Article 1 (Use of the Product)
- Subject to your agreement to and compliance with the Terms, we grant you a non-exclusive right to access, use, and view the Service.
- We shall not assign any Software or copyright and other intellectual property rights relating to the Software and the Service to you. If you become aware of or suspect any infringement of copyright or other intellectual property rights relating to the Software or the Service, please contact us via the Support page.
Article 2 (Conditions of Use)
- The Service is available only for your own use for the Purpose as defined in Article 4, Paragraph 1. Furthermore, when you apply for the Service, you shall designate the number of viewers using the Service and the period of using the Service. When translating a conference, etc. with different contents in multiple sessions at the same time, multiple accounts or license keys are required.
- All the Software used in the Service are our intellectual properties or those of a third party designated by us, which are protected by the Japanese and the international laws concerning intellectual property rights.
- When you pay the usage fee in the prescribed manner, you may use all features of the Service. However, we may set a free trial period for you. In order to use the paid version of the Service after the end of the free trial period, you need to pay the usage fee.
- A customer who has been issued a single account and who has obtained a single license key may allow only the number of users authorized by us in advance view the translation results, and we prohibit the use of the account or the license key beyond the number of users approved by us. Please note that if viewers beyond the number of users approved by us use the account or the license key, viewers exceeding the number limit may not view the translation results. Furthermore, you may not use the account or the license key outside the usage period specified at the time of application for the Service.
- We prohibit the use (public transmission, making it transmittable, reproduction, reprinting, modification, or other secondary uses) of the Software beyond the scope permitted by copyright law, unless prior written permission is obtained from us.
- We may, from time to time and without prior notice to you, change, update, or modify the contents of the Service or change the supported operating environment for the use of the Service.
- The Service is provided for the purpose stated in Paragraph 1 of this Article, and therefore, you may not use the Service for the purpose of obtaining profits from a third party beyond the purpose of your own use of the Service in accordance with the Purpose set forth in Article 4, Paragraph 1 such as obtaining monetary or other benefits (including any benefit, tangible or intangible, that satisfies a person’s needs; the same shall apply hereinafter) by having a third party (excluding viewers of a conference, etc. hosted by you; the same shall apply hereinafter) use the Service. This includes any act of sharing the translation or interpretation results through your use of the Service among multiple users. However, this shall not apply where we have given our prior consent.
- The full availability of the Service depends on the availability of an Internet connection and whether the Internet speed is fast enough. The performance of the Service will be affected by how said equipment is maintained and secured and it is your responsibility to maintain the functionality of said equipment.
Article 3 (Consent to Data Use, etc.)
- For the purpose of providing the Service, we shall transmit to our server your data, including, without limitation, voice and text data for interpretation and voice and text data after interpretation via the Software. However, we shall not view, analyze, store, manage or back up any of your data above which will be transmitted via the Software. It is your responsibility to manage and back up the Source Files.
- In any case, your information such as e-mail address upon registration of POCKETALK ID, information described in the survey, time of use, etc. provided to us will be handled in accordance with the Privacy Statement. Please refer to https://pocketalk.co.jp/privacystatement/en-us/ for the Privacy Statement.
- When you download the Product program, such download constitutes your agreement to be bound by each and every term of the Privacy Statement by virtue of said login.
- We receive technical support from the provider of the voice recognition engine and translation engine, as well as development subcontractors and support services contractors, etc. (hereinafter referred to as the “Third Party Partners”), to provide the Service for the intended purpose. When using the technology of the Third Party Partners, the Service transmits the voice of you and its translation data (hereinafter referred to as the “Voice Data, etc.”) to the server of the Third Party Partners via Internet. However, the Third Party Partners may not use transmitted the Voice Data, etc. for the purpose of improving their own analytical techniques but only use within the necessary scope for achieving our objectives.
Article 4 (Use of the Service, etc.)
- The purpose of the Service is to support the comprehension of the viewers of a conference, etc. (hereinafter referred to as the “Purpose”). This is achieved by you who host a conference, etc. and deliver messages to an unspecified or large number of viewers translating the remarks of the speakers at the conference, etc. into multiple languages for the viewers attending the conference, etc.
- You shall, at your own responsibility and expense, prepare communication equipment (computer, tablet, smartphone, etc.) and Internet connection contract, etc. necessary to use the Service. Furthermore, you shall be responsible for all communication and connection charges, etc. associated with the use of the Service.
- We do not warrant the use of the Software in any environment other than the recommended environment specified by us. When using the Service, please check the recommended environment carefully.
Article 5 (Temporary Disruption, Termination or Discontinuation, etc. of Service)
While you should understand that using the Service requires connecting to a designated server, we shall endeavor to ensure stable operation of the Service. However, in any of the following cases, the Service may be temporarily disrupted, terminated or discontinued without prior notice to you.
- (i) In the event that you delay or fail to fulfill its obligation to pay the usage fee or fulfill any other obligation;
- (ii) In the event that the provision of the Service becomes impossible due to a breakdown, failure occurrence or any other causes in the server, communication line or any other facilities;
- (iii) When conducting periodic or urgent system maintenance, inspection, repair, or modification;
- (iv) In the event that the provision of the Service becomes impossible due to fire or power outage, etc.;
- (v) In the event that the provision of the Service becomes impossible due to a natural disaster such as an earthquake, volcanic eruption, flood, and tsunami;
- (vi) In the event that the provision of the Service becomes impossible due to war, disturbance, riot, turmoil, labor dispute, or other unexpected events; or
- (vii) Otherwise when it is considered necessary to temporarily suspend the Service for operational or technical reasons.
