This English text is a reference translation of the Japanese original. In the event of any discrepancy, the Japanese version prevails (see Article 27).
These Terms of Service (the "Terms") set out the conditions of use of the iOS English-learning application "Braino" (the "App") provided by Knightage ("we," "us," or "our") and of all services provided by us in connection therewith (collectively, the "Service"). Any user who purchases, downloads, installs, or uses the Service (the "User") is deemed to have agreed to all provisions of these Terms. If you do not agree to these Terms, please do not purchase, download, install, or use the Service.
The User may use the Service only after reviewing and agreeing to these Terms and the Privacy Policy on the consent screen displayed when the App is first launched. The Privacy Policy forms an integral part of these Terms.
The terms used in these Terms are defined as follows:
The Service provides functions that allow Users to record the English words and phrases they look up and to review them for study purposes. The main functions of the Service are as follows:
Search and data storage are completed within the User's device. We may add, change, or remove all or part of the functions of the Service without prior notice.
The App is a paid (one-time purchase) application. The price of the App is as displayed on the App's page in the App Store, and we may change the price through campaigns, price revisions, and the like. A change in price does not create any additional payment obligation for Users who purchased the App before the change. Furthermore, even if the price of the App is reduced or the App is temporarily distributed free of charge after purchase, we will not provide any refund or compensation, including of the difference, to Users who have already purchased the App.
Purchase of the App is made through the payment mechanism of the App Store provided by Apple, and the handling of payment, cancellation, and refunds is subject to the Apple Media Services Terms and Conditions and other conditions established by Apple. We are not in a position to process refunds directly and do not independently guarantee refunds (except where a refund is required by the laws of the User's region of residence).
As of the effective date of these Terms, the App does not include subscriptions (recurring billing) or in-app purchases. However, we may in the future add subscriptions, in-app purchases, or other paid functions or content to the App. In such a case, we will display the details and price at the time of the purchase procedure in the App Store or within the App, and the User will purchase them at their own discretion after confirming such details. We will not require any additional charge for the continued use of one-time-purchase functions that the User has already purchased.
The Service is intended for persons aged 13 or older (in the EU, EEA, the UK, and other countries or regions where a digital-consent age applies under data-protection law, the applicable age—generally 16, or 13 to 16 depending on national law; and where the laws of the User's country or region of residence set a higher age, that age or older). Persons who do not meet this requirement may not use the Service.
If the User is a minor or another person with limited legal capacity, the User shall use the Service only after obtaining the consent of a person with parental authority or another legal representative, and under their understanding and supervision. If a minor purchases or uses the Service, we deem that the purchase and use are made with the consent of a legal representative.
The Service operates only on iPhones provided by Apple (running an iOS version supported by the App). The User shall, at their own expense and responsibility, prepare the equipment, communication environment, and the like necessary to use the Service; internet connection charges, communication fees, equipment costs, and the like required to download the App shall be borne by the User. We do not guarantee operation in any particular device or environment, and all or part of the Service may become unavailable following OS updates and the like. The operating environment may be changed without notice for purposes such as improving functions.
We may require the App to be updated to its latest version in order to provide the Service safely and appropriately, fix defects, ensure security, and the like. On versions of the App below a certain version designated by us, all or part of the Service may become unavailable, in which case the User must update the App to its latest version in order to continue using the Service. If the User does not perform such an update, all or part of the functions of the App may become unavailable; however, we shall not be liable for any damages arising therefrom to the User, except as provided in Article 17.
Subject to the User's compliance with these Terms, we grant the User a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to use the App for private and non-commercial purposes on an iOS device owned or controlled by the User.
The App is licensed, not sold, to the User. This license does not transfer to the User any rights in the App's source code, dictionary data, databases, functions, design, or other components, and all rights not expressly granted under these Terms are reserved to us or to the third parties holding the relevant rights.
The Service does not provide any account-registration mechanism, and Stored Data is saved only on the device used by the User. Stored Data is not transmitted to or stored on any server managed by us.
The User acknowledges in advance that Stored Data may be lost due to loss, malfunction, initialization, or replacement of the device, uninstallation of the App, and the like. The App does not provide any cloud-synchronization function (such as iCloud sync) offered by us, and has no function to automatically synchronize or store Stored Data to our servers or the cloud. We assume no obligation or liability whatsoever for the backup and restoration of Stored Data. Whether Stored Data is included in a device-wide backup, if the User uses the iOS device-backup function, and whether it can be restored, are matters determined by the specifications of iOS provided by Apple and by the User's settings; they are beyond our control, and we do not guarantee them. The User shall manage their data at their own responsibility.
