Terms and Conditions

Agreement Overview

These Terms and Conditions form a legally binding agreement between you (the "User" or "Student") and DeutschBridge Academy (the "Company," "we," "us," or "our") regarding your access to and use of our educational services, website, and related offerings.

By accessing our website, enrolling in our courses, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our services.

These terms supplement and should be read in conjunction with our Privacy Policy, Cookie Policy, and any other policies referenced herein. In the event of any conflict between these terms and other policies, these Terms and Conditions shall prevail.

User Obligations and Responsibilities

1. Compliance with Laws and Regulations

1.1 Legal Compliance

You agree to comply with all applicable local, national, and international laws, regulations, and statutes when using our services. This includes but is not limited to laws governing online conduct, acceptable content, data privacy, and intellectual property.

1.2 Age Requirements

You must be at least 16 years of age to register for our services independently. Users under 16 must obtain parental or legal guardian consent before enrollment. By registering, you represent that you meet the age requirements or have obtained necessary consent.

1.3 Accurate Information

You warrant that all information provided during registration and throughout your use of our services is accurate, current, and complete. You agree to promptly update your information should any changes occur. Providing false or misleading information may result in account termination.

2. Prohibited Activities and Conduct

2.1 Unlawful Use

You shall not use our services for any unlawful purpose or to conduct illegal activities, including but not limited to:

• Violating any local, national, or international law
• Infringing on intellectual property rights
• Engaging in fraudulent activities or identity theft
• Distributing harmful or malicious software
• Facilitating illegal transactions or activities

2.2 Harassment and Discrimination

You agree not to harass, threaten, intimidate, or discriminate against any individual based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, age, or any other protected characteristic. This applies to interactions with instructors, staff, and fellow students.

2.3 System Interference

You shall not attempt to gain unauthorized access to our systems, interfere with the proper functioning of our services, or engage in any activity that imposes an unreasonable load on our infrastructure. This includes using automated systems, bots, or scripts without authorization.

2.4 Content Restrictions

You agree not to upload, post, transmit, or share content that is:

• Defamatory, obscene, pornographic, or offensive
• Harmful to minors in any way
• Infringes on intellectual property or privacy rights
• Contains viruses, malware, or harmful code
• Promotes violence, hatred, or illegal activities

3. Indemnification

You agree to indemnify, defend, and hold harmless DeutschBridge Academy, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) arising from your violation of these Terms and Conditions, your use of our services, or your violation of any rights of another party.

Liability Limitations and Warranties

4. Disclaimer of Warranties

4.1 Services Provided "As Is"

Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We make no warranties or representations about the accuracy, reliability, completeness, or timeliness of our services, content, or instructional materials.

4.2 No Guarantee of Results

While we strive to provide high-quality German language education, we do not guarantee specific learning outcomes, proficiency improvements, certification exam success, or career advancement. Educational results depend on multiple factors including individual effort, dedication, practice time, prior knowledge, and learning aptitude.

4.3 Third-Party Content

We disclaim all warranties regarding third-party content, links, or services that may be accessible through our website. We do not endorse or assume responsibility for the accuracy, reliability, or legality of such third-party materials.

4.4 Technical Functionality

We do not warrant that our services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We are not responsible for delays, failures, or interruptions caused by circumstances beyond our reasonable control.

5. Limitation of Liability

5.1 Exclusion of Damages

To the maximum extent permitted by applicable law, DeutschBridge Academy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from your access to or use of our services.

5.2 Maximum Liability Cap

Our total liability to you for all claims arising from or related to these Terms and Conditions or your use of our services shall not exceed the amount you paid to us in the twelve months preceding the claim, or ¥50,000, whichever is less.

5.3 Essential Purpose

The limitations of liability set forth in this section shall apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

6. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms and Conditions if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, severe weather events, or acts of God
• War, terrorism, civil unrest, or government actions
• Pandemics, epidemics, or public health emergencies
• Power failures, telecommunications outages, or internet disruptions
• Labor disputes, strikes, or lockouts
• Acts or omissions of third parties beyond our control

Legal Framework and Dispute Resolution

7. Governing Law and Jurisdiction

7.1 Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of , without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms.

