December 23, 2024 (Last revised)
This is a provisional translation. In the event of any inconsistency or difference between the two versions of these terms, the Japanese version shall take precedence in all respects.
These Terms of Service (hereinafter referred to as “these Terms”) set forth the terms and conditions for using all products and services related to LoiLoNote School (hereinafter referred to as “the Service”) provided by LoiLo Inc. (hereinafter referred to as “the Company”) for customers using the Service (hereinafter simply referred to as “the Customer”). For Customers in the United States, LoiLoNote School Terms of Service for U.S. Users (https://n.loilo.tv/en/term) apply.
The following terms are used in these Terms:
1.1. “Content” refers to text, audio, music, images, videos, software, programs, code, and other forms of information.
1.2. “Service Content” refers to Content accessible to the Customer through the Service, excluding User Content as defined in 1.3.
1.3. “User Content” refers to Content posted, transmitted, saved, or uploaded to the Service by the Customer.
1.4. “Individual Terms of Use” refers to any document titled “Terms,” “Guidelines,” “Policy,” or otherwise distributed or posted by the Company concerning the Service, separate from these Terms.
2.1. Customers must agree to these Terms before using (including trial use) the Service.
2.2. If Individual Terms of Use are provided, the Service shall be used according to these Terms and such Individual Terms of Use. In case of a discrepancy between these Terms and the Individual Terms of Use, the provisions of the Individual Terms of Use shall take precedence.
2.3. The Company reserves the right to change these Terms and Individual Terms of Use without prior notice if such changes benefit Customers generally or if such changes are reasonable, considering the necessity, reasonableness of the modified content, and other factors. In such cases, the Company will provide notice by posting the revised Terms on its website or notifying Customers by email or other means, including the effective date of the changes. Customers should refer to the latest version of these Terms and any applicable Individual Terms of Use whenever using the Service.
3.1. This section, “3. Business Use of the Service,” applies only when the Customer is an individual or organization using the Service for business purposes (such organizations may include corporations, school corporations, boards of education, and local public bodies managing schools, collectively referred to as “Schools”).
3.2. The Customer shall ensure that individuals using the Service under its management (hereinafter referred to as “Users”) comply with these Terms and any applicable Individual Terms of Use.
3.3. If Users are minors, the Customer must provide an explanation of the Service to the legal guardians of these Users and obtain consent for using the Service (including consent to these Terms and other documents designated by the Company on behalf of the Users).
3.4. Based on the Service Usage Agreement with the Company, the Customer may, within the permitted scope, use an administrator account issued by the Company to set up User accounts for Users under the Customer's management. Only individuals with a User account set up by the Customer are authorized to use the Service under the Customer’s management.
3.5. The Customer is responsible for maintaining up-to-date information on Users and managing the removal of unnecessary User accounts. If the Company determines an account is no longer needed, it reserves the right to delete such User accounts without prior notice to the Customer.
3.6. If the Customer terminates its use of the Service, the Company will discontinue Users’ access to the Service following the termination date of the Customer’s Service use.
4.1. The Company reserves the right to determine, based on its criteria, the eligibility of individuals or entities (hereinafter referred to as “Applicants”) wishing to register for the Service.
4.2. The Company may reject an application if any of the following circumstances apply. The Company has no obligation to explain its reasons for rejecting an application.
4.2.1. If the Company determines that the Applicant is likely to violate these Terms;
4.2.2. If any part of the information provided by the Applicant is false, inaccurate, or incomplete;
4.2.3. If the Applicant has previously had their Service registration revoked;
4.2.4. If the Applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and the consent of their legal guardian, curator, or assistant has not been obtained;
4.2.5. If the Company otherwise determines that registration is inappropriate.
5.1. The Customer is responsible for managing their ID, password, and other authentication information to prevent unauthorized use. The Company may regard any action performed using such authentication information as the Customer’s own action, except in cases attributable to factors beyond the Customer’s control.
5.2. Registered Customers may delete their account and withdraw from the Service at any time by following the Company’s prescribed procedure. However, if the Customer’s account is under the management of a School, only the School has the authority to delete or withdraw the Customer’s account.
5.3. If the Company deems it necessary to prevent circumstances described in Article 4.2 or Article 12, it may delete the Customer’s account or delete all or part of User Content without prior notice.
5.4. The Company reserves the right to delete any free account that has been inactive for over one year without prior notice.
5.5. All rights of use granted to the Customer concerning the Service will be terminated immediately upon the deletion of the account, regardless of the reason. Note that deleted accounts cannot be restored even if deleted accidentally by the Customer.
5.6. Service accounts are personal to the Customer, and the Company provides the Service exclusively to registered Customers. Rights granted in relation to the Service may not be transferred, loaned, or inherited by a third party.
6.1. The Company respects the privacy of the Customer to the utmost extent.
6.2. The Company shall appropriately protect the Customer's personal information in accordance with the Privacy Policy published at https://n.loilo.tv/ja/privacy.
