Please read the Terms before using the POCKETALK CONSOLE. You are required to create an account and agree to the Terms in order to use the POCKETALK CONSOLE. The account may be created by POCKETALK on behalf of you.
The Terms fall under the category of standard terms and conditions set forth in Article 548-2 of the Civil Code. When you use the service of the POCKETALK CONSOLE, you shall be deemed to have agreed to be bounded by each provision of the Terms. If you do not agree to each provision of the Terms, you may not create an account.
Article 1 (Definition)
The words used in the Terms shall be defined as follows.
"Device" means the device and equipment of POCKETALK products that you use, which includes accessories for such device.
"Software" means all software (excluding software which are intended to be run on the Device) provided by POCKETALK in order to use the POCKETALK CONSOLE.
"Service" means the provision of digital contents, software, as well as support and other services provided to you by the POCKETALK and means services for corporations including data management functions such as number of translation, translation languages and result of translation of Device registered on the Service.
Article 2 (Use of POCKETALK CONSOLE)
- You are required to create an account in order to use all functions of the Service. In such case, please inform us of an effective e-mail address. Please register information designated by POCKETALK after POCKETALK sends instructions on creation of an account to such e-mail address. Any act performed relating to your account shall be entirely under your responsibility. POCKETALK shall not be liable for any losses or damages arising when the confidentiality of account authentication information could not be maintained. If you recognize or suspect anything with respect to the Service or any security violation related to your account, please contact us from POCKETALK’s support page.
- Subject to your agreement to and compliance with the Terms, POCKETALK grants you a non-exclusive right to access, use and view the Service.
- Purchase of the Device does not transfer any of the copyrights or other intellectual ownership rights related to the Software or the Service to you.
- You may provide POCKETALK with comments, suggestions, and recommendation (fixes, improvements, etc.) (hereinafter collectively referred to as “Feedback”) on the Service. In this case, intellectual property rights such as the copyrights (including the rights of Article 27 and 28 of the Copyright Act), patent rights, utility model rights, design rights, trademark rights, and all other rights belong to the person who made the Feedback, but as soon as the Feedback is provided, such rights are deemed to have been transferred to POCKETALK or waived, and POCKETALK can perform all acts such as use of the Feedback without any charge.
Article 3 (Conditions of Use)
- In the Service, the Service provided by POCKETALK is available only for the purpose of management of Device of a corporation to which you belong. Furthermore, any and all hardware and software used in the Service are the intellectual properties of POCKETALK or a third party designated by POCKETALK, which are protected by the Japanese and the international laws concerning intellectual property rights.
- POCKETALK may amend, update and revise the content of the Service or amend corresponding operating environment in using the Service as appropriate and without prior notice to you.
- In order to use the Service, you are required to use the Device which is manufactured, distributed and sold by POCKETALK, an official distributor or an agent. You may not use the Service through a device (a similar product or an imitation, etc. of the Device) which is not manufactured, distributed and sold by POCKETALK, an official distributor or an agent.
- If POCKETALK determines the violation or likelihood of violation of the immediately preceding Paragraph, your access to the Service may be immediately terminated without prior notice to you.
- Access to the Internet is required in order to use the Service. Maintenance and management of necessary equipment for accessing the Internet shall be managed at your responsibility.
Article 4 (Consideration)
The Service is charged. Please pay the consideration presented by POCKETALK beforehand in accordance with the payment terms presented by POCKETALK beforehand.
If your payment of consideration is not confirmed, POCKETALK may suspend or terminate the Service without prior notice to you. You are required to pay consideration of the Service in order to use the Service.
Article 5 (Consent, etc. to Data Use)
- POCKETALK may review, analyze or use history of translation, which you sent in using the Service, when required under the laws and ordinances or for the purposes of improvement of translation and enhance product qualities.
- When you are a corporation or other entity and users are employees belonging thereto or a person belonging to an organization such as a student, POCKETALK provides analysis data such as history of translation, chosen translation languages or number of translation (“Analysis Data, etc.”) of the person who uses the Service. You shall obtain consent required under laws and ordinances from users of the Service in connection with acquisition or use of such analysis data.
