Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of First Pass English (firstpassenglish.com), operated by First Pass LLC ("we," "us," or "our"). By creating an account or using our service, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use our service. We may update these Terms from time to time, and your continued use of the service constitutes acceptance of any changes.

IMPORTANT: These Terms contain an arbitration agreement and class action waiver in Section 15. Please read them carefully as they affect your legal rights.

2. Description of Service

First Pass English is an online English exam practice platform. We provide:

• Practice exams for EIKEN, TOEFL, and TOEIC
• Immediate feedback with bilingual explanations (English and Japanese)
• Click-to-define dictionary functionality
• Progress tracking and learning analytics
• Vocabulary study tools

3. Eligibility

You must be at least 13 years old to use First Pass English. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may only use the service with the consent of a parent or legal guardian.

For users in the European Economic Area (EEA), you must be at least 16 years old, or have parental consent as permitted by your country's laws.

By using our service, you represent that you meet these eligibility requirements.

4. Account Registration

To access most features of our service, you must create an account. When creating an account, you agree to:

• Provide accurate and complete information
• Maintain the security of your password
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

You may not share your account with others or create multiple accounts. We reserve the right to suspend or terminate accounts that violate these Terms.

5. Free and Premium Plans

5.1 Free (Basic) Plan

Our free plan includes limited daily access to practice questions and dictionary lookups. Free plan features and limits may change at our discretion.

5.2 Premium Subscription

Premium subscriptions provide unlimited access to all practice exams and features. Premium plans are billed monthly in Japanese Yen (JPY). Pricing is displayed at checkout and may vary based on promotional offers.

5.3 Free Trial

New users may be eligible for a 10-day free trial of Premium features. At the end of the trial period, you will be automatically charged the subscription fee unless you cancel before the trial ends. You may cancel your trial at any time through your account settings or by contacting support.

6. Billing and Payment

6.1 Payment Processing

All payments are processed securely through Stripe. By providing payment information, you authorize us to charge your payment method for the subscription fees. We do not store your credit card details.

6.2 Subscription Renewal

Subscriptions automatically renew each billing period unless cancelled. You will be charged the then-current subscription rate at renewal. We will notify you of any price changes before they take effect.

6.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. When you cancel:

• Your subscription remains active until the end of the current billing period
• You will not be charged for future billing periods
• After your subscription ends, your account reverts to the free plan
• Your progress and data are retained

7. Refund Policy

We want you to be satisfied with First Pass English. If you are not happy with your subscription for any reason, you may request a refund by contacting us at support@firstpassenglish.com.

We offer refunds at any point during your subscription. Whether it's your first month or your tenth, if you're not satisfied, contact us and we'll work with you. We aim to respond to all refund requests within 5 business days. Approved refunds are processed back to the original payment method.

8. Acceptable Use

You agree to use First Pass English only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Share, redistribute, or resell our exam content
• Use automated tools to scrape, download, or copy our content
• Attempt to bypass subscription restrictions or manipulate quotas
• Interfere with or disrupt our service or servers
• Attempt to gain unauthorized access to our systems
• Use the service to transmit malware or harmful code
• Impersonate others or provide false information
• Engage in any activity that could damage our reputation or business

9. Intellectual Property

9.1 Our Content

All content on First Pass English, including but not limited to exam questions, explanations, translations, software, graphics, and design, is owned by First Pass LLC or our licensors and is protected by copyright and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use our content for personal, non-commercial educational purposes only.

9.2 Your Content

Any content you create while using our service (such as vocabulary lists or study notes) remains yours. By using our service, you grant us a license to store and display this content to you as part of providing the service.

10. Account Suspension and Termination

10.1 Termination by You

You may delete your account at any time through your account settings. Upon deletion, your personal data will be removed in accordance with our Privacy Policy.

10.2 Termination by Us

We reserve the right to suspend or terminate your account, without prior notice, if we reasonably believe you have violated these Terms. This includes, but is not limited to:

• Engaging in abusive behavior or harassment
• Attempting to attack, exploit, or compromise our systems (including DDoS attacks)
• Using the service for fraudulent purposes
• Initiating fraudulent payment disputes or reversing legitimate charges
• Repeatedly violating our Acceptable Use policy
• Non-payment of subscription fees

If your account is terminated for a violation of these Terms, you will not be entitled to a refund and may be permanently banned from creating new accounts.

11. Disclaimers

SERVICE PROVIDED "AS IS": First Pass English is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the service, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

NO GUARANTEE OF RESULTS: We do not guarantee that using our service will result in improved test scores or passing any official examination. Our practice materials are for educational purposes only.

SERVICE AVAILABILITY: We strive to maintain high availability, but we do not guarantee uninterrupted access. The service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

12. Limitation of Liability

To the maximum extent permitted by law, First Pass LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses, arising from:

• Your use or inability to use the service
• Any unauthorized access to or use of our servers
• Any interruption or cessation of the service
• Any errors or inaccuracies in our content

Our total liability for any claims arising from these Terms or your use of the service shall not exceed the amount you paid us in the 12 months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless First Pass LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the service or violation of these Terms.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles.

Before filing any formal legal action, you agree to first attempt to resolve the dispute informally by contacting us at support@firstpassenglish.com. We will work in good faith to resolve any issues.

14.1 For Users in Japan

Nothing in these Terms affects any mandatory consumer protection rights you may have under Japanese law, including the Act on Specified Commercial Transactions, to the extent such rights cannot be waived by agreement.

15. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

15.1 Agreement to Arbitrate

You and First Pass LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

15.2 Class Action Waiver

YOU AND FIRST PASS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims.

15.3 Arbitration Rules

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or at a mutually agreed location.

15.4 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to support@firstpassenglish.com within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement.

16. Changes to These Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes, we may also send you an email notification.

Your continued use of the service after any changes constitutes acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the service.

17. Force Majeure

Neither party shall be liable for any failure or delay in performing obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, power failures, or internet outages.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and First Pass LLC regarding the Service and supersede any prior agreements or understandings.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

18.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms to any successor in interest, affiliate, or in connection with a merger, acquisition, or sale of all or substantially all of our assets.

19. Exclusion of Anti-Social Forces (Japan)

This section applies to users in Japan. You represent and warrant that neither you nor any of your officers or representatives are members of organized crime groups (暴力団), organized crime group members, related companies or associations, corporate extortionists (総会屋), groups engaging in criminal activities under the guise of social movements or political activities, or other anti-social forces (collectively, "Anti-Social Forces").

If we determine that you fall under any category of Anti-Social Forces or have any relationship with Anti-Social Forces, we may suspend your use of the Service or terminate your account without prior notice. In such cases, we shall bear no liability to you.

20. Contact Us

If you have any questions about these Terms of Service, please contact us: