility or interfering with the other party's business by spreading rumors, using deceptive means, or using force;
   5. Any other act equivalent to those listed above.
3. If it is found that the other party falls under the category of Organized Crime Group Members, etc. or any of the items of paragraph 1, has engaged in any act listed in the preceding paragraph, or has made a false statement with respect to the representations and warranties under paragraph 1, the User and the Company may, regardless of reasons attributable to themselves, terminate this Agreement without any notice to the other party.
4. The User and the Company confirm and agree that, if this Agreement is terminated pursuant to the preceding paragraph, neither party shall bear any liability to compensate the other party for any damages caused by such termination.

Article 16 (Handling of Inquiries)

1. The Company shall endeavor to respond to inquiries from Users regarding the Service, but shall not be obligated to respond except where the Company has an obligation or responsibility under laws, regulations, or these Terms.
2. The Company shall not be obligated to disclose the criteria by which it determines whether to respond to inquiries from Users.

Article 17 (Assignment, etc.)

Neither the User nor the Company may assign, transfer, pledge, or otherwise dispose of, all or part of their position under this Agreement or any of their rights or obligations under these Terms, to any third party without the prior written consent of the other party. However, this shall not apply to share transfers, business transfers, mergers, company splits, or other corporate reorganizations.

Article 18 (Handling of Personal Information)

Personal information in the Service shall be handled in accordance with the Company's Privacy Policy.

Article 19 (Severability)

1. Even if any provision of these Terms is held invalid under applicable laws or regulations, the remaining provisions of these Terms shall remain in effect.
2. Even if any provision of these Terms is invalidated or cancelled in relation to a particular User, these Terms shall remain in effect in relation to other Users.

Article 20 (Handling of Violations)

1. If a User discovers any act in violation of these Terms, the User is requested to contact the Company.
2. Users may not raise any objection to the Company's handling of acts in violation of these Terms.

Article 21 (Term of the Agreement)

The term of this Agreement shall run from the establishment of this Agreement until the User withdraws. The provisions of Article 8, Article 10, Paragraph 3, Articles 11 through 13, Article 15, Paragraphs 3 and 4, Article 17, Article 19, this Article, and Article 23 shall survive the termination of this Agreement.

Article 22 (Changes to these Terms)

1. The Company may amend these Terms from time to time pursuant to Article 548-4 of the Civil Code of Japan, in any of the following cases. This Agreement after such amendment shall be governed by these amended Terms.
   1. When the amendment to these Terms is consistent with the general interests of Users;
   2. When the amendment to these Terms is not contrary to the purpose of the Agreement and is reasonable in light of the necessity of the amendment, the appropriateness of the amended contents, and other circumstances concerning the amendment.
2. When the Company amends these Terms, the Company shall determine the effective date of the amended Terms and shall, at least two (2) weeks prior to such effective date, notify Users of the contents of the amended Terms and the effective date by displaying such information on the Service or by other means prescribed by the Company.
3. Notwithstanding the preceding two paragraphs, a User shall be deemed to have agreed to the amendment to these Terms if, after the notice of the amendment under the preceding paragraph, the User uses the Service, or does not take the cancellation procedure within the period prescribed by the Company.

Article 23 (Governing Law and Jurisdiction)

These Terms shall be governed by the laws of Japan, and all lawsuits between Users and the Company shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Article 24 (Handling of Personal Information)

1. For matters not provided for in these Terms, if the Company separately establishes supplementary rules, Users shall comply with such rules. In such case, such supplementary rules shall form an integral part of these Terms.
2. Supplementary rules shall take effect from the time they are posted in a location designated by the Company.
3. In the event of any conflict between supplementary rules and these Terms, these Terms shall prevail.

Note: This English version is provided for reference only. In the event of any discrepancy between the Japanese version and this English version, the Japanese version shall prevail.

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[Established and in force: January 20, 2025]
[Revised: May 21, 2025]