Section 1 (Transfer of Device Ownership and Software License)
- Subject to your agreement to and compliance with the Terms, the ownership of the Device and any printed materials included with the Device (such as manuals and the like) will be transferred from the distributor to you at the time you purchase the Device.
- POCKETALK grants you a non-exclusive right to use the Device as well as the software contained in the Device (“Software”) under these Terms.
- Purchase of the Device does not transfer any of the copyrights or other intellectual property rights related to the Software or the printed materials included with the Device (such as manuals and the like) to you.
Section 2 (Conditions of Use)
- All intellectual property over the Device itself as well as over the digital content, software, customer support material and other services that the Device provides (collectively, “Service”) is owned by POCKETALK or a third party that POCKETALK designates and protected under both Japanese and international intellectual property law.
- If you are unable or unwilling to use the SIM Service, you will be solely responsible for obtaining and configuring the required Internet connection (such as Wi-Fi, another SIM service, etc.) to receive the Service. In this case, POCKETALK will not be involved in such installation or operation of your communication environment at all nor will it provide support to you.
- The SIM Service may be extended by a following a renewal process established by POCKETALK. Unless otherwise determined by POCKETALK, the SIM Service extension requires a fee.
- POCKETALK may provide automatic or manual updates for the Software as necessary without notice to you, and these Terms will also apply to such updated Software.
- You are solely responsible for obtaining any governmental approvals or certifications required to use the Device, as well as providing any required notification to governmental agencies unless such approvals, certