Terms and Conditions

Last Updated: 30-Oct-2025

Welcome to Nihoner.com (“Nihoner”, “we”, “us”, “our”). These Terms and Conditions (“Terms”) form a binding agreement between you (“you”, “user”, “member”) and Nihoner. By creating an account, purchasing a membership, or using the Site, you agree to be bound by these Terms. If you do not agree, you must not use the Site or Services.

1. Definitions

“Content”: All text, graphics, images, audio, video, lessons, quizzes, games, code, datasets, and other materials provided by Nihoner.
“Services”: Access to Nihoner’s platform, including memberships, tools, and community features.
“Membership”: Any free or paid subscription plan granting access to Content and Services.
“User Data”: Information submitted by you, including profile details, quiz results, and communications.
“User-Generated Content (UGC)”: Any content posted by users, including comments, notes, uploads, or messages.
“Force Majeure”: Events beyond our reasonable control, including but not limited to natural disasters, strikes, war, pandemics, government restrictions, outages, and third-party service failures.

2. Acceptance of Terms

By creating an account, checking an “I agree” box, or using the Services, you accept these Terms, our Privacy Policy, and all referenced policies.
You must be at least 13 years old (U.S.), 16 years old (EU unless lower by Member State law), or the minimum digital consent age in your country.
Users under 18 (or local age of majority) may only use Nihoner with verified parental/guardian consent. Parents/guardians are fully responsible for supervising minors’ activity and purchases.
If you act on behalf of an organization, you confirm you have legal authority to bind it.

3. Services & Access

Nihoner provides Japanese-language learning tools, courses, quizzes, dictionaries, cultural resources, and community features.
We may modify, restrict, suspend, or discontinue Services at any time without liability.
We reserve the right to deny service to any user, at our sole discretion.

4. Registration & Account Security

You must provide accurate, complete information during registration.
You are solely responsible for safeguarding your account credentials and all activity under your account.
Accounts may not be shared, sold, assigned, or transferred without Nihoner’s prior written consent.

5. Membership, Billing & Refunds

Membership plans, pricing, and features are published on our Pricing Page and may change.
Subscriptions renew automatically unless canceled before renewal.
Payments are processed via third-party providers (e.g., Stripe, PayPal). Nihoner does not store card data.
A free trial (if offered) applies once per user. Cancellations must occur before trial end to avoid charges.
EU Withdrawal Right: By purchasing digital content, you expressly agree that access begins immediately and you waive your 14-day withdrawal right.
Unless otherwise required by law, all sales are final and non-refundable. Refunds are governed solely by our Refund Policy.
Chargebacks filed without contacting us may result in suspension, debt collection, and legal action.
We may suspend or terminate services for non-payment, without refund.

6. Content & Intellectual Property

6.1 Ownership of Nihoner Content

All intellectual property rights in Nihoner—including design, code, databases, datasets, lessons, media, and documentation—remain the exclusive property of Nihoner or its licensors.

6.2 Third-Party & Licensed Content

Some materials (e.g., dictionary entries, grammar datasets, audio, cultural notes) originate from third-party licensors or open-data projects.
Ownership remains with their respective rights holders.
Attribution is provided on our Credits & Licenses page.

6.3 Limited Personal License

Users are granted a limited, revocable, non-transferable license for personal, non-commercial learning. You may not:

Republish or redistribute content outside Nihoner.
Scrape, harvest, or mine APIs/databases.
Train or fine-tune AI models using Nihoner content.
Embed, frame, or mirror Nihoner externally.
Circumvent access controls or remove copyright notices.
Use Content commercially without explicit written license.

6.4 User-Generated Content (UGC)

You retain ownership of UGC you create.
By posting, you grant Nihoner a worldwide, royalty-free license to use, reproduce, host, and display it until deletion, except for backups retained for technical, security, or legal compliance.
To the extent permitted by law, you waive any “moral rights” (e.g., right of attribution or integrity).

