【Summary of terms of use and main important information】

Online Shop Terms of Use This Online Shop Terms of Use contains notes, rights and obligations regarding online shop transactions. It also describes the general payment methods, payment deadlines and payment terms for online shop transactions.
POCKETALK SENTIO Terms of Use The POCKETALK SENTIO Terms of Use describes your rights and obligations when using POCKETALK SENTIO.
Subscription Terms of Service (Online Shop Version) This Subscription Terms of Service (Online Shop Version) describes the billing period, cancellation and other details.
Subscription Terms of Service (Online Shop Version) Appendix This Subscription Terms of Service (Online Shop Version) Appendixdescribes the billable period, auto-renewal, cancellation and payment deadlines for each plan.
POCKETALK SENTIO
Clauses on refunds and mid-cancellation.

We are unable to provide a refund and accept mid-cancellation.

【Online Shop Terms of Use】

Article 8 Cancellation of your order

Article 16 Special Agreement on Subscription

【Subscription Terms of Service (Online Shop Version)】

Article 6 (Termination and Amendment)

Automatic renewal 【Subscription Terms of Service (Online Shop Version) Appendix】
Privacy Policy (Japan) This privacy policy is for residents of Japan.
Privacy Policy (Global) This privacy policy is for residents outside Japan and is GDPR compliant.

Online Shop Terms of Use

Article 1 Purpose

  1. The Online Shop Terms of Use are stipulated so users can use the online shopping service provided by POCKETALK CORPORATION (hereinafter referred to as "the Service") with peace of mind.
  2. Please note that those who use this service are deemed to have agreed to each provision of these terms of use when applying for the purchase of products using this service. The following terms of use shall be referred to as "Terms of Use," " POCKETALK CORPORATION " as "Company," "Online Shopping Service provided by the Company" shall be referred to as "Service," and "those who use this service" shall be "Users / User," respectively.

Article 2 Order

After we receive an order for the purchase of products provided by this service, in principle, the contract for the order will deem to be concluded when we send a notice of acceptance from the Company. However, in the case of a telephone order, the contract for the order will deem to be concluded when we accept the order by phone, or in the case of a postcard order when we accept the order postcard.

Article 3 Product Purchase Price and Other Fees.

Users shall pay the total amount of the following items (hereinafter referred to as "the Product Purchase Price and Other Fees.").
(1) Product price
(2) Prescribed fees arising from shipping charges and payment methods
(3) Other paid service charges
(4) Consumption tax and local consumption tax equivalent to the preceding items(consumption tax less than 1 yen is rounded down)

An example of the calculation of the Product Purchase Price and Other Fees:

(i) Product A + consumption tax and local consumption tax equivalent amount, (ii) Product B + consumption tax and local consumption tax equivalent, (iii) Service fee + consumption tax and local consumption tax equivalent, (iv) Shipping fee + consumption tax and local consumption tax equivalent amount, Total payment amount = (i) + (ii) + (iii) + (iv)

Subscribers of the subscription are subject to Section 16 (Special Agreement on Subscription).

Article 4 Payment method and timing

  1. As for the payment methods for products purchased through the Service, Users can select from credit card payments, convenience store payments (advance and deferred payment), Amazon account payments, AliPay payments, WeChat Pay payments, Google Pay payments, Apple Pay payments, cash on delivery, or subscriptions. However, due to the nature of the product, some payment methods may not be available.
  2. When paying by credit card, please check the following before using.
    (1) Users shall pay the Product Purchase Price and Other Fees by a credit card issued by the credit card company approved by the Company in accordance with the membership terms of the credit card company.
    (2) The name of the applicant submitted to the Company must be the same as the name of the credit card.
    (3) In the event of a dispute between a User and a credit card company, both parties concerned shall resolve it themselves, and the Company shall not be liable for any damages.
  3. The timing of the payment for the product price varies depending on the payment method selected by Users.
    (1) In the case of credit card payments, Amazon account payments, AliPay payments, WeChat Pay payments, Google Pay payments and Apple Pay payments:
    ・ At the time of order (Withdrawal from the User's account, etc., will be made on the debit date designated by each credit card company with which the User has a contract.)
    (2) In the case of convenience store payment (advance payment)
    ・ Within 8 days after the completion of the User's order
    (3) In the case of convenience store payment (deferred payment)
    Within 14 days from the invoice date
    (4) In the case of COD
    At the time of the delivery of the ordered product
    (5) In the case of subscription
    ・ In accordance with Article 16 (Special Agreement on Subscription).

