Terms of Use
Last Updated: June 29, 2024
When you use any products or services provided by Ashiba LLC, you are agreeing to these latest Terms of Use (‘Terms’). Violation of these terms may, at our discretion, result in us terminating your account.
We may update these Terms of Use at any time. If we make significant changes, we will refresh the date at the top of this page and notify all current App users.
Definitions
‘App’ refers to the Ashiba app found at app.nihongonoashiba.com.
‘Company’, ‘we’, ‘our’, or ‘us’ refers to Ashiba LLC.
‘Site’ refers to nihongonoashiba.com.
‘You’ or ‘your’ refers to any individual that uses the Site or has an account with the App.
Account Terms
- You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You may not use the App or Site for any purpose outlined in the use restrictions below.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Payment, Refunds, and Plan Changes
- For services that offer a free trial, such as the App, we explain the length of the trial when you sign up. After the trial period, you need to pay to keep using all features of the service. If you do not pay, you will still have limited access to such services.
- When you pay for any products offered on the Site or App, we will charge your card immediately and your access to such products will begin following the charge.
- Sales of all products on the Site or App are generally final and non-refundable. However, if you believe your circumstances warrant a refund, please email us to request a refund.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not automatically considered cancellation. If you need help canceling your account, please email us.
- All of your data will be immediately deleted from the App upon account cancellation. We cannot recover this information once it has been permanently deleted.
- We reserve the right to suspend or terminate your account and refuse any and all current or future use of the App for any reason at any time. Suspension means you will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the deletion of all content in your account. We also reserve the right to refuse the use of the App to anyone for any reason at any time, including, but not limited to violations of our use restrictions listed below.
Modifications and Prices
- We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Site or App with or without notice.
- Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on the Site or App.
Uptime, Security, and Privacy
- Your use of the Site or App is at your sole risk. We provide these services and products on an ‘as is’ and ‘as available’ basis.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the App. We’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the App for other customers.
- We take many measures to protect and secure your data. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted.
- You agree that the Company may process your data as described in our Privacy Policy and for no other purpose.
- Under the California Consumer Privacy Act (‘CCPA’), the Company is a ‘service provider’ with respect to your use of the Site and the App. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms and the Privacy Policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. Similarly, you agree to comply with your requirements under the CCPA and not use this Site or the App in a way that violates the regulations.
Restricted Uses
When you use the App or the Site, you agree not to:
- Use the products to break any laws or regulations.
- Gather or use information from other accounts.
- Attempt to deceive us or other users by making false reports or pretending to be someone else.
- Bypass or interfere with the security features of the products.
- Overload or disrupt any configuration or operations of the products.
- Send or try to send viruses or any malware, or add tracking tools like web bugs and cookies to the products.
- Harass or threaten other users, or any of our employees.
- Speak ill of or damage, in our view, us or the products.
- Engage in any scraping, data harvesting, data mining, data extraction, or any other similar activity, whether manual or automated, in relation to the content contained on the App or the Site.
Copyright and Content Ownership
- The Company or its licensors own all right, title, and interest in and to the Site and App, including all intellectual property rights therein, and you obtain no ownership rights in the Site or App as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.
- You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the App or Site without the express written permission of the Company.
Liability
You agree that the Company is not liable to you or to any third party for damages of any kind that result from the use of the Site or App, inability to access data, or unauthorized access of your data or account. The Company is also not liable for damages of any kind related to actions of any third party that uses the Site or App, or any other consequences related to the Terms of Use.
Acceptance of These Terms
By using this Site or the App, you signify your acceptance of these Terms. If you do not agree to these Terms, you are free to refrain from using this Site or the App. Your continued use of this Site or the App following the posting of changes to these Terms will be deemed your acceptance of those changes.