- POCKETALK shall not be liable for any storage, management and backup of the translated data obtained via the software.
- If you do not use the Service for a certain period of time after commencement of the use of the Service, POCKETALK may delete the translated data without notifying you.
Article 6 (Use, etc. of Service)
- The Service is provided for the purpose of using the Device more effectively and comfortably by storing, organizing, aggregating, etc. of the translated sentences which you translated by using the Device (however, not limited thereto).
- You may not use, attempt to use other customer’s account without approval or impersonate others or other organizations when using the Service.
- As the Service is to be provided in accordance with the purpose of Paragraph 1 of this Article, you may not use the Service for the purpose of gaining a profit such as commercial profits by using the translated data which is stored, organized and aggregated by the Service.
Article 7 (Temporary Disruption, Termination or Discontinuation, etc. of Service)
- POCKETALK will use its best effort 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.
- POCKETALK shall not be liable to compensate for damages incurred by you in connection with measures taken by POCKETALK in accordance with the immediately preceding paragraph.
(i) 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;
(ii) When conducting periodical or urgent system maintenance, inspection, repair, or modification;
(iii) In the event that the provision of the Service becomes impossible due to fire or power outage, etc.;
(iv) 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;
(v) In the event that the provision of the Service becomes impossible due to war, disturbance, riot, turmoil, labour dispute, or other unexpected events; or
(vi) Otherwise when it is considered necessary to temporarily suspend the Service for operational or technical reasons.
Article 8 (Prohibited Matters)
You are prohibited from performing any of the following acts:
(i) Acts that infringe the intellectual property rights such as the copyright, trademark right, patent right and design right of POCKETALK or a third party; honor right, privacy right, portrait right and other rights under laws and regulations or contracts;
(ii) Reproduce, modify or prepare derivative works of the Software;
(iii) Compile by integrating or combining part of the Software into other programs;
(iv) Modify, integrate, reverse engineer (disassemble, etc.), analyze, etc. of the Software;
(v) Sublicense or distribute the Software to a third party;
(vi) Use the Software and reproduce or use other software beyond the scope of personal use without authorization;
(vii) Store the Software on the network in a manner that allows it to be transmitted to a third party;
(viii) Unauthorizedly duplicate, mirror or frame the Service or layout or design of an optional page which constitutes an individual element of the Service;
(ix) Acts intended to damage the credibility of the Device, the Software, POCKETALK or others or otherwise harass or slander others;
(x) Acts that encourage any act which falls under any of the above Items; and
(xi) Other acts deemed inappropriate by POCKETALK.
Article 9 (Effectuation, etc.)
- The Terms shall become effective when you provide e-mail address to POCKETALK in accordance with Article 2, Paragraph 1 of the Terms for creation of an account of the Service.
- In the event that you are confirmed to be in breach of any of the provisions of the Terms or infringe the copyright or other intellectual ownership rights of POCKETALK, POCKETALK may take 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 the copyright or other intellectual ownership rights of POCKETALK or any third party, POCKETALK may immediately terminate the license to you without notifying you.
- POCKETALK shall not be liable for any damages to you caused by the suspension of usage of the Software in accordance with the provisions of immediately preceding two paragraphs or the termination of the license of the Software in accordance with the provisions of the immediately preceding Paragraph.
Article 10 (Account Deletion)
- You can delete your account at any time. Moreover, you can set the length of time after which, if you do not access the account for such length of time, the account will be automatically deleted.
- All your rights to use the Service will expire at the moment of account deletion, regardless of reason. Please note that if you inadvertently delete your account, you will not be able to recover the account.
- POCKETALK can back up the information of an account, even after account deletion, to the extent necessary for the operation of the Service.
Article 11 (Notice)
- When you use the Service, you may receive a notice, a text message, an e-mail or other electronic communication from POCKETALK. When you create an account of the Service, you agree to receive those correspondences.