6.3. The Company takes utmost care to manage the information collected from the Customer securely.
7.1. This section, “7. Handling of Users’ Personal Information,” applies only when the Customer is a School.
7.2. The Company processes Users' personal information under the Customer’s (School’s) commission.
7.3. The Company may use aggregated statistical information, which does not identify specific Users, to report usage conditions to the Customer or to provide guidance on promoting usage.
8.1. The Company reserves the right to suspend or interrupt the Service in whole or in part without prior notice to the Customer in any of the following cases:
8.1.1. When urgent system, equipment, or maintenance work on the Service is necessary;
8.1.2. When system, equipment, or communication line issues, errors, excessive traffic, unauthorized access, hacking, or other factors make operation of the Service impossible;
8.1.3. When operation of the Service is hindered by force majeure events such as earthquakes, lightning, fires, floods, storms, power outages, or other natural disasters;
8.1.4. When the Company is requested to suspend the Service by governmental or municipal authorities or other public institutions;
8.1.5. When the Company otherwise reasonably determines that suspension or interruption is necessary.
8.2. The Company may modify the Service’s content in whole or in part at any time without prior notice to the Customer if deemed necessary.
8.3. The Company may discontinue providing the Service in whole or in part at its discretion. In this case, the Company shall notify or announce the discontinuation to the Customer in advance.
The Service may contain services or content provided by entities other than the Company. Responsibility for such services or content lies with the entities providing them, and the terms and conditions set by those entities shall apply.
10.1. Copyrights, trademarks, and other intellectual property rights related to LoiLoNote School belong to the Company or third parties licensed by the Company.
10.2. The Company grants the Customer a non-exclusive, non-transferable, and non-sublicensable license to use LoiLoNote School and the Service Content solely for the purposes of using the Service in accordance with these Terms and methods prescribed by the Company.
10.3. The Customer may display or cache Service Content on a telecommunications device by connecting to equipment designated by the Company through a telecommunications line, and use the displayed or cached Service Content only within the range set by the Company.
10.4. The Customer may record Service Content on their recording media (limited to devices used to access the Service, such as personal computers or mobile phones) to the extent necessary for using the Service and in accordance with copyright law.
10.5. The Company reserves the right to change the validity period of the right to use Service Content.
10.6. If separate terms of use, including fees and usage periods, are established for Service Content, the Customer shall comply with these terms. Even if “Purchase” or “Sale” appears on the Service screen, no intellectual property or other rights to the Service Content provided by the Company are transferred to the Customer; only the right to use such Content is granted.
10.7. The Customer shall not use Service Content beyond the intended use of the Service, including but not limited to reproduction, transmission, reprinting, or alteration.
10.8. The Company provides no explicit or implicit guarantees regarding the presence of rights infringement in third-party Service Content posted on the Service.
11.1. The Customer represents and warrants that the User Content does not infringe third-party rights, including but not limited to copyright, patents, trademarks, reputation rights, privacy rights, or other intellectual property rights, and is valid and lawful. If a dispute arises with a third party due to an infringement of such rights, the Customer assumes responsibility for resolving the dispute, and the Company has no obligation to resolve it. If the Company is notified of such infringement by a third party and deems it reasonable, it may disclose the Customer's name or contact information to that third party.
11.2. The Customer may store Content on the Service for educational purposes only. Storing non-educational data (including but not limited to photographs, videos, and data created for backup purposes) is prohibited.
11.3. The Service may include functions for sharing User Content with other Customers or for allowing multiple Customers to post, edit, or delete User Content. By using these functions, the Customer permits the Company to use User Content as needed for providing the Service (including sublicensing to third parties within the necessary scope), and permits third parties to use the Content within the Service’s scope.
11.4. The Customer retains intellectual property rights to User Content, and the Company acquires no such rights.
11.5. The Company reserves the right to review User Content if necessary to confirm compliance with applicable laws or these Terms.
11.6. If the Company determines that User Content violates applicable laws or these Terms or if necessary for business reasons, it may restrict use of the User Content on the Service, including by deletion, without prior notice to the Customer.
The Customer shall not engage in any of the following acts while using the Service:
12.1. Any act that hinders the operation of the Service or other Customers’ use of the Service;
12.2. Violation of any applicable law, court ruling, or legally binding administrative measure;
12.3. Any act that may harm public order and morals;
12.4. Infringement of intellectual property rights, honor rights, privacy rights, or other legal or contractual rights of the Company or third parties (including decoding, decompiling, disassembling, reverse engineering, or similar actions on the Company’s applications);
12.5. Posting or transmitting excessively violent, explicit sexual content, discriminatory expressions, self-harm, drug abuse, or other gang-related content that may cause discomfort to others (including actions intended to criticize or harm other Customers or the Company);
12.6. Impersonating the Company or a third party, or deliberately spreading false information;
12.7. Sending identical or similar messages to unspecified Customers (except as permitted by the Company), or any act deemed to be spam by the Company;
12.8. Exchanging the rights to use Service Content for cash, property, or economic benefits in any manner other than specified by the Company;
12.9. Using the Service for commercial activities (except as permitted by the Company), including sales or solicitation; selling or transferring items between individuals; activities aimed at sexual or obscene acts; encounters or relationships with unfamiliar individuals; harassment or defamation of others (including actions intended to criticize or harm other Customers or the Company);
12.10. Providing benefits or other assistance to gang-related groups;
12.11. Religious activity or solicitation to religious groups;
12.12. Unauthorized collection, disclosure, or provision of personal information, registration information (including IDs, email addresses, passwords), or usage history of others;
12.13. Any act that interferes with the Service’s servers or networks; fraudulent manipulation of the Service by using viruses, bots, cheat tools, or other technical means; intentional exploitation of Service bugs; excessive or unreasonable inquiries or demands to the Company; or any action that hinders the Company’s operation of the Service, including nuisance comments or chain messages;
12.14. Assisting or encouraging any act described above in Articles 12.1 through 12.13;
12.15. Any other act that the Company deems inappropriate.
13.1. If the Customer uses paid services or content, they shall pay the fees specified by the Company according to the service content, number of devices, number of users, usage period, etc., by the Company-specified method and date. The Company shall not refund fees for any reason.
13.2. Bank transfer fees, remittance fees, and other charges required for payment shall be borne by the Customer.
13.3. If the Customer fails to pay the fees specified by the due date, the Company may charge the Customer a late payment fee at an annual rate of 14.6% on the overdue amount from the day after the due date until the amount is paid in full.
14.1. The Company reserves the right to suspend the Customer’s use of the Service, cancel registration, or terminate the Service agreement without prior notice in any of the following cases:
14.1.1. Violation of these Terms;
14.1.2. Failure to pay the Service fees;
14.1.3. Inability to contact the Customer for reasons not attributable to the Company;
14.1.4. If a petition for bankruptcy, civil rehabilitation, or similar insolvency proceedings is filed;
14.1.5. If the Customer is found to be associated with or in contact with gang-related groups;
14.1.6. Defamation of the Company or third parties through rumor spreading, fraud, intimidation, or other illegal means;
14.1.7. Any other case in which the Company reasonably determines that the Customer’s use of the Service is inappropriate.
14.2. If the Customer uses the Service in violation of these Terms, and as a result, the Company incurs direct or indirect damages (including claims from third parties, attorney fees, or settlement payments in third-party disputes), the Customer shall immediately indemnify the Company for such damages.
14.3. If the Customer receives a claim, request for damages, injunction, or any other demand from a third party due to their use of the Service, the Customer shall promptly notify the Company thereof.
15.1. The Service is provided "as is." The Company strives to provide the Service in the best possible form and aims to offer the best experience to the Customer. However, the Company makes no explicit or implicit warranties regarding the accuracy, currency, usefulness, reliability, legality, suitability for specific purposes, absence of known or unknown security vulnerabilities or bugs, or non-infringement of third-party rights in the Service.
15.2. The Company shall indemnify the Customer only for damages caused directly by the Company’s willful misconduct or gross negligence. In such cases, the Company’s liability shall be limited to the actual and ordinary damages suffered and shall not exceed the amount the Customer paid to use the Service.
15.3. Notwithstanding 15.2, if the agreement between the Company and the Customer concerning the Service (including these Terms) constitutes a consumer contract under the Consumer Contract Act, the Company shall indemnify the Customer for any damages suffered due to the use of the Service (except in cases where the Company is not at fault). In this case, the Company’s liability for damages not resulting from the Company’s willful misconduct or gross negligence shall be limited to actual and ordinary damages.
15.4. The Customer shall use the Service within the scope of applicable laws and these Terms. The Company assumes no responsibility for any violation of Japanese or foreign laws by the Customer in connection with the Service.
15.5. The Company takes no responsibility for any disputes that arise between the Customer and third parties related to the Service. The Customer shall resolve such disputes through discussions or legal proceedings with the other party.
16.1. Communications from the Company to the Customer regarding the Service shall be posted within the Service, in relevant locations on the Company’s website, or by other means deemed appropriate by the Company.
16.2. Communications from the Customer to the Company regarding the Service must be submitted through the inquiry form provided within the Service or on the Company’s website, or by other methods specified by the Company.
17.1. These Terms shall remain effective from the date the Customer begins using the Service until the date the Customer ceases using the Service.
17.2. If the Customer uses the Service under the management of a School, the Customer’s use of the Service shall automatically terminate when the School ceases using the Service.
17.3. Even after the termination of these Terms, the provisions of Articles 2.2, 5.3, 6, 10.1, 11.1 through 11.5, 13, 14, 15, and 18 shall survive.
These Terms are governed by and interpreted in accordance with Japanese law, with the Japanese language as the official text. Any dispute between the Customer and the Company arising out of or in connection with the Service shall fall under the exclusive jurisdiction of the Yokohama District Court or the Yokohama Summary Court as the court of first instance.