Article 6 (Prohibited Matters)
You are prohibited from performing any of the following acts:
- (i) Acts that infringe intellectual property rights such as the copyright, trademark right, patent right and design right, honor right, privacy right, portrait right and other rights under laws and regulations or contracts of us or those of a third party;
- (ii) Reproduce, distribute, publicly transmit, forward or make derivative works of the Software;
- (iii) Compile by integrating or combining part of the Service into other programs or services;
- (iv) Modify, integrate, reverse engineer (disassemble, etc.), analyze, etc. of the Software;
- (v) Sub-license or distribute the Software to a third party (However, this does not apply if we or a third party we approved gives consent.);
- (vi) Use the Software and reproduce or use other software beyond the scope of the Purpose without authorization;
- (vii) Store the Software or data prepared by using the Software on the network in a manner that allows it to be transmitted to a third party;
- (viii) Reproduce, mirror or frame the layout or design of the Service or any page that is an individual element within it without authorization;
- (ix) Acts intended to damage the credibility of the Software, us or others or otherwise harass or slander others;
- (x) Acts that encourage any act corresponding to the above items; and
- (xi) Other acts deemed inappropriate by us.
Article 7 (Effectuation, etc.)
- The Terms shall become effective when you use the Product.
- In the event that you are confirmed to be in breach of any of the provisions of the Terms or infringe our copyright or other intellectual property ownership rights, we may apply measures to suspend the use of the Service as appropriate without notifying you.
- In the event that you are in breach of any of the provisions of the Terms or if you infringe our copyright or other intellectual property rights or those of any third party, we may immediately terminate the license to you without any notification.
- We shall not bear any liability for any damages to you caused by the suspension of usage of the Software in accordance with the provisions of the previous two paragraphs or the termination of the license of the Software in accordance with the provisions of the immediately preceding Paragraph.
Article 8 (Notifications)
- If you use the Service, you may receive notifications, text messages, emails and other electronic communications as part of said use of the Service and by using the Service, you agree to receive these communications. For the avoidance of doubt, use of the Service includes creating an account or downloading the Software.
- You shall be responsible for any data transmission charges incurred in connection with the electronic communications you receive.
Article 9 (Exemption and Limitation of Liability)
- The Software is provided to you on an “as is” basis and we disclaim all warranties, express or implied, including, without limitation, any warranties of non-conformity with contract, and regarding the functionality, performance, results of use, accuracy, reliability (including that it will not malfunction) or otherwise of the Software. You shall bear all responsibility for the choice of the Software or the effects or results of its use.
- We shall not guarantee that any translation results by the Service are complete and accurate, useful to you, or otherwise consistent with the purposes for which you have used the Service.
- You shall bear all risks relating to the quality and performance of the Service. We shall not be liable for any damages incurred by you as a result of the use of the interpretation or the translation results by the Software.
- We shall not be liable for any damages arising from your use of or reliance on the translation generated by the Service.
- Even if a customer suffers damage in relation to the Service due to a cause attributable to us, we will only be liable for damages if we are intentionally or grossly negligent. Even in such a case, we, our suppliers or our licensors shall not be liable for (A) any lost profits, lost data, service interruptions, computer damages, system failure, incidental damages, special damages, punitive damages, or indirect damages, whether based on contract, tort, product liability, or any other legal theory, arising out of or in connection with the Terms or the inability to use the Service or our materials. Furthermore, (B) the amount paid by you for the Software during the previous one year shall be the maximum amount for which we shall be liable.
- We shall not be liable for any damages suffered by you or any other third party arising from any delay, interruption, termination or abolition of the provision of the Service due to any of the reasons which fall under any of the Items of Article 5.
Article 10 (Compensation for Damages, etc.)
You are liable for any damages (including attorney's fees) caused to us in violation of any provisions of the Terms.
Article 11 (Feedback)
You may provide us with comments, suggestions, and recommendations (such as corrections, improvements, and enhancements) for the Service, (hereinafter collectively referred to as the “Feedback”). In this case, all intellectual property rights such as copyrights, including the rights stipulated in Articles 27 and 28 of the Copyright Act and other rights, patent rights, utility model rights, design rights, trademark rights, and all other rights related to the Feedback shall be deemed to have been transferred to us or waived when you provide the Feedback, and we shall be entitled to use the Feedback and conduct all other activities without any compensation.
Article 12 (Others)
- The Terms shall be construed in accordance with the laws of Japan.
- The Terms and condition of the license may be amended by us due to revisions of laws and regulations or our circumstances and, if you continue to use the Software, you will be deemed to have agreed thereto. The amendments are displayed on our website. Please refer to (https://pocketalk.co.jp/rule/conference/en-us) for the latest Terms.
- Any disputes relating to the Software and the Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
If any part of the Terms is injustice or invalid or unable to be enforced for any reason, said part shall be deemed to be severable and shall not affect the effectiveness and binding force of any other Terms.
November 21, 2023