Article 5 Consignment of Settlement Process

  1. The Company shall consign the settlement process related to the Service to a third party (hereinafter referred to as the "Settlement Consignee") will be entrusted to the company.
  2. Users acknowledge that the Settlement Consignee will conduct the settlement business related to the Service and that the Company will disclose and provide the Settlement Consignee with information necessary for such settlement.
  3. If the User chooses to pay by credit card, the credit card number, expiration date, security code, and all other credit card information will only be retained by the credit card Settlement Consignee. The credit card information entered by the user is sent directly to the credit card Settlement Consignee without going through the Company, and we do not obtain your credit card information.

Article 6 Transfer of Ownership

The ownership that arises from the trade established between Users and the Company shall be transferred at the following time according to each payment method selected by Users.
(1) In case of credit card payments, Amazon account payments, AliPay payments, WeChat Pay payments, Google Pay payments, and Apple Pay payments
When the full payment of the Product Purchase Price and Other Fees is made to the credit card company with which the User has a contract

Article 7 Delivery

  1. A User's orders will be shipped to the location specified by the User by the method specified by us. In addition, the User will be liable for damage or contamination that occurred after the arrival of the ordered product.
  2. We will try to ensure prompt delivery after your order is completed, but delivery may be delayed due to natural disasters, system problems, or other unforeseen circumstances. In this regard, the Company will not be liable for any damages incurred directly or indirectly to users or third parties.

Article 8 Cancellation of your order

  • Users may cancel their order only if all of the following conditions are met; However, in the case of a product that the Company clearly states non-cancelation in advance due to reasonable reasons such as inventory disposal, the user may not cancel the product. (1) When you only order the products that will be delivered (2) When you come forward by the method prescribed by the Company before shipping the ordered product
  • If you choose the subscription service, this section will not apply.

Article 9 Cancellation of the Contract by The Company

Suppose the Company determines that it falls under one of the following reasons. In that case, the Company may not consent to the User's order before concluding the Agreement and may cancel the contract if it's after concluding the Agreement without prior notice to the User.

  1. When it violates any of the articles of this Terms of Use
  2. When the Company does not receive the consent to use as a result of the examination by a credit card company
  3. When it is recognized that there is a false statement in the User's personal information
  4. When the ordered product will be out of stock for an unknown period of time or when it is no longer produced
  5. When we cannot deliver due to an unknown address or long-term absence of the User
  6. When it is clear that important matters such as the displayed price are incorrect compared to the market price
  7. When it is found that it is an order for profit, such as resale
  8. When there is a petition for compulsory execution of payment suspension or insolvency or provisional seizure, seizure, auction, etc.
  9. When there is a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or procedures similar to these
  10. When Users do not respond to inquiries from the Company or other requests for more than 30 days
  11. When it has been found that the User is a group of organized crime groups, organized crime group members, organizations related to organized crime groups, people who belonged to organized crime groups less than 5 years ago, semi-members of an organized crime group, sokaiya, antisocial groups that masquerade social movements / political activities or special intelligence violent group, etc., or it has a relationship deemed to be facilitating or substantially involved in these persons or groups, or other antisocial forces
  12. In addition, when we recognize the necessity of canceling Users' orders

Article 10 Exchange and Return

  1. 1. We will accept the exchange of Users' orders only if all of the following conditions are met:
    (1) When Users come forward about an exchange within 30 days after the arrival of the ordered product by the procedure prescribed by the Company
    (2) When the damage or contamination has been caused before the User received the product, or the product sent is different from the order.
    (3) When it's possible to return all products and product accessories, such as product packages (boxes), CD-ROMs, manuals, and paper pieces with serial numbers printed.
  2. 2. Returns of ordered items will only be accepted if all of the following conditions are met or if the Company is unable to prepare a replacement for the exchange request in the preceding paragraph. However, we may not be able to accept returns or exchanges due to the nature of the product.
    (1) When Users come forward about a return within 14 days of purchase by the procedure prescribed by our company
    (2) When the reason for a return is a duplicate order of the User or a difference in the form of the product.
    (3) When the ordered product is unopened or unused
  3. When Users choose the subscription payment method, this section will not apply.

Article 11 Restrictions on Orders

The Company may limit the total number of products offered through the Service, the number of purchases per user, and the length of time you can order them.

Article 12 Limitation of Guarantee

  1. The Company does not guarantee that the Service will match the specific purpose of use of the User or that the specific results will be realized.
  2. The Company does not guarantee that users will be able to use the Service well in any operating system or web browser and is not obligated to verify the operation and make improvements in order to make such a guarantee.
  3. The Company does not inspect, evaluate, or guarantee the products provided by the Service. In addition, the Company does not guarantee that the product descriptions provided by this service are complete and up-to-date.
  4. The Company will make every effort to ensure that there are no bugs, etc., in the provision of the Service, but the Service is provided as-is, and the Company does not guarantee the absence of bugs or defects in the Service.

Article 13 Immunity

  1. The Company is solely responsible for the Services to the extent limited in accordance with the terms of these Terms. The Company shall not be liable for any matters that are not guaranteed in each provision of these Terms, matters that are not held responsible, or that the user is responsible for, regardless of default liability, tort liability, or other causes of liability.
  2. The Company shall not be liable for any transactions, communications, disputes, etc., arising between the User and the third party in connection with the Service.
  3. This service uses external systems as part of the system. Therefore, when the external system is unavailable, the Service may also become unavailable. However, the Company will not be liable for any damage caused by the unavailability and is incurred by the Users.
  4. Even if the User suffers damage in connection with the Service due to reasons attributable to the Company, the Company shall be liable for damages only if the Company is willful or grossly negligent.
  5. In the case referred to in the preceding paragraph, the scope of liability liable by the Company shall not exceed the amount of consideration paid to the Company by the User for the last six months. In addition, the Company shall not be liable for any incidental, indirect, special, punitive, future, or lost profits.
  6. If any provision in this Terms of Use that exempts or limits the Company's liability is deemed invalid or not effective under the Civil Code, Consumer Contract Act, or other laws and regulations, the Company is liable to compensate the User for any direct and real damages actually incurred.

Article 14 Special Agreement on Download

  1. The download version product purchased through the Company is a product you can use by downloading the program, so there is no delivery of a CD-ROM. In principle, we do not provide CD-ROM at the time of support.
  2. Downloaded products purchased through the Company can be downloaded only within the number or period prescribed. In addition, downloading from outside Japan is prohibited.

Article 15 Special Agreement on the Purchase of Rental Products

  1. Users may purchase products that are subject to the rental agreement in accordance with the Company's designated procedures. In this case, if the provisions before Article 14 conflict with the provisions of each section of this Article, the provisions of each section of this Article shall take precedence. In addition, the products to be purchased (hereinafter referred to as "Rental Products to Be Purchased") ) shall be designated separately by the Company and are subject to change without notice.
  2. Suppose the User makes an application to purchase rental products in accordance with the preceding paragraph, and the Company accepts this. In that case, the Company will sell the product to the User according to the purchase price when the User pays the purchase price separately specified by the Company. With regard to Rental Products to Be Purchased, the Company shall be deemed to have transferred ownership and delivered ownership of the Rental Products to Be Purchased at the time the User paid the purchase price to the Company.
  3. When the User purchases rental products, the buyer may not demand the seller to repair, deliver replacement goods or compensate for the shortages, reduce the price or compensate for the damages, and shall not be able to cancel all or part of the sales agreement, even if the quality of the Rental Products to Be Purchased does not conform to the terms of the sales agreement.
  4. When a user purchases rental products, the provisions of Article 10 of these Terms shall not apply, and no exchange or return will be accepted.
  5. When you purchase rental products, unlike the purchase of new products, the period of the manufacturer's warranty made by the Company may be limited to the period prescribed by the Company. Details will be announced when you apply to purchase each Rental Products to Be Purchased.

