POCKETALK ID Terms of Use

POCKETALK ID is a common ID provided by us to enable you to easily access various services we provide. By obtaining a POCKETALK ID and creating your own ID, you can use various services we provide.

Article 1 (Purpose)

The purpose of these POCKETALK ID Terms of Use (hereinafter referred to as these “Terms of Use”) is to specify the matters for which your consent is required in relation to the common ID service provided by POCKETALK CORPORATION (hereinafter referred to as “we”, “our” or “us”). The common ID service provided by POCKETALK is hereinafter referred to as the "Service.”
We may add, change, or delete various services or functions in relation to the Service in the future, and you shall agree to such additions, changes, or deletions in advance.

Article 2 (Application of these Terms of Use)

These Terms of Use apply between “you” as stipulated in Paragraph 1 of Article 3 (Registration of POCKETALK ID) and us in relation to the use of the Service.
Among the common ID services provided by us, the services designated by us (hereinafter referred to as the "Covered Services") may have their own terms of use, etc. (hereinafter referred to as the "Individual Terms of Use"), so please check them when using the Covered Services.
If there is any conflict between these Terms of Use and the Individual Terms of Use in relation to the Service, these Terms of Use shall take precedence over the Individual Terms of Use. However, in the event that the relevant Individual Terms of Use stipulate matters that differ from these Terms of Use within the scope of the Covered Services, the provisions of such Individual Terms of Use shall take precedence.
If you wish to use the Service, please review and agree to these Terms of Use before using the Service.

Article 3 (Registration of POCKETALK ID)

A person who wishes to use the Service must register necessary information determined by us on the Service and must obtain our approval for the use of POCKETALK ID (the procedure from the registration of such information to such approval is hereinafter referred to as the "POCKETALK ID Registration"). The person who has registered his or her POCKETALK ID (hereinafter referred to as "you” or “your”) can use the Service. Please note that separate user registrations may be required for some of the Covered Services, so please confirm when you use such services.
POCKETALK ID Registration shall be limited to the minimum extent necessary for use of the Service, and no one may unnecessarily register a large number of POCKETALK IDs. If you register multiple POCKETALK IDs and we find the necessity of the POCKETALK IDs to be questionable, we may restrict the use of the POCKETALK IDs. In no event shall we be liable for any damage you suffer due to our restricting the use of your POCKETALK IDs.
These Terms of Use constitute standard terms of contract as stipulated in Article 548-2 of the Civil Code. A person who wishes to use the Service is deemed to have agreed to each provision of these Terms of Use when he or she obtains a POCKETALK ID and applies for his or her own POCKETALK ID Registration. A manifestation of nonacceptance shall be accepted only by not making POCKETALK ID Registration.
A person who wishes to use the Service shall complete the registration procedures prescribed by us by entering and submitting accurate, up-to-date, and truthful information about himself or herself as specified by us on the POCKETALK ID Registration screen.
After completion of the application for a POCKETALK ID stipulated in Paragraph 3 of this Article, if we accept the application from the person who wishes to use the Service, we will notify him or her to that effect. After this notice, we will start providing the Service. However, if the person who wishes to use the Service falls under any of the reasons for disapproval of registration of use as stipulated in Article 5 (Disapproval and Cancellation of Registration of Use), we may not accept the application.
If the person who wishes to use the Service fails to make a definitive registration during a certain period of time after provisional registration of a POCKETALK ID, we may delete the provisional registration without prior notice to such person.

Article 4 (Obligation to manage POCKETALK ID)

You shall be fully responsible for the use and management of the POCKETALK ID that we grant to you after your registration (including the password registered by you, the same shall apply hereinafter) and shall not allow a third party to use your POCKETALK ID or lend or transfer it to a third party.
If you learn that your POCKETALK ID has been stolen or used by a third party, you must immediately notify us accordingly and follow our instructions, if any.
We may regard the use of the Service by using a POCKETALK ID as the use by the person who has registered such POCKETALK ID and shall not be liable for any damage caused by unauthorized use of login information, such as impersonation by a third party, except in the case of willful misconduct or gross negligence on our part.
If your POCKETALK ID is used by a third party other than you due to theft, misuse, or other circumstances, you shall be liable for such act as the user whose e-mail address, password, etc. for the POCKETALK ID match your registered information, except in the case of willful misconduct or gross negligence on our part. Even if we are liable, except in the case of willful misconduct or gross negligence on our part, our liability will be limited to direct and ordinary damage, and we shall not be liable for any special damage.

