Terms of Service

Agreement to Terms

By accessing or using HarborTalk English services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not access our services. Your continued use of the platform constitutes acceptance of any modifications to these terms.

These terms constitute a legally binding agreement between you and HarborTalk English. We reserve the right to modify these terms at any time, with changes becoming effective upon posting. Material changes will be communicated via email to registered users.

Service Description

HarborTalk English provides online English conversation coaching through live sessions with vetted bilingual instructors. Our services include individual coaching sessions, micro-lesson programs, progress tracking tools, feedback summaries, and corporate team training solutions. Service features and availability may vary based on your subscription plan.

We strive to maintain service availability but do not guarantee uninterrupted access. Scheduled maintenance, technical issues, or circumstances beyond our control may temporarily affect service delivery. We will provide advance notice of planned maintenance whenever possible.

Account Registration and Responsibilities

To use our services, you must create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account. You must immediately notify us of any unauthorized access or security breaches.

Accounts are personal and non-transferable. Sharing account credentials or allowing others to use your account violates these terms. You must be at least 16 years old to create an account. Corporate accounts may authorize multiple users under specific team subscription terms.

Subscription Plans and Payments

Subscription fees are charged monthly or according to your selected plan. Payment is due in advance for each billing cycle. Session bundles are purchased as one-time payments and remain valid for 12 months from purchase date unless otherwise specified. All prices are in Japanese Yen and subject to change with 30 days notice.

You authorize us to charge your designated payment method for all fees. Failed payments may result in service suspension. Subscriptions automatically renew unless canceled before the next billing date. Refunds are provided according to our refund policy outlined below.

Session Scheduling and Cancellation

Sessions must be scheduled at least 24 hours in advance based on coach availability. You may cancel or reschedule sessions up to 12 hours before the scheduled start time without penalty. Late cancellations or no-shows may result in forfeiture of that session credit.

Coaches may cancel sessions due to emergencies or unforeseen circumstances. In such cases, you will receive full credit for the canceled session and priority rebooking assistance. Repeated late arrivals by students may result in shortened sessions or account review.

Refund Policy

Monthly subscriptions may be canceled at any time, with access continuing until the end of the current billing period. No refunds are provided for partial months. Session bundles are refundable within 14 days of purchase if no sessions have been completed. After the first session, refunds are calculated based on unused sessions minus a 20% administrative fee.

Corporate plans have specific refund terms outlined in their service agreements. Technical issues preventing service access will be resolved through credit extensions rather than refunds. Refund requests must be submitted through our customer support system.

User Conduct and Acceptable Use

You agree to use our services respectfully and professionally. Prohibited conduct includes harassment, discrimination, abusive language toward coaches or staff, sharing inappropriate content, attempting to record sessions without permission, and violating intellectual property rights. We reserve the right to terminate accounts that violate these standards.

You may not use our services for any unlawful purpose, to impersonate others, to distribute malware or spam, to attempt unauthorized access to our systems, or to interfere with other users' experiences. Violations may result in immediate account suspension and legal action.

Intellectual Property Rights

All content on HarborTalk English, including text, graphics, logos, lesson materials, software, and session recordings, is our property or licensed to us and protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without explicit written permission.

Lesson materials provided during sessions are for your personal use only. You retain ownership of content you create or submit but grant us a license to use it for service delivery, quality improvement, and promotional purposes with your consent.

Coach Relationships and Independent Contractors

Coaches on our platform are independent contractors, not employees of HarborTalk English. We vet and approve coaches but do not control their teaching methods within our quality standards. Coaches are responsible for their tax obligations and professional conduct during sessions.

You agree not to solicit coaches for services outside our platform during and for 12 months after using our services. Direct engagement with coaches outside the platform violates these terms and may result in account termination and legal action to recover lost revenue.

Limitation of Liability

HarborTalk English and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services. Our total liability for any claim shall not exceed the amount you paid for services in the three months preceding the claim.

We do not guarantee specific learning outcomes or language proficiency improvements. Results vary based on individual effort, practice consistency, and other factors outside our control. We are not liable for technical failures, data loss, or interruptions beyond our reasonable control.

Indemnification

You agree to indemnify, defend, and hold harmless HarborTalk English from any claims, liabilities, damages, losses, and expenses arising from your violation of these terms, your use of our services, your content submissions, or your infringement of any third-party rights. This obligation survives termination of your account.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense of such claims.

Termination

You may terminate your account at any time through your account settings. We may suspend or terminate your account for violation of these terms, fraudulent activity, abusive behavior, payment failure, or at our discretion with reasonable cause. Upon termination, your access to services ceases immediately, though certain provisions of these terms survive.

Termination does not relieve you of payment obligations for services rendered or fees incurred before termination. Unused session credits expire upon account termination without refund, except as required by applicable law.

Dispute Resolution and Arbitration

Any disputes arising from these terms or your use of our services shall be resolved through binding arbitration in accordance with Japanese commercial arbitration rules, with proceedings conducted in Yokohama, Japan. You waive the right to participate in class action lawsuits or class-wide arbitration.

Before initiating arbitration, you must first attempt to resolve the dispute through our customer support team. If informal resolution fails within 30 days, either party may commence arbitration. The arbitrator's decision is final and binding, with limited grounds for appeal.

Governing Law

These terms are governed by the laws of Japan, without regard to conflict of law principles. You consent to the exclusive jurisdiction of courts in Yokohama, Japan for any disputes not subject to arbitration. If any provision of these terms is found invalid or unenforceable, the remaining provisions continue in full effect.

These terms constitute the entire agreement between you and HarborTalk English regarding our services, superseding any prior agreements or understandings.

Third-Party Services and Links

Our platform may integrate with or link to third-party services such as payment processors, video conferencing tools, and social media platforms. We are not responsible for the content, practices, or policies of these third parties. Your use of third-party services is governed by their respective terms and privacy policies.

Links to external websites are provided for convenience only and do not constitute endorsement. We have no control over third-party sites and are not liable for any damages arising from your use of them.

Contact Information

For questions regarding these Terms of Service, please contact us at:

Email: legal@nylvenfield.com
Phone: +81 45-834-8114
Address: Japan, 〒222-0037 Kanagawa, 横浜市港北区Kohoku Ward, Okurayama, 3 Chome−42−13 エスポワール 大倉山 1 階

We aim to respond to all inquiries within 5 business days.