The Dictionary Data incorporated into the App consists of data created and provided by the following third parties, which we use after converting it in format in accordance with the conditions of each license:
The attribution and license details for each dataset are provided on the settings screen (Dictionary Data) within the App. Copyright and other rights in this Dictionary Data belong to their respective rights holders.
By its nature, Dictionary Data may contain errors, inaccurate translations, outdated information, omissions, and the like. We make no warranty whatsoever as to the accuracy, completeness, currency, or fitness for a particular purpose of the contents of the Dictionary Data (including translations, example sentences, pronunciation symbols, and the pronunciation of the read-aloud feature). For uses that require accuracy, such as examinations, business, or translation, the User shall always verify the contents against other sources of information.
The Service is a tool that assists in recording and reviewing learning, and does not guarantee any learning outcome whatsoever, including improvement of language ability or passing of examinations. Mastery status, accuracy rates, and other information displayed by the Service are reference information based on the User's self-reporting and do not certify the User's actual proficiency.
In using the Service, the User shall not engage in any of the following acts:
All intellectual property rights, including copyrights, trademark rights, and design rights, in the App and the Service (including but not limited to the app name, logo, icons, UI design, and programs) belong to us or to the third parties holding the relevant rights. The license to use the Service under these Terms does not assign or license any of these intellectual property rights to the User. The name and logo "Braino" are our identifiers and may not be used without our permission. The attribution of rights in the Dictionary Data is as provided in Article 9.
Rights in Stored Data, such as meanings and notes entered into the App by the User, belong to the User.
If the User provides us with ideas, suggestions, improvement proposals, or other feedback regarding the Service ("Feedback"), we may freely use such Feedback (including to improve the Service, develop new functions, and the like) without payment of any consideration to the User and without limitation as to period, region, or purpose. The User agrees not to exercise any moral rights against us and not to assert any other right with respect to the Feedback.
We may suspend or interrupt the provision of all or part of the Service without prior notice to the User in any of the following cases:
We may, at our discretion, terminate the provision of the Service (including distribution and updates of the App). Where possible, we will endeavor to give prior notice of such termination by means such as a posting within the App or on this website; however, where there is an unavoidable reason or where we otherwise determine it necessary, we may terminate without prior notice. Because the App operates on-device, the App already installed on a device will in principle continue to operate after distribution ends, but we do not guarantee such continued operation. We shall not be liable for any damages arising to the User from the suspension, modification, or termination of the Service, except as provided in Article 17.
Where we reasonably determine that the User has violated, or is likely to violate, these Terms, we may restrict or terminate the license to use the Service for such User without prior notice.
If the User's agreement to these Terms is terminated for any reason, the User shall cease using the App and delete the App from their device. The provisions of Articles 9, 10, 12, 13, 16 through 18, 27, and 29 shall survive the termination of the license.
The Service is provided "AS IS" and "AS AVAILABLE." To the maximum extent permitted by law, we make no warranty, whether express or implied, that the Service is fit for the User's particular purposes (including but not limited to language learning, exam preparation, and translation or interpretation work), that it has the functions, commercial value, accuracy, completeness, usefulness, or safety expected, that no defects, errors, or bugs will occur, that defects will be corrected, that it does not infringe the rights of third parties, or that it will be continuously available.
We assume no liability whatsoever for disputes and the like arising between the User and third parties in connection with the Service.
In some countries or regions, the exclusion of implied warranties may not be permitted by law. In such cases, the disclaimers in this Article apply only to the maximum extent permitted by such law and do not limit the statutory rights (rights under mandatory law) that the User has as a consumer.
Except in cases attributable to our willful misconduct or gross negligence, we shall not be liable whatsoever for any damages incurred by the User arising from use of, or inability to use, the Service. We are likewise not liable for damages arising from third-party services (including Apple's App Store), or for damages arising from the User's actions taken in reliance on information displayed by the Service (including the contents of the Dictionary Data).
Notwithstanding the preceding paragraph, even where we are liable, our liability, regardless of the cause of action, whether breach of contract, tort, or otherwise, shall be capped at the amount actually paid by the User to us for the purchase of the App that gave rise to the relevant damage (the purchase price of the App), and we shall not be liable for lost profits, loss of data, damage to reputation, costs of procuring substitute services, indirect damages, special damages, incidental damages, consequential damages, or punitive damages, even where we foresaw or could have foreseen their occurrence.
