Terms of Service
Effective Date: January 1, 2025
Welcome to FirstTap Phone Basics. These Terms of Service ("Terms") govern your access to and use of our training services, website, and related platforms. By accessing or using our services, you agree to be bound by these Terms.
Acceptance of Terms
By registering for an account, enrolling in courses, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our services.
These Terms constitute a legally binding agreement between you and FirstTap Phone Basics. We reserve the right to modify these Terms at any time, and your continued use of our services after such modifications constitutes your acceptance of the updated Terms.
Account Registration
To access certain features of our services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for all activities that occur under your account.
You must be at least 18 years old to create an account and use our services. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these account security obligations.
Service Offerings
FirstTap Phone Basics provides smartphone training services including online courses, written guides, live chat support, video call sessions, and optional in-home training visits. We offer various membership tiers and individual micro-courses covering messaging, photography, privacy settings, and related topics.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We may also impose limits on certain features or restrict access to parts or all of the services without notice or liability.
Payment Terms
Certain services require payment of fees. You agree to pay all applicable fees as described at the time of purchase. All fees are non-refundable except as expressly stated in our refund policy or as required by law. We reserve the right to change our fees at any time, with reasonable notice provided for subscription-based services.
For subscription services, your payment method will be automatically charged on a recurring basis until you cancel. You are responsible for providing current, complete, and accurate billing information. If a payment is not successfully processed, we may suspend or terminate your access to paid services.
Cancellation and Refunds
You may cancel your subscription at any time through your account settings. Upon cancellation, you will continue to have access to subscription features until the end of your current billing period, after which your subscription will not renew.
For individual courses and micro-courses, we offer a 14-day money-back guarantee from the date of purchase, provided you have not completed more than 25% of the course content. For in-home training sessions, cancellations must be made at least 48 hours in advance for a full refund. Video call sessions require 24-hour advance notice for cancellation.
User Conduct Standards
You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to use our services in any way that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use of our services.
You may not attempt to gain unauthorized access to any portion of our services, other accounts, computer systems, or networks connected to our services. You agree not to harass, abuse, or harm our instructors, support staff, or other users. Any violation of these conduct standards may result in immediate termination of your account.
Intellectual Property Ownership
All content provided through our services, including but not limited to text, graphics, logos, images, video clips, audio clips, and software, is the property of FirstTap Phone Basics or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable license to access and use our course materials solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any of our content without our express written permission.
Live Session Guidelines
During live chat, video call, and in-home training sessions, you agree to treat our instructors and support staff with respect and professionalism. We reserve the right to terminate any session immediately if you engage in inappropriate, abusive, or harassing behavior.
In-home training sessions are subject to additional terms. Our instructors will arrive at the scheduled time and location. You agree to provide a safe, comfortable working environment. Sessions may be rescheduled due to weather, emergencies, or other unforeseen circumstances. We reserve the right to refuse in-home service to any location we deem unsafe.
Partner Referrals
We may refer you to partner services for photo printing, cloud backup, and other complementary services. These referrals are provided as a convenience, and we are not responsible for the products, services, or practices of these third-party partners.
Your use of partner services is governed by their own terms and conditions and privacy policies. We may receive referral fees or commissions from partners when you use their services, but this does not affect the price you pay and does not influence our recommendations.
Disclaimer of Warranties
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. We do not warrant that our services will be uninterrupted, error-free, or secure.
While we strive to provide accurate and helpful training materials, we make no representations or warranties about the accuracy, completeness, or suitability of our content. Your use of our services is at your own risk, and you are solely responsible for any damage to your device or loss of data that results from such use.
Limitation of Liability
To the maximum extent permitted by law, FirstTap Phone Basics and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
Our total liability to you for all claims arising from or related to our services shall not exceed the amount you have paid us in the twelve months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless FirstTap Phone Basics and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of our services or your violation of these Terms.
Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association. The arbitration shall take place in Tokyo, Japan, and shall be conducted in English or Japanese at your option.
You agree to waive your right to participate in a class action lawsuit or class-wide arbitration. However, if the class action waiver is deemed invalid or unenforceable, this arbitration provision shall be null and void. Nothing in these Terms shall prevent either party from seeking injunctive or other equitable relief in court.
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. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tokyo, Japan, for the resolution of any disputes not subject to arbitration.
Contact for Legal Matters
If you have questions about these Terms of Service, please contact us at:
FirstTap Phone Basics
Email: legal@tyvarcliff.com
Phone: +81 3-3410-5925
Address: 4 Chome-15-18 Komazawa, Setagaya City, Tokyo 154-0012, Japan
We will respond to your inquiry within a reasonable timeframe and work to address any concerns you may have regarding these Terms.