Pocketalk App Terms of Use

These Terms of Use are an agreement between POCKETALK CORPORATION (hereinafter referred to as the "Company") and the customer. Please read these Terms before you start using the Pocketalk App program. In order to use the Pocketalk app, you must accept this Terms of Use. This Terms of Use shall take effect when you launch the Pocketalk App and press the button to agree to the Terms of Use.

Article 1 (Use of Pocketalk App)

  1. To use the features of the Service, you must agree to this Terms of Use and also install and download the software (including all software we provide to use the Pocketalk App. The same shall apply hereafter) on your device. You are responsible for all actions taken in connection with installing the Pocketalk App program.
  2. The Company grants you a non-exclusive right to access, use, and view the Services, subject to your acceptance and compliance with these Terms of Use.
  3. The Company does not transfer copyrights or other intellectual property rights related to the Software and the Service to the customer. If you are aware or suspect of any copyright or other intellectual property rights violations of the Software and Services, please contact us from the support page.
  4. The customer will update the software required to provide this Service to the latest version from time to time. The Company may update the software without notifying the customer. In addition, the customer is responsible for the communication charges, etc., required for updating the software.

Article 2 (Terms of Use)

  1. This Service can only be used for the purpose of using it by the customer themselves. All software used in this Service is the intellectual property of the Company or a third party designated by the Company and is protected by Japanese and international laws concerning intellectual property rights.
  2. As long as you continue to pay the usage fee in the prescribed manner, you can use all the functions of this Service. However, the Company may set a free trial period for the customer.
  3. You may terminate the Service at any time. If you cancel the Service, you will not be charged any additional usage fees, and the Service will continue until the end of the period, equivalent to the usage fee you have already paid.
  4. The Customer shall not be able to request a refund from the Company for the paid usage fee, regardless of circumstances.
  5. The Company may increase the usage fee for the Service for the convenience of the Company. In that case, the Company will notify the customer in advance.
  6. The Customer using the software beyond the scope permitted by the Copyright Act (public transmission, making transmittable, reproduction, reprinting, modification, or other secondary use) is prohibited unless written permission is obtained from the Company in advance.
  7. You will be asked to prepare the devices, communication equipment, internet connection agreements, etc., necessary to use the Service at your own risk and expense. In addition, the customer will be responsible for communication charges, connection fees, etc., related to the use of this Service.
  8. The Company cannot guarantee its use outside the recommended environment designated by the Company. Please check the recommended environment thoroughly before using it when using this Service.
  9. The Company may change, update, or modify the contents of the Service or change the supported operating environment when using the Service as appropriate without prior notice to the customer.
  10. Since the Service is provided in accordance with the purpose of Paragraph 1 of this Article, the customer shall not use the Service to gain profit from a third party beyond the purpose of using the Service by themselves, such as obtaining commercial benefits from third parties by using the Service, cannot be done. Provided, however, that this shall not apply when the Company has approved in advance.

Article 3 (Consent to Data Use)

  1. Through the Software, we may use your information (your email address, translation data, including details of the Wi-Fi access point base station at the time of translation or mobile communication base station information ) and other information. Your information provided to us will be handled in accordance with our Privacy Statement under any circumstances. For Privacy Statement, please refer to the following: https://pocketalk.co.jp/privacystatement/
  2. If you download the software to your device, you agree to be bound by the terms of the Privacy Statement by launching the Pocketalk App and pressing the button that accepts the Terms.
  3. The Company does not store, manage, or back up translated data acquired through the software. It is your responsibility to store, manage and back up your translated data.

Article 4 (Temporary Suspension, Termination or Discontinuation of the Service)

Although it is necessary to connect to a third-party server when providing the Service, the Company will do its best to ensure the stable operation of the Service. In the event of any of the following, the Service may be temporarily suspended, terminated, or discontinued without prior notice to the customer.

  1. When the customer delays or does not perform the obligation to pay the fee for using the Service or other obligations
  2. When the Service cannot be provided due to the failure of the server, communication line, or other equipment, the occurrence of a failure, mishandling, access concentration, unauthorized access, hacking or other reasons
  3. When the system is regularly or urgently serviced, inspected, repaired, or changed
  4. When it is impossible to provide the Service 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 Service is impossible due to war, disturbance, riot, mayhem, labor disputes, or other unforeseen circumstances
  7. When it is judged that temporary suspension of the Service is necessary for operational or technical reasons

Article 5 (Prohibited Matters)

It is prohibited for Customers to perform the following acts.

  1. Acts that infringe intellectual property rights such as copyrights, trademark rights, and patent rights, design rights, honor rights, privacy rights, portrait rights, or other legal or contractual rights of the Company or a third party
  2. Reproduction, distribution, public transmission, transfer, and creation of derivative works of the software;
  3. Compiling a part of the software by integrating or combining it with other programs
  4. Modification, coupling, reverse engineering (disassembly, etc.) and software analysis, etc.
  5. Sublicense or distribute the software to a third party
  6. Unauthorized reproduction or unauthorized use of other software beyond the scope of personal use by using the software
  7. Accumulating the Software on the network in a condition that can be transmitted to a third party
  8. Unauthorized reproduction, mirroring, or framing of the layout or design of the Service or any page that serves as an individual element thereto;
  9. Acts that damage the credibility of the Device or the Software, the Company, or others, or acts aimed at harassing or slandering others
  10. Acts that promote any of the above acts
  11. Other acts that the Company deems inappropriate

Article 6 (Measures in Case of Violation of These Terms,)

  1. When the Company confirms that a customer violated any of the terms of this Terms of Use, or if they infringed the copyright or other intellectual property rights of the Company, we may take measures to immediately suspend the use of the Service without notice to the customer.
  2. If the customer violates any of the terms of these Terms of Use or infringes the copyrights or other intellectual property rights of the Company or a third party, the Company may immediately terminate the license to the customer without notice.
  3. The Company shall not be liable for any damages incurred by the customer due to suspension of the use of the software pursuant to the provisions of the preceding two paragraphs or the cancellation of the license to use the software in accordance with the preceding paragraph.
  4. If the customer inflicts damage (including attorneys' fees) to the Company by violating any provision of this Terms of Use, the customer shall be liable to compensate for the damages regardless of the measures set forth in paragraphs 1 or 2 of this Article.

Article 7 (Notice)

When you use the Services, you may receive notifications, text messages, emails, and other electronic communications as part of your use. You agree to receive such communications by downloading the Pocketalk App program.

Article 8 (Limitation of Immunity and Liability)

  1. The Software is provided to you as-is, and the Company makes no warranty on non-compliance liability, the functionality and the performance of the software, the results of the use of the software, its accuracy and reliability (including non-malfunctioning), whether expressed or implied
  2. We also make no warranties of any translation by the Service, including warranties of completeness, accuracy, usefulness to you, fitness for the purposes for which you receive the Service.
  3. The customer bears all risks related to the quality and performance of this Service. The Company shall not be liable for any damage caused to the customer due to the use of the translation results of the software.
  4. Even if the customer suffers damage in relation to the Service due to reasons attributable to the Company, the Company shall be liable for damages only if the Company is intentionally or grossly negligent. Even in that case, the Company, the supplier to the Company, and the Company Licensor (A) shall not be liable for any loss of profits, loss of data, interruption of the Service, damage to computers, system failure, accidental damage, special damage, punitive damage or indirect damages, whether under contract, tort, product liability or any other legal theory. (B) The amount paid by the customer for the Services for the last year shall be the maximum amount the Company will be liable for.
  5. The Company shall not be liable for any damage incurred by the customer or other third party arising from any delay, interruption, termination, or discontinuation of the provision of the Service due to any of the reasons that correspond to items of Article 4.

Article 9 (Feedback)

Customers may comment, make suggestions and recommendations (such as modifications, refinements, improvements, and so on) (hereafter collectively referred to as "Feedback") about the Service. In this case, intellectual property rights such as copyrights related to feedback (including the rights and other rights of Articles 27 and 28 of the Copyright Act), patents, utility model rights, design rights, trademark rights, and all other rights belong to the customer who provided the feedback, but it is deemed to have been transferred to the Company or waived when giving feedback. The Company shall be able to use the feedback and engage in related activities without paying any compensation.

Article 10 (Others)

  1. The laws of Japan shall govern all matters relating to these Terms of Use.
  2. The Company may change the Terms of Use of this license due to correction of laws and regulations or circumstances of the Company, and if the customer continues to use the device, the customer shall be deemed to have agreed to it. Changes will be displayed on our website. Please see the latest Terms of Use from the link below: https://pocketalk.co.jp/rule/pt-app/
  3. The Tokyo District Court shall have exclusive jurisdiction over any disputes related to the Service, software, and the Terms of Use.

If any part of these Terms of Use is fraudulent or invalid or cannot be enforced for any reason, those terms shall be deemed separatable and will not affect the validity and binding power of any other Terms of Use.

April 25, 2022