The provisions of this Article do not apply to the extent limited by the Consumer Contract Act or other mandatory laws, nor to damages caused by our willful misconduct or gross negligence, nor to damages to life or body.
If we incur damages (including reasonable attorneys' fees) as a result of the User's breach of these Terms or the User's infringement of the rights of a third party in connection with use of the Service, the User shall compensate for such damages. If a claim is made against us by a third party arising from the User's breach of these Terms, the User shall resolve it at their own responsibility and expense and shall hold us harmless.
The User represents and warrants that they are not, and will not in the future be, an organized crime group, a member of an organized crime group, a company related to an organized crime group, a corporate racketeer, or any other anti-social force. If it becomes clear that the User is in breach of this, we may restrict or suspend use of the Service without prior notice.
Because the App is distributed through the App Store, the User acknowledges and agrees to the following. This Article supplements the conditions of the end-user license agreement (EULA) required by Apple.
In using the App, the User shall comply with the export control laws and economic sanctions laws of Japan, the United States, and other applicable countries and regions. The User represents and warrants that (i) they are not located in a country or region subject to an embargo by the U.S. government, and (ii) they are not listed on any U.S. government list of sanctioned parties (including the Specially Designated Nationals list of the Department of the Treasury and the Denied Persons List of the Department of Commerce).
We may amend these Terms where we deem it necessary. The amended Terms take effect from the time they are posted on this website or displayed within the App. Where we make a change that has a material effect on the rights and obligations of Users, we may give prior notice thereof within the App or on this website. The last-revised date of these Terms is stated at the beginning (header) of these Terms.
If the User continues to use the Service after the amendment of these Terms, the User is deemed to have agreed to the amended Terms. Where we make a substantive change to these Terms and the User's consent is required by law, we will separately obtain the User's consent by a method we designate. If you do not agree to a change, please cease using the Service.
Where we revise these Terms in a material respect, we may display the revised Terms within the App and again seek the User's consent. In such a case, if the User does not consent to the revised Terms, all or part of the Service will become unavailable. Notice of revision and re-consent will be given by means of display within the App or by another method we designate.
Notices or communications between the User and us shall be made by a method we designate (such as the contact form on this website or a posting on this website).
We may give notice of maintenance information, revisions to these Terms, and other important announcements regarding the Service by posting them within the App or on this website. Important notices to Users may be given by this method, so the User shall review the announcements posted from time to time. Such announcements are deemed to have reached the User at the time they are displayed within the App or on this website.
The User may not, without our prior written consent, assign to a third party or provide as security their status under these Terms or their rights and obligations under these Terms.
Where we transfer the business relating to the Service to a third party (whether by business transfer, corporate split, or otherwise), we may transfer to the transferee our status under these Terms, our rights and obligations under these Terms, and related information in connection with such transfer, and the User agrees in advance to such transfer.
Even if any provision of these Terms, or part thereof, is held invalid or unenforceable under laws and regulations, the remaining provisions of these Terms and the remaining part of the provision held invalid or unenforceable shall remain in full force and effect. A provision held invalid or unenforceable shall be deemed replaced by a valid provision that most closely approximates its intent, to the maximum extent permitted by applicable law.
Our failure to require performance of any provision of these Terms shall not be deemed a waiver of the rights under such provision.
These Terms and the Privacy Policy constitute the entire agreement between us and the User regarding use of the Service, and supersede all prior oral or written agreements, representations, and understandings regarding the subject matter of these Terms.
The Japanese text is the authoritative version of these Terms. Even where a translation into English or another language is prepared for reference, only the Japanese authoritative text has legal effect, and in the event of any discrepancy between a translation and the authoritative text, the authoritative text prevails.
These Terms do not limit any rights the User has under the mandatory consumer-protection laws of the country or region in which the User resides.
The formation, effect, interpretation, and performance of these Terms shall be governed by the laws of Japan, notwithstanding principles of conflict of laws. However, where the User is a consumer residing outside Japan and the mandatory laws of the User's place of residence afford the User protection, this Article does not deprive the User of such protection.
If a dispute arises between us and the User in connection with the Service, we shall first attempt to resolve it in good faith through consultation, and if it cannot be resolved by consultation, the Tokyo District Court shall be the exclusive court of first instance by agreement. However, this does not apply where the mandatory consumer-protection laws of each country referred to in the preceding Article grant the User the right to bring suit in the courts of the User's place of residence.
With respect to matters not provided for in these Terms or matters on which doubt arises as to the interpretation of these Terms, we and the User shall resolve them through good-faith consultation.
Established: July 11, 2026
Braino