Welcome to Blue Eye Sensei (BES), a platform dedicated to bridging the gap between Japan and the international community through specialized services in language education, coaching, consulting, digital assets, and subscription memberships. By accessing and using our website, www.blueeyesensei.com, you agree to comply with and be bound by the following Terms of Service (“Terms”).

1. Acceptance of Terms

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using our services.

2. Company Information

Blue Eye Sensei (BES) operates as a sole proprietorship under Japanese law. Our business address is available upon request. For any inquiries, please contact us at blueeyesensei@gmail.com.

3. Services Offered

BES offers a range of services, including but not limited to:

– Japanese Language Education Programs: Interactive lessons, personal coaching, and consulting services tailored to facilitate your integration into Japanese culture and professional environments.
– Digital Assets: Sale of digital products such as digital planners, to-do lists, templates, software, and e-books.
– Subscriptions: Monthly memberships granting access to exclusive content and communities, including our Discord server. Membership tiers include Plum (Free), Bamboo (Academy), and Pine (Business).

Details of each service tier, features, and benefits are provided on our website.

4. Eligibility

Our services are available to individuals who are at least 13 years old. Users under the age of 18 should use our services under the supervision of a parent or guardian. By using our services, you represent and warrant that you meet this eligibility requirement.

5. Account Registration and Use

– Account Information: You agree to provide accurate, current, and complete information during registration and to update such information as necessary.
– Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
– Unauthorized Use: You agree to notify BES immediately of any unauthorized use of your account.

6. Intellectual Property Rights

– Ownership: All content on our website, including text, graphics, logos, images, and digital assets, is the property of BES or its content suppliers and is protected by international copyright and trademark laws.
– License: Upon purchase, BES grants you a non-exclusive, non-transferable license to use the digital assets for personal, non-commercial purposes.
– Restrictions: You may not reproduce, redistribute, resell, lease, or modify any portion of the content without express written permission from BES.

7. User Conduct

You agree to:

– Lawful Use: Use our website and services only for lawful purposes.
– Respectful Interaction: Not infringe upon the rights of others or restrict or inhibit their use and enjoyment of the website.
– Community Guidelines: Adhere to the rules and guidelines set forth in our Discord community and other platforms.
– Prohibited Content: Refrain from uploading or sharing any content that is offensive, illegal, infringes on intellectual property rights, or violates any applicable laws.

8. Payment Terms

– Pricing: All prices for services, digital assets, and subscriptions are listed on our website and are subject to change.
– Payment Methods: We accept payments through secure gateways such as Stripe and Google Pay.
– Billing Cycle: Subscriptions are billed monthly and auto-renew unless canceled by the user.
– Price Changes: Any changes in pricing will be communicated to users at least 30 days in advance via email or through our platform.

9. Refund and Cancellation Policy

– Refunds: All sales of digital assets and subscriptions are final and non-refundable due to the immediate access to digital content.
– Exceptions: If you encounter issues like defective digital products or billing errors, please contact our support team at blueeyesensei@gmail.com within 14 days of the purchase for assistance.
– Cancellations: You may cancel your subscription at any time. Cancellation will prevent future charges but will not refund the current billing period. Access to subscription content will continue until the end of the current billing cycle.
– Chargebacks and Disputes: Unauthorized chargebacks may result in suspension or termination of your account. Please contact us to resolve any billing issues before initiating a chargeback.

10. Delivery of Digital Goods

– Access: Digital assets and subscription content will be available for download or access immediately upon successful payment.
– Technical Requirements: You are responsible for ensuring that your devices meet the necessary system requirements to access and use digital content.

11. User-Generated Content

– Ownership: You retain ownership of any content you create or share on our platforms. By posting, you grant BES a non-exclusive, royalty-free license to use, display, reproduce, and distribute such content within our services.
– Responsibility: You are solely responsible for the content you post and must ensure it does not violate any laws or rights of third parties.
– Moderation: BES reserves the right to remove or modify user-generated content that violates our policies or is deemed inappropriate.

12. Limitation of Liability and Disclaimers

– “As Is” Basis: Our website and services are provided on an “as is” and “as available” basis without warranties of any kind.
– No Warranty: BES does not guarantee that the services will be uninterrupted, error-free, or secure.
– Limitation of Liability: To the fullest extent permitted by law, BES’s total liability to you for any claims arising out of or relating to these Terms or your use of the services shall not exceed the amount you have paid to BES in the last 12 months.

13. Dispute Resolution

– Governing Law: These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law principles.
– Jurisdiction: Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts located in Tokyo, Japan.
– Arbitration: At BES’s discretion, disputes may be resolved through binding arbitration in accordance with the rules of the Japan Commercial Arbitration Association.
– Class Action Waiver: You agree to resolve disputes on an individual basis and waive the right to participate in a class-action lawsuit.

14. Privacy and Data Protection

– Data Handling: We are committed to protecting your personal information. Please refer to our プライバシーポリシー for details on how we collect, use, and safeguard your data.
– Compliance: BES complies with applicable data protection laws, including the General Data Protection Regulation (GDPR) for EU users and the California Consumer Privacy Act (CCPA) for California residents.

15. Modification of Terms

– Updates to Terms: BES reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website.
– Notification: Users will be notified of significant changes via email or through notices on our website at least 15 days before the changes take effect.
– User Acceptance: Continued use of the services after any such changes constitutes your acceptance of the new Terms.

16. Termination by BES

BES reserves the right to suspend or terminate your access to services at any time, without prior notice, for violations of these Terms, illegal activities, or conduct that we believe is harmful to other users, third parties, or us.

17. Promotions and Discounts

– Offers: BES may offer promotions, discounts, or referral programs from time to time.
– Terms: Specific terms and conditions will apply to each promotion and will be provided at the time of the offer.
– Changes: BES reserves the right to modify or discontinue promotions at any time without notice.

18. Age Restrictions

Our services are intended for users who are at least 13 years old. Users under 18 should use our services under the supervision of a parent or guardian.

19. Accessibility

BES is committed to making our services accessible to all users. If you have any suggestions or encounter accessibility barriers, please contact us at blueeyesensei@gmail.com.

20. Contact Information

– Email Support: For customer support and inquiries, please contact us at blueeyesensei@gmail.com.
– Discord Support: Users can reach out to us directly through our Discord community.
– Response Time: We strive to respond to all inquiries within 48 hours.

21. Entire Agreement

These Terms constitute the entire agreement between you and BES regarding the use of our services and supersede any prior agreements.

22. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect.

23. Third-Party Services

Our services may contain links to third-party websites or services (such as Discord) that are not owned or controlled by BES. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.