7.2 Exclusive Jurisdiction

Any disputes, claims, or controversies arising out of or relating to these Terms and Conditions or your use of our services shall be subject to the exclusive jurisdiction of the courts located in Tokyo, Japan. You consent to personal jurisdiction in these courts and waive any objection to venue in these courts.

8. Dispute Resolution Process

8.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve disputes informally by contacting us directly. We will make good faith efforts to resolve the dispute through negotiation within 30 days of receiving your written notice.

8.2 Mediation and Arbitration

If informal resolution is unsuccessful, the parties agree to pursue mediation or arbitration before resorting to litigation. The arbitration shall be conducted in Tokyo, Japan, in accordance with the rules of the Japan Commercial Arbitration Association, and shall be conducted in Japanese or English as agreed by the parties.

8.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

9. Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the provision shall be severed from these terms, and the remaining provisions shall continue in full force and effect.

Intellectual Property and Content Rights

10. Copyright and Trademark Protection

10.1 Ownership of Content

All content, materials, features, and functionality available through our services, including text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof, are the exclusive property of DeutschBridge Academy or its licensors and are protected by Japanese and international copyright, trademark, patent, trade secret, and other intellectual property laws.

10.2 Restrictions on Use

You may not, without our express written permission:

• Copy, reproduce, distribute, or publicly display our content
• Modify, adapt, translate, or create derivative works
• Decompile, reverse engineer, or disassemble our software
• Remove or alter any copyright, trademark, or proprietary notices
• Use our content for commercial purposes without authorization
• Frame or mirror any portion of our services

10.3 Trademarks

DeutschBridge Academy, our logo, and related marks are trademarks or registered trademarks of our company. Other trademarks, service marks, and trade names that may appear on our services are the property of their respective owners.

Privacy and Data Protection

11. Data Privacy

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. Our Privacy Policy explains how we collect, use, disclose, and protect your personal information. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

Please review our Privacy Policy carefully to understand our data practices. If you do not agree with our Privacy Policy, you must discontinue use of our services.

Modifications and Updates

12. Changes to Terms

12.1 Right to Modify

We reserve the right to modify, amend, or update these Terms and Conditions at any time without prior notice. Changes will be effective immediately upon posting on our website unless otherwise specified. The "Last updated" date at the top of this document indicates when the most recent changes were made.

12.2 Notification of Changes

For material changes to these terms, we may provide additional notice such as a prominent announcement on our website or email notification to registered users. However, we recommend that you review these Terms and Conditions periodically to stay informed of any updates.

12.3 Acceptance of Modified Terms

Your continued use of our services after modifications to these Terms and Conditions constitutes your acceptance of the updated terms. If you do not agree with the modified terms, you must discontinue use of our services and, if applicable, close your account.

Additional Provisions

13. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any other legal notices or policies published on our website, constitute the entire agreement between you and DeutschBridge Academy regarding your use of our services. These terms supersede all prior or contemporaneous communications, agreements, and proposals, whether oral or written.

14. Waiver

Our failure to enforce any provision of these Terms and Conditions or to exercise any right or remedy available to us shall not constitute a waiver of that provision, right, or remedy, nor shall it prevent us from enforcing that provision, right, or remedy at a later time. Any waiver must be in writing and signed by an authorized representative of DeutschBridge Academy.

15. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms and Conditions without our prior written consent. We reserve the right to assign, transfer, or delegate our rights and obligations under these terms to any third party without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

16. Survival

Provisions of these Terms and Conditions that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions.

17. Language

These Terms and Conditions are written in English. If these terms are translated into other languages, the English version shall prevail in the event of any conflict or inconsistency between versions.

Acknowledgment

By using our services, you acknowledge that you have read these Terms and Conditions in their entirety, understand them, and agree to be bound by all provisions contained herein. You further acknowledge that you have had the opportunity to seek independent legal advice regarding these terms if desired.

If you do not accept these Terms and Conditions, you are not authorized to use our services and must immediately cease all use of our website and educational programs.

DeutschBridge Academy