Terms and Conditions

Effective Date: January 1, 2025

Last Updated: January 1, 2025

Welcome to SpeakPro Academy. These Terms and Conditions ("Terms," "Agreement") govern your access to and use of our website https://sesquipedalian.pro (the "Website") and the coaching services we provide (collectively, the "Services"). This Agreement is between you ("Client," "you," or "your") and SpeakPro Academy ("Company," "we," "us," or "our").

1. Acceptance of Terms

By registering for our services, accessing our Website, or engaging with our coaching programs, you acknowledge that you have read, understood, and agree to comply with these Terms and Conditions, as well as our Privacy Policy and Refund Policy.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms.

2. Eligibility

Our Services are intended for individuals who are:

• At least 18 years of age
• Legally capable of entering into binding contracts
• Not prohibited from using our Services under applicable laws

By using our Services, you represent and warrant that you meet these eligibility requirements.

3. Services Description

SpeakPro Academy provides professional communication coaching services, including but not limited to:

• Interview preparation and coaching
• Public speaking training and mastery programs
• Presentation skills development
• Executive communication coaching
• Personalized consultation services
• Group workshops and corporate training

Service details, including duration, format (in-person or virtual), and specific content, will be outlined in individual service agreements or confirmed via email upon registration.

4. Registration and Account

To access certain Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the confidentiality of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities conducted through your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

5. Fees and Payment

5.1 Service Fees

Fees for our Services vary based on the program selected and are clearly communicated before enrollment. Current pricing is available on our Services page or upon request.

5.2 Payment Terms

• Payment is required at the time of service booking unless otherwise agreed in writing
• We accept payment via credit card, debit card, and other methods specified on our Website
• All fees are quoted in Japanese Yen (¥) unless otherwise stated
• Payment processing is handled through secure third-party payment processors

5.3 Taxes

Fees do not include applicable taxes, which will be added to your total as required by law. You are responsible for all applicable taxes.

5.4 Late Payment

Failure to make timely payment may result in suspension of Services until payment is received. We reserve the right to charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

6. Cancellation and Rescheduling

6.1 Client Cancellations

You may cancel or reschedule individual coaching sessions by providing at least 24 hours advance notice. Cancellations made with less than 24 hours notice may result in forfeiture of that session.

6.2 Company Cancellations

We reserve the right to cancel or reschedule sessions due to coach unavailability, emergencies, or unforeseen circumstances. In such cases, we will offer alternative scheduling options or provide appropriate compensation.

6.3 No-Show Policy

Failure to attend a scheduled session without prior notice ("no-show") will result in forfeiture of that session without refund or rescheduling.

7. Refund Policy

Please refer to our separate Refund Policy for detailed information regarding refunds, cancellations, and our satisfaction guarantee. The Refund Policy is incorporated into these Terms by reference.

8. Intellectual Property Rights

8.1 Company Content

All content on our Website and provided during our Services, including text, graphics, logos, images, videos, software, and training materials (collectively, "Company Content") is owned by or licensed to SpeakPro Academy and is protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use Company Content solely for your personal, non-commercial use in connection with the Services. You may not:

• Reproduce, distribute, modify, or create derivative works from Company Content
• Use Company Content for commercial purposes without written permission
• Remove or alter any copyright, trademark, or proprietary notices
• Reverse engineer, decompile, or disassemble any software
• Share, sell, or distribute coaching materials to third parties

8.3 Client Materials

You retain ownership of any materials you provide to us during coaching sessions. By providing such materials, you grant us a limited license to use them solely for the purpose of delivering Services to you.

9. User Conduct

You agree to use our Services in compliance with all applicable laws and regulations. You agree not to:

• Engage in any unlawful, fraudulent, or abusive behavior
• Harass, threaten, or harm our coaches or other clients
• Impersonate any person or entity
• Interfere with or disrupt our Services or servers
• Attempt to gain unauthorized access to our systems
• Upload or transmit viruses, malware, or harmful code
• Collect personal information about other users without consent
• Use our Services for any illegal or unauthorized purpose

Violation of these conduct rules may result in immediate termination of your access to our Services.

10. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our data practices as described in the Privacy Policy.

11. Confidentiality

We respect the confidential nature of coaching relationships. Information shared during coaching sessions will be kept confidential, except:

• When disclosure is required by law
• When necessary to protect the safety of individuals
• With your explicit written consent
• When using anonymized information for quality improvement or training purposes

12. Disclaimers and Warranties

12.1 Service Disclaimer

Our coaching services are provided for educational and professional development purposes. We do not guarantee specific outcomes, job placement, salary increases, or career advancement. Results depend on individual effort, circumstances, and factors beyond our control.

12.2 Professional Relationship

Our coaching relationship is professional in nature and does not constitute therapy, counseling, legal advice, or any other licensed professional service. If you require such services, we recommend consulting appropriate licensed professionals.

12.3 "AS IS" Provision

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12.4 No Guarantee

We do not warrant that:

• Our Services will be uninterrupted, timely, secure, or error-free
• Results obtained from using our Services will be accurate or reliable
• The quality of Services will meet your expectations
• Any errors in technology will be corrected

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPEAKPRO ACADEMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, COACHES, AND AFFILIATES 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 (or inability to access or use) our Services
• Any conduct or content of third parties on our Services
• Any content obtained from our Services
• Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless SpeakPro Academy, its officers, directors, employees, coaches, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of third parties
• Your violation of applicable laws or regulations

15. Third-Party Services and Links

Our Website may contain links to third-party websites, services, or resources. We do not endorse and are not responsible for:

• The availability, accuracy, or content of third-party sites
• Products or services available through third-party sites
• Third-party privacy practices or terms of service

Your interactions with third parties are solely between you and the third party.

16. Termination

16.1 Termination by You

You may terminate your relationship with us at any time by discontinuing use of our Services and closing your account. Termination does not relieve you of payment obligations for Services already provided.

16.2 Termination by Us

We reserve the right to suspend or terminate your access to our Services immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Conduct that damages our reputation or business
• Any reason at our sole discretion

16.3 Effect of Termination

Upon termination:

• Your right to use the Services immediately ceases
• We may delete your account and associated data
• Provisions that by their nature should survive termination will survive

17. Dispute Resolution

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law provisions.

17.2 Informal Resolution

Before pursuing formal legal action, you agree to first contact us to attempt to resolve any disputes informally. We will work in good faith to reach a mutually acceptable resolution.

17.3 Arbitration

If informal resolution fails, any dispute arising from these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the Japan Commercial Arbitration Association. The arbitration shall take place in Osaka, Japan, and shall be conducted in English or Japanese.

17.4 Class Action Waiver

You agree that disputes will be resolved on an individual basis. You waive any right to participate in class actions or representative proceedings.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and SpeakPro Academy regarding our Services.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our written consent. We may assign these Terms without restriction.

18.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, acts of government, war, pandemic, labor disputes, or technical failures.

18.6 Language

These Terms are provided in English. Any translation is provided for convenience only. In the event of conflict, the English version shall prevail.

19. Contact Information

20. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SERVICES.

Last Reviewed: January 1, 2025