Terms of Service
These Terms of Service ("Terms") set out the terms and conditions for use of the website and services provided under the brand "The Shink" (the "Service"). The Shink is an independent digital service operated by Show Asano, doing business under the trade name THESHINK (the "Operator," "we," "us," or "our").
By using the Service, you ("User" or "you") agree to be bound by these Terms.
1. Application
These Terms apply to all use of the Service by Users.
2. Definitions
- "Service" means the website and any digital tools or services provided by the Operator under the brand The Shink, including the Japanese language proficiency assessment tool described on the Services page.
- "Agreement" means the agreement between the Operator and a User for use of the Service, on the terms set out in these Terms.
3. Description of the Service
The Operator provides an online digital tool for measuring Japanese language proficiency, designed for learners in Vietnam and other parts of Southeast Asia.
Service availability: August 2026.
4. Account Registration
Where the Service requires registration, applicants must provide accurate and complete information as requested by the Operator. The Operator may decline a registration where:
- the application contains false, incorrect, or incomplete information;
- the applicant has previously been suspended for violating these Terms; or
- the Operator otherwise determines the registration to be inappropriate.
5. Fees and Payment
- Prices for paid services are listed in US Dollars (USD) and displayed on the relevant purchase page or product page.
- Payments are processed through our payment processor, Stripe. Payment may be made by credit card or other payment methods supported by Stripe. By making a payment, you also agree to Stripe's applicable terms.
- Payment is due at the time of purchase, unless otherwise stated on the relevant purchase page.
6. Cancellations and Refunds
- Because of the nature of digital services, cancellations and refunds requested solely at the purchaser's discretion after the Service has been accessed or activated are not accepted, except as set out below.
- If you are unable to use a purchased service due to a system failure or other cause attributable to the Operator, the Operator will, upon confirmation, provide a full refund of the amount paid.
- If a duplicate charge or an erroneous charge is confirmed, the Operator will review the matter individually and provide an appropriate refund.
- Requests relating to cancellations or refunds should be directed to the contact details in Section 16.
7. Prohibited Conduct
Users must not:
- violate any applicable law or public order and morals;
- engage in conduct related to criminal activity;
- infringe the intellectual property, portrait rights, privacy, honor, or other rights or interests of the Operator or any third party;
- interfere with the operation of the Service;
- gain or attempt to gain unauthorized access to the Service;
- collect or store information about other users;
- use the Service for any improper purpose; or
- engage in any other conduct that the Operator determines to be inappropriate.
8. Changes, Suspension, and Termination of the Service
- The Operator may change, add to, or discontinue the Service upon notice to Users.
- The Operator may suspend or interrupt all or part of the Service without prior notice where:
- maintenance or updates to the Service's systems are required;
- provision of the Service is rendered difficult due to force majeure, including earthquake, fire, power outage, or other natural disaster; or
- the Operator otherwise determines suspension or interruption to be necessary.
9. Disclaimer of Warranties
The Operator does not warrant, whether expressly or impliedly, that the Service is free of defects, whether in fact or in law.
10. Limitation of Liability
Except in cases of the Operator's intentional misconduct or gross negligence, the Operator shall not be liable for any damages arising from the Service. Where the Operator is liable for damages, such liability is limited to direct and ordinary damages actually incurred by the User, and shall not exceed the amount paid by the User to the Operator for the Service in the month in which the damage occurred.
11. Intellectual Property
All copyrights, trademarks, and other intellectual property rights relating to the Service belong to the Operator or to third parties who have properly licensed their rights. Nothing in these Terms shall be construed as transferring or licensing such rights, except as expressly permitted.
12. Confidentiality
Users shall not disclose or leak to any third party, without the Operator's prior consent, any information that the Operator has expressly designated as confidential in connection with the use of the Service.
13. Severability
If any provision of these Terms, or part thereof, is held invalid or unenforceable under applicable law, the remaining provisions, and the remaining part of any partially invalid or unenforceable provision, shall continue in full force and effect.
14. Changes to these Terms
The Operator may amend these Terms where the Operator determines it necessary, upon notice to Users. The amended Terms take effect once posted on the Service.
15. Governing Law and Jurisdiction
- These Terms are governed by the laws of Japan.
- Any dispute arising in connection with the Service shall be subject to the exclusive jurisdiction of the Sapporo District Court as the court of first instance.
16. Contact
For questions about these Terms, please contact:
THESHINK (The Shink)
Operator: Show Asano
Email: theshink@gmail.com
Effective date: July 10, 2026