Article 16 Special Agreement on Subscription

  1. If you choose a subscription, this Special Agreement shall prevail if the terms for this Agreement and the terms related to the service fee payments stipulated in other terms of use are different.
  2. To use the subscription service, you must register for the use of the subscription. At that time, user data and credit card information (credit card number, expiration date, security code) are required. When registering, Users agree to provide accurate and complete information, and you agree to update your information and keep it accurate and complete. Failure to provide accurate, up-to-date, and complete service registration information may stop or terminate your use of the Services. In addition, all actions taken in connection with the use registration are the responsibilities of the Users. The Company shall not be liable for any loss or damage caused by the User's failure to maintain the confidentiality of their use registration information, such as loss or leakage of the user's ID or password. If you are aware of or suspect a security breach with your subscription use registration information, please contact the Company from the Company's support page.
  3. By registering for use as set forth in the preceding paragraph, Users shall be deemed to have agreed to use the subscription. The subscription is only permitted for use by the person who registered to use it. Even if you are a relative of the registered person, you cannot share and use the subscription. In addition, the user may not assign, lend, set as collateral, or otherwise dispose of the rights and obligations acquired under these Terms of Use to a third party.
  4. The duration, usage fee, and payment period of the subscription will be determined by the method prescribed by the Company for each service. The subscription period, usage fee, and payment period will also be displayed on the subscription use registration screen. In addition, if the user registers to use the subscription unless the cancellation procedure is carried out in accordance with Paragraph 7 of this Article, the payment for the next subscription period will automatically be incurred.
  5. It may take some time to review your credit card information. In that case, a subscription starts, and the use of the Service begins from the day the credit card authorization is completed.
  6. The Company may suspend, limit or terminate the subscription in the following cases.
    (1) When the user delays or does not perform the payment obligation or other obligations under these Terms of Use
    (i) If payment cannot be confirmed even after the payment date of the Usage Fee has exceeded, the use of the Service may be suspended, restricted, or terminated from the next subscription period.
    (ii) In the event of any delay in the performance of other obligations under these Terms of Use, the Company shall comply with the preceding paragraph.
    (2) When the Service cannot be provided due to a failure, malfunction, or other reason of the server, communication line, or other equipment
    (3) When performing regular or urgent maintenance, inspection, repair, or change of the system
    (4) When the Service cannot be provided due to fire, power outage, etc.
    (5) When the Service cannot be provided due to natural disasters such as earthquakes, eruptions, floods, tsunamis, etc.
    (6) When the provision of services is impossible due to war, disturbance, riot, civil commotion, labor dispute, or other unforeseen circumstances
    (7) When it is judged that temporary suspension of the Service is necessary for operational or technical reasons
  7. Users may cancel their subscription by completing the cancellation procedure by the method prescribed by our company. In this case, the subscription usage fee already paid shall not be returned.
  8. If the User falls under an item of Article 9, the Company may cancel all or part of the subscription without prior notice or a formal demand.
  9. If any reason set forth in the preceding paragraph applies, the User shall lose the benefit of time for all debts owed to the Company and must pay the Company all debts immediately.

Article 17 Handling of Personal Information

We will handle your personal information appropriately in accordance with the "Privacy Policy."

Article 18 Other Terms of Use

Matters not stipulated in these Terms shall be in accordance with the terms of use stipulated by the Company.

Article 19 Changes to These Terms

  1. As well as to meet the general interests of the customer, the Company may change the contents, conditions, and other contents of this Agreement within the scope of the purpose of the Service, if it is recognized that there are various changes in circumstances such as social conditions, economic conditions, changes in taxation, changes in laws and regulations, changes in actual conditions related to the Service, and other reasonable reasons.
  2. When the Company makes changes to these Terms of Use in accordance with the provisions of the preceding paragraph, the Company shall display the contents of the revised Terms of Use on the Company's website or notify the User by the method prescribed by the Company. The revised Terms of Use shall apply from the date after a reasonable period of time.
  3. If the User does not wish to continue using the Service after the Term of Use has been changed pursuant to the provisions of Paragraph 1, the User may request cancellation of the Service by the method prescribed by the Company until the date on which the revised Terms of Use prescribed in the preceding paragraph apply.

Article 20 Agreement Jurisdictional Court

In the event of a dispute with the User and the Company regarding these Terms of Use, both parties shall resolve the matter in good faith. If it is difficult to resolve and a lawsuit is necessary, the Tokyo District Court shall be the exclusive court of jurisdiction for the first instance.

Article 21 Governing Law

The laws of Japan shall govern the interpretation and application of these Terms of Use.

Enactment of supplementary provisions: February 1, 2022
Revised: January 15, 2024

POCKETALK SENTIO Terms of Use

These Terms of Use (hereinafter referred to as the “Terms”) constitute an agreement between you and POCKETALK CORPORATION (“we” / “us” / “our”). Please be sure to read the Terms before using the POCKETALK SENTIO (hereinafter referred to as the “Service” defined below). When you use the Service, such use (including the creation of an account or downloading of the Software as defined below; hereinafter collectively referred to as the “Use”) constitutes your agreement to be bound by each provision of the Terms.

If you do not agree to each provision of the Terms, you may not Use the Service.

Under the Terms,

the term “Software” refers to the software we provide, designed for using simultaneous interpretation service we provide.

The term “Service” refers to the Software, digital contents provided as POCKETALK SENTIO service which is designated separately by us, as well as support and other services provided to you by us.

Please be sure to check the use and environmental conditions for the Service, as a computer or web camera may be required to Use the Service.

Article 1 (Use of the Service)

  1. In order to use the features of the Service, you need to create your own account using your POCKETALK ID or obtain a license key to Use the Service, and then access the POCKETALK VENTIO webpage or download the Software program to your own computer. You are responsible for all actions taken in connection with access to the POCKETALK SENTIO webpage or the installation of the Software program.
  2. We shall by no means bear any responsibility for any reason in the event that your computer or network environment, etc. is interfered with or damaged as a result of the access to the POCKETALK SENTIO webpage or the installation of the Software program. Furthermore, we shall not be responsible for any damages, etc. caused by these events.
  3. Subject to your agreement to and compliance with the Terms, we grant you a non-exclusive right to access, use, or view the Service.
  4. Subject to your agreement to and compliance with the Terms, we grant you a non-exclusive right to download and use the Software to Use the Service.
  5. We shall not assign any copyright and other intellectual property rights relating to the Service to you. If you become aware of or suspect any infringement of copyright or other intellectual property rights relating to the Service, please contact us via the Support page.

Article 2 (Conditions of Use)

  1. The Service is available only for your own Use. Furthermore, all the Software Used in the Service and the contents provided 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.
  2. As long as you continue to 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.
  3. Each customer must have one account or a license key. A customer who has been issued a single account or who has obtained a single license key may Use the Service on multiple computers, etc. only when using the Service in a non-simultaneous manner. However, sharing a single account or a single license key among multiple users is prohibited unless otherwise specifically approved by us. Even if we allow multiple users to use a single account or a single license key, it is prohibited to divert a single account or a single license key beyond the number of users approved by us.
  4. We prohibit the Use (public transmission, making it transmittable, reproduction, reprinting, modification, or other secondary uses) of the Service beyond the scope permitted by copyright law, unless prior written permission is obtained from us.
  5. 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.
  6. 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 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 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.
  7. 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.)

  1. 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. However, we shall not view, analyze, store, manage or back up any of your data. It is your responsibility to store, manage and back up your data.
  2. 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 "Privacy Policy.When you Use the Service, such act of Use constitutes your agreement to be bound by each and every term of the Privacy Statement by virtue of said login.
  3. 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.)

  1. The purpose of the Service is to enhance smooth and effective communication in your conference, etc. and the comprehension of the audio content in the video you have uploaded. This is achieved by translating the statements made in person or through our prescribed remote conference system, etc. or uploaded audio content, displaying the translated results on the screen, and playing the audio of the translated results.
  2. You shall, at your own responsibility and expense, prepare communication equipment (computer, web camera, microphone, etc.), software (including web conferencing service prescribed by us) 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.
  3. 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 each recommended environment carefully.

Article 5 (Temporary Disruption, Termination or Discontinuation, etc. of Service)

  1. 1. 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.
    1. In the event that you delay or fail to fulfill its obligation to pay the usage fee or fulfill any other obligation;
    2. 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;
    3. When conducting periodic or urgent system maintenance, inspection, repair, or modification;
    4. In the event that the provision of the Service becomes impossible due to fire or power outage, etc.;
    5. 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;
    6. In the event that the provision of the Service becomes impossible due to war, disturbance, riot, turmoil, labor dispute, or other unexpected events; or
    7. 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:

  1. 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;
  2. Reproduce, distribute, publicly transmit, forward or make derivative works of the Service;
  3. Compile by integrating or combining part of the Service into other programs or services;
  4. Modify, integrate, reverse engineer (disassemble, etc.), analyze, etc. of the Service;
  5. Sub-license or distribute the Service to a third party (However, this does not apply if we or a third party we approved gives consent.);
  6. Use the Software and reproduce or use other software beyond the scope of personal Use without authorization;
  7. Store the Service or data prepared by using the Service on the network in a manner that allows it to be transmitted to a third party;
  8. Reproduce, mirror or frame the layout or design of the Service or any page that is an individual element within it without authorization;
  9. Acts intended to damage the credibility of the Service, us or others or otherwise harass or slander others;
  10. Acts that encourage any act corresponding to the above items; and
  11. Other acts deemed inappropriate by us.

Article 7 (Effectuation, etc.)

  1. The Terms shall become effective when you Use the Service.
  2. 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.
  3. 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.
  4. We shall not bear any liability for any damages to you caused by the suspension of Usage of the Service in accordance with the provisions of the previous two paragraphs or the termination of the license of the Service in accordance with the provisions of the immediately preceding Paragraph.

Article 8 (Notifications)

  1. 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.
  2. 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)

  1. The Service 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 Service. You shall bear all responsibility for the choice of the Service or the effects or results of its Use.
  2. 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.
  3. 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 Service.
  4. We shall not be liable for any damages arising from your use of or reliance on the translation generated by the Service.
  5. 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.
  6. 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)

  1. The Terms shall be construed in accordance with the laws of Japan.
  2. 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 Service, you will be deemed to have agreed thereto. The amendments are displayed on our website. Please refer to (https://pocketalk.co.jp/rule/online-shop/en-us) for the latest Terms.
  3. Any disputes relating to the Service 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.

Date of issue: March 14, 2023
Date of revision: November 7, 2023

POCKETALK CORPORATION

Subscription Terms of Service (Online Shop Version)

Article 1 (Purpose)

Subscription Terms of Service (the "Terms") is designed to set forth the relationship of the rights and obligations between you and POCKETALK CORPORATION (hereinafter referred to as "PT") with respect to the use of Pocketalk SENTIO (hereinafter referred to as the "Service") provided by PT in the form of a subscription.

Article 2 (Application)

  1. The Terms apply to all customers who use the Service.
  2. In the event of any inconsistency or conflict between the contents of the Terms and the provisions of the "POCKETALK SENTIO Terms of Use" (hereinafter referred to as the "Terms of Use for the Service") provided by PT, the Terms shall prevail.
  3. Notwithstanding the provisions of the preceding paragraph, if you purchase the Service through a distributor, you shall comply with the agreement between you and the distributor regarding the price, payment terms including refunds, renewal or termination.
  4. The Service Agreement means the (i) the Terms and (ii) the agreement on the use of the Service under the Terms and the Terms of Use for the Service between PT and you.

Article 3(Registration and Consent)

  1. In order to use the Service, you shall confirm and agree to the entire text of the Terms and register for use by the method prescribed by PT.
  2. Notwithstanding the preceding paragraph, if you use the Service, you will be deemed to have agreed to application of the provisions of the Terms.
  3. When registering for use as set forth in Paragraph 1 of this Article, you shall register accurate and up-to-date information and keep such information accurate and up-to-date thereafter.