6.5 UGC Indemnification

You warrant that you have rights to all content you upload. You agree to indemnify and defend Nihoner against claims arising from your UGC, including IP infringement, defamation, or unlawful activity.

6.6 Reporting & Takedown

We comply with the DMCA, EU DSM Directive, and global takedown laws. Valid notices will be processed promptly. Repeat infringers may be banned.

6.7 No Implied Rights

Only expressly granted rights apply. No license is implied by conduct, usage, or AI-generated output.

7. Third-Party Content & Services

The Site may integrate APIs, datasets, or services from third parties (e.g., YouTube, PayPal, Cloudflare, OpenAI).
Nihoner makes no warranties for their accuracy, legality, or availability.
You must comply with their separate terms and privacy policies.
Nihoner is not liable for errors, downtime, or service withdrawal by third parties.

8. User Conduct

You agree not to:

Harass, threaten, or defame others.
Upload illegal, infringing, obscene, or harmful content.
Cheat, plagiarize, or misuse exercises/tests.
Use bots, scrapers, or spam tools.
Interfere with or overload the Service.

Violations may result in suspension or termination without refund.

9. Termination & Data Handling

You may terminate your account at any time.
We may suspend or terminate accounts for misuse, non-payment, or violations.
No refunds are given after suspension or termination.
Nihoner may retain limited account data for audits, security, or legal defense as required.

10. Educational & AI Disclaimer

Nihoner is a private digital platform, not an accredited institution. We do not issue degrees, diplomas, or formal qualifications.
Certificates, badges, and points are motivational only and have no official academic or professional standing.
Some content is AI-generated or automated and may contain errors, bias, or omissions.
Nihoner does not create a student-teacher, client-advisor, or fiduciary relationship with any user.

11. Testimonials & Results Disclaimer

Testimonials, case studies, or user reviews reflect individual experiences only.
They do not guarantee typical results, specific outcomes, fluency, or exam success.

12. Disclaimers

The Services are provided “as is” and “as available”. Nihoner disclaims all warranties—express, implied, statutory—including merchantability, fitness, accuracy, availability, and non-infringement.

13. Limitation of Liability

To the fullest extent permitted by law, Nihoner shall not be liable for indirect, incidental, or consequential damages.
Total liability is capped at the greater of:
- Fees you paid in the last 12 months, or
- EUR 100 (one hundred euros).
Exceptions: This does not limit liability for death, personal injury, fraud, or gross negligence where prohibited by law.

14. Indemnification

You agree to indemnify and hold harmless Nihoner, its owners, staff, and affiliates from claims, damages, or expenses (including legal fees) arising from:

Your breach of these Terms,
Your misuse of the Services,
Your violation of law or third-party rights.

15. Force Majeure

We are not liable for failures caused by Force Majeure, including but not limited to:

Natural disasters, war, terrorism, pandemics, government actions, strikes, or power outages.
Failures of third-party providers (payment processors, hosting/CDNs, APIs, internet backbone).

16. Governing Law & Dispute Resolution

These Terms are governed by Polish law, subject to mandatory consumer protections in your country.
All disputes shall be resolved exclusively in the courts of Warsaw, Poland.
Users waive any right to jury trials, class actions, or representative proceedings, except where prohibited by law.

17. Miscellaneous

Entire Agreement: These Terms + referenced policies form the full agreement.
Severability: If any clause is invalid, the rest remain enforceable.
No Waiver: Our failure to enforce rights is not a waiver.
Assignment: Users may not assign rights without consent. Nihoner may assign rights in mergers, sales, or acquisitions.
Survival: Sections on IP, disclaimers, liability, indemnity, and jurisdiction survive termination.
Headings: Headings are for convenience only.

18. Contact

Questions? Contact us:

📧 Email: [email protected]
📍 Address: ul. Aleje Jerozolimskie 65/79, 00-697 Warszawa, Mazowieckie, Poland