- Data communication charges which arise in connection with an electronic communication received by you shall be at your cost.
Article 12 (Exemption and Limitation of Liability)
- The Software shall be provided to you on an as-is basis, and POCKETALK shall not guarantee, whether explicit or implicit, warranty against defects, function, performance of the Software, result of usage, its accuracy, reliability (including that the Software does not cause malfunction) or any other guarantee. Liability with respect to selection of the Software, effects of usage or result of usage thereof shall all be assumed by you.
- POCKETALK shall not guarantee that any translation results by the Device are complete and accurate, useful to you, or otherwise consistent with the purposes for which you have used the Service.
- POCKETALK shall use its best efforts to ensure there are no bugs, etc. in connection with provision of the Service, but the Service shall be provided on as is basis, and POCKETALK does not warrant there are no bugs or failures in the Service. All risks concerning quality and performance of the Software shall be borne by you. POCKETALK shall not be liable for any damages incurred by you as a result of the use of the translation results by the Software.
- POCKETALK does not guarantee that you can use the Service properly on any operating system or web browser, and is not obligated to perform operation verification and improvement measures, etc., to make such a guarantee.
- POCKETALK 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.
- POCKETALK shall not be liable for any damages or any trouble with a third party arisen due to not obtaining consent in accordance with Article 5 or not taking measures to be taken by you depending on purpose of use of the Services.
Article 13 (Compensation for Damages, etc.)
- POCKETALK shall be liable for the Service only to the extent restricted in accordance with each provision of the Terms. POCKETALK shall not be liable for matters that are not guaranteed in each provision of the Terms, matters that we are not liable for, and matters that you are liable for, regardless of default liability, tort liability, or other cause of liability.
- POCKETALK shall not be liable for any transactions, communications, disputes, etc. that may occur between you and a third party in connection with the Service.
- The Service uses an external system as part of the system. Therefore, if you cannot use the external system, you may not be able to use the Service, but POCKETALK will not be liable for any damages caused to you.
- POCKETALK shall be liable for damages only if POCKETALK is willfully or grossly negligent, even if the damages are caused to the customer by reasons attributable to POCKETALK.
- In the case of the immediately preceding paragraph, POCKETALK shall not be liable for damages beyond the amount equivalent to the cost of the Device. Even if the above remedy fails to achieve its essential purpose, this provision shall apply with respect to the maximum amount of compensation. In addition, POCKETALK shall not be liable for compensation for incidental damages, indirect damages, damages due to special circumstances, future damages, and damages on loss of profits.
- If the provisions exempting or limiting the liability of POCKETALK in these Terms are deemed invalid or not to have agreed under Civil Code, Consumer Contract Act, or other laws and regulations, POCKETALK shall be liable for any direct and actual damages that have occurred.
Article 14 (Changes to the Terms)
- POCKETALK may change the content and terms of the Service and other content of the Terms, in accordance with the provisions of Article 548-4 of the Civil Code, within the scope of the purpose of the Service, not only in the cases that meet the general interests of our customers, but also in the cases where changes in social conditions, economic conditions, changes in tax systems, changes in laws and regulations, changes in the circumstances concerning the Service, and other substantial reasons are recognized.
- If POCKETALK makes any changes to the Terms in the case of the immediately preceding paragraph, POCKETALK shall display the contents of the updated Terms on the POCKETALK website or notify you by the method specified by POCKETALK, and the changes to the Terms shall be applied after a reasonable period has passed. Please refer to（ https://pocketalk.co.jp/rule/console/en-us ）for the latest Terms.
- If you do not wish to continue using the Service after the Terms have been changed in accordance with the provisions of Paragraph 1 of this Article, you can apply to cancel the Service by the method specified by POCKETALK, before the date when the revised Terms apply as provided in the immediately preceding Paragraph.
Article 15 (Others)
- The Terms shall be construed in accordance with the laws of Japan.
- Any disputes relating to the Device, 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, such Terms shall be deemed to be severable and shall not affect the effectiveness and binding force of any other Terms.
March 17th, 2023