Article 5 (Disapproval and Cancellation of Registration of Use)

If you fall under, or a person who wishes to use the Service falls under, any of the followings, we may disapprove the application for registration or revoke your qualification that has already been accepted without notice. In such case, we will give notice to the person who wishes to use the Service or your e-mail address (as notified to us at the time of POCKETALK ID Registration) accordingly.
- (1) In the case that the person who made the application does not exist;
- (2) At the time of application, in the case that your or such person’s POCKETALK ID Registration has been revoked in accordance with this Article;
- (3) In the case that there are any false statements, errors, or omissions in the information submitted at the time of application;
- (4) In the case that any provision of the preceding Article and the following Article is violated;
- (5) In the case that you are, or such person is, a member of an organized crime group (boryokudan), a company or organization affiliated with an organized crime group (boryokudan kankei kigyo), or any other anti-social organization, or in the case that you have, or such person has, a close relationship with a member of an organized crime group or any other antisocial force; or
- (6) In any other cases in which we reasonably determine that the use of the Service is not appropriate.
If you have not used your POCKETALK ID for more than one year continuously, we may revoke your POCKETALK ID Registration.
After the revocation of your POCKETALK ID Registration, you will not be able to use the Service using the revoked POCKETALK ID, and you will lose all rights as a user.

Article 6 (Prohibited Acts)

We will prohibit you from engaging in any of the following acts:

(1) Infringement on our or any third party’s copyrights, portrait rights, or other intellectual property rights;
(2) Infringement on our or any third party’s property, privacy, etc.;
(3) Acts that slander, defame, annoy, or cause discomfort to us or a third party;
(4) Unauthorized access to our server, etc., or the transmission or posting of harmful computer programs, harmful e-mails, etc.;
(5) Acts that lead to criminal acts;
(6) Impersonating another person;
(7) Acts that unfairly disadvantage the Service;
(8) Acts that violate or may violate laws, ordinances, public order and morals, or these Terms of Use; or
(9) In addition to those listed in each of the preceding items, any act that interferes with the operation of the Service or causes damage to a third party.

Article 7 (Non-warranty)

We make no warranty to you with respect to any of the following items:
- (1) That the contents of the Service are constant and that the Service will be provided permanently;
- (2) The usefulness, suitability, completeness, accuracy, safety, legality, and recency, etc. of all information provided on the Service;
- (3) That the Service will be provided with no malfunctions, errors or failures; or
- (4) That e-mails, web contents, etc. sent in connection with the Service do not contain computer viruses or other harmful content.
We may change all or part of the contents of the Service (including specifications, rules, design, audiovisual expressions, parameters, and any other matters) at any time to the extent reasonably necessary, without prior notice to you.

Article 8 (Intellectual Property Rights, etc.)

Copyrights and all other rights related to the contents (text, images, photographs, video, audio, etc.) provided through the Service belong to us. These contents are protected by copyright laws, various treaties, and other laws of each country.
You may not use the contents (including reproduction, public transmission, distribution of reproductions, adaptation, and such acts related to adapted materials) without our prior permission beyond the scope permitted by law, such as personal use.
Trademarks used in the provision of the Service belong to us. You may not use them without our prior permission.

Article 9 (Interruption, Suspension, or Termination of the Service)

We may suspend, interrupt, or terminate the Service at our discretion for any reason by giving prior notice through posting on the Service’s website or by other reasonable means. In the event of suspension or interruption of the Service, all of your positions related to the use of the Service shall be suspended during the relevant period, depending on the extent of the suspension or interruption.
We reserve the right to change, suspend, interrupt, or terminate the Service without notice to you in any of the following events:
- (1) When performing inspections or maintenance work on computer systems or networks, etc. related to the Service;
- (2) In the event of accidents such as malfunctions, troubles, communication line faults, system failures, etc. to the equipment, computer systems, networks, etc. that we use;
- (3) In the event of force majeure such as earthquake, lightning strike, fire, windstorm or flood, power outage, natural disasters, war, upheaval, riot, civil commotion, labor dispute, etc.; or
- (4) In addition to the foregoing, when we deem it necessary to change, suspend, interrupt, or terminate the Service.

Article 10 (Change of Registered Information)

If there is any change in your registered information, you shall promptly register the change in the manner that we prescribe, and we shall not be liable for any damage incurred by you as a result of your failure to register the change.

Article 11 (Termination of Registration of Use)

If you wish to terminate your use of the Service, you may cancel the registration of your POCKETALK ID by notifying us through the procedure on the screen designated by us. The date of registration cancellation shall be the date on which such cancellation procedure is completed.
Under no circumstances will we provide a means of restoring a deleted POCKETALK ID.
If you wish to use the Service again after your registration for the Service has been cancelled under this Article, you must register a new POCKETALK ID in accordance with the provisions of Article 3 (Registration of POCKETALK ID).

Article 12 (Disclaimer)

We make no warranty regarding the completeness, accuracy, usefulness, safety, or any other aspect of the contents and other information provided by the Service.
We shall not be liable for any matter for which we are not liable under any provision of these Terms of Use or for any matter for which you are liable, regardless of default liability, tort liability or any other cause of liability.
When a minor uses the Service with the permission of a legal representative such as a person with parental authority, the legal representative shall be responsible for determining whether the contents published within the Service are appropriate for the minor.
We shall not be liable for any transaction, communication, or dispute, etc. between you and any third party in connection with the Service.
In providing the Service, we may use an external system. If the external system becomes unavailable, we may not be able to provide the Service to you, but we shall not be liable for any damage that you suffer due to such unavailability.
Except in the case of willful misconduct or gross negligence on our part, we shall not be liable for any damage to your computer, lines, software, data, etc. caused by downloading or computer virus infection, etc. from the Service.
We will not provide any support, etc. for your computer, telecommunications equipment, telecommunications software, etc. in the use of the Service, nor will we provide any support, etc. regarding the connection between you and various providers.
We shall not be liable for any damage that you suffer in connection with the use of the Service such as any interruption, suspension, or termination, etc. of the Service, and changes in its contents, and registration for the Service or revocation of registration as a user of the Service, etc.
If you incur any damage relating to the Service due to reasons attributable to us, we shall compensate for such damage up to the amount equivalent to the list price of the POCKETALK product or the amount equivalent to one year of usage fees for the Covered Services that we provide, except in cases of willful misconduct or gross negligence on our part.
If any provision in these Terms of Use that exempts or limits our liability is deemed invalid or unagreed upon under the Civil Code, the Consumer Contract Act, or any other law or regulation, we shall be liable to you for direct and actual damages actually incurred by you.

Article 13 (Changes, etc. to these Terms of Use)

In addition to conforming to your general interests, if it is found that there are changes in social conditions, economic circumstances, tax system changes, or other general circumstances, changes in laws, guidelines, or other regulations, changes in actual conditions such as your needs regarding the Service, competitive environment, or other general circumstances or other reasonable reasons, we may change the contents and conditions of the Service and terms and conditions of these Terms of Use within the scope of the purpose of the Service, in accordance with the provisions of Article 548-4 of the Civil Code.
In the event that we amend these Terms of Use in accordance with the preceding Paragraph, we shall make the amended Terms of Use known to you by displaying such amended Terms of Use on the Service or our website, or by notifying to you in a manner determined by us. The amended Terms of Use shall apply from the date that we specify at the time of publication.
Your use of the Service after we have made amendments to these Terms of Use in accordance with the preceding Paragraph shall be deemed to constitute your acceptance of the amendments to these Terms of Use.
If you do not wish to continue using the Service after the amendment of these Terms of Use, you may request cancellation of the Service in a manner determined by us until the date on which the amended Terms of Use become applicable as set forth in Paragraph 2.

Article 14 (Notice)

We will provide you notices by methods we deem appropriate such as posting on the Service or our website, or by e-mail, etc. By agreeing to the Service, you agree to receive such notices.
In the event that we give you a notice by posting on the Service or our website or by e-mail pursuant to the preceding Paragraph, we shall be deemed to have given notice at the time such notice is posted on the Service or our website or sent by e-mail, and even if such notice is delayed or undelivered, it shall be deemed to have arrived at the time when it would normally have arrived.
You shall bear any data communication fees incurred by you upon receipt of the notice under Paragraph 1.

Article 15 (Handling of Personal Information)

We will handle your personal information appropriately in accordance with the "Privacy Statement".
When you create a POCKETALK ID and use the Service, you shall be deemed to have agreed to be bound by the terms of the Privacy Statement by such use.

Article 16 (Elimination of Antisocial Forces)

You represent that you do not and will not fall under antisocial forces (i.e., an organized crime group, a member of an organized crime group, a person for whom less than five (5) years have passed since he or she ceased to be an organized crime group member, an associated member of an organized crime group, a company or organization affiliated with an organized crime group (boryokudan kankei kigyo), corporate extortionist, etc., a person pretending to be social activist, or special intelligence violent group, etc. and any other person equivalent to the foregoing), and that you do not and will not commit violent acts, fraudulent or threatening acts, or illegal acts such as business interference. If you breach any of these representations, you accept immediate suspension or termination of the Service by us without objection.

Article 17 (Prohibition of Assignment, etc. of Rights and Obligations)

You may not assign, transfer, change the name of, or offer as security your position in the Service or your rights or obligations under the Service, in whole or in part, to any third party.

Article 18 (Severability)

If any part of these Terms of Use is found to be unenforceable for any reason, such as being unjust or invalid, it shall be deemed severable and shall not affect the validity and binding effect of any other part of these Terms of Use.

Article 19. (Agreed Jurisdiction and Governing Law)

If any dispute arises between you (including a person who wishes to use the Service and is provisionally registered for the Service) and us regarding these Terms of Use, the Tokyo District Court shall have exclusive jurisdiction in the first instance.
The interpretation and application of these Terms of Use shall be governed by the laws of Japan.

Supplementary Provisions
These Terms of Use shall come into effect on April 13, 2022.
Revised on 9th November, 2023.