Article 4 (Fees and Payment Methods)

  1. You shall pay the usage fees for the Service by the payment deadline specified in the Appendix.
  2. If you delay the payment set forth in paragraph 1, you shall pay a late charge at the rate of 14.6% per annum.
  3. Except as provided in the Terms, PT shall not refund any usage fees already paid by you.

Article 5 (Billing period and Term)

  1. The start date of the provision of the Service and the billing period shall be as set forth in the Appendix.
  2. The term of the Service Agreement shall be from a date when you start using the Service to the end of the Billing Period.

Article 6 (Termination and Amendment)

  1. During the term of the Service Agreement, you may not terminate the Service Agreement or reduce the number thereof unless otherwise specified.
  2. Even if you terminate or reduce the number during the term of the Service Agreement, you shall not be able to request an exemption or refund of the usage fees for the Service until the expiration of the billing period.
  3. In the event of termination of the Service Agreement or reduction of the number thereof, or termination of provision of the Service for any reason attributable to you, any and all obligations you owe to PT shall be automatically accelerated to the date of termination and you shall immediately pay all debts to PT.

Article 7 (Violation of Terms by Customer)

  1. If it is found that you have violated any provision of the Terms or the Terms of Use for the Service or have infringed the copyright or other intellectual property rights of PT or a third party, PT may suspend the use of the Service or terminate the license to use the Service without notice to you. 
  2. PT shall not be liable for any damages incurred by you as a result of the suspension of use of the Service or the termination of the license to use the Service.

Article 8 (Compensation for Damages, etc.)

You will be liable to compensate PT for any damages (including attorneys' fees) incurred by PT in violation of any provision of the Terms.

Article 9 (Amendment)

  1. PT may amend the contents of the Service the conditions and other content of the Terms within the scope of the purpose of the Service if it is deemed that there are changes in various circumstances such as social conditions, economic conditions or the tax system, amendment of laws and regulations or changes in actual circumstances related to the Service, or there are other reasonable grounds, in addition to cases where it serves the general interests of the customers.
  2. In the event that PT amends these the Terms in accordance with the provisions of the preceding paragraph, PT shall notify you of the contents of the amended Terms on the website or by the method specified by PT, etc., and the amended Terms shall apply from the date on which a reasonable period of time has elapsed.
  3. If you do not wish to continue using the Service after the Terms have been amended in accordance with the provisions of Paragraph 1, you may request termination of the Terms by notifying PT in the manner prescribed by PT until the date on which the amended Terms set forth in the preceding paragraph are applied.

Article 10 (Others)

  1. The Service Agreement shall be construed in accordance with the laws of Japan.
  2. Any disputes relating to the Service Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
  3. If any part of the Service Agreement 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.

Issued on December 6, 2023

Subscription Terms of Service (Online Shop Version)

Appendix

  Monthly Plan (Individuals Only) Annual Plan (for Corporations and Sole Proprietors)
Billing period and payment deadline for usage fees

【Billing period】
1 month from the purchase of the Service
Example: If you purchase the Service on February 20, 2024, you will be billed until March 20, 2024.

【Automatic renewal】
The billing period will be automatically renewed under the same conditions unless the reduction or termination procedure is carried out according to the procedure prescribed by PT by the day before the renewal date.
Example: If February 20, 2024 is the renewal month, you will need to apply for termination by March 19, 2024.

【Timing of payment】
In the case of credit card payment, Amazon account payment, AliPay payment, Shop Pay payment, Google Pay payment, Apple Pay payment

At the time of order (Payment will be debited from the user’s account on the debit date designated by each credit card company with which the user has contracted.))

【Billing period】
1 year from the purchase of the Service
Example: If you purchase the Service on February 20, 2024, you will be billed until February 20, 2025.

【Automatic renewal】
The billing period will be automatically renewed under the same conditions unless the reduction or termination procedure is carried out according to the procedure prescribed by PT by the day before the renewal date.
Example: If February 20, 2024 is the renewal month, you will need to apply for termination by February 19, 2025.

【Timing of payment】
In the case of credit card payment, Amazon account payment, AliPay payment, Shop Pay payment, Google Pay payment, Apple Pay payment, and NP credit payment

At the time of order (Payment will be debited from the user’s account on the debit date designated by each credit card company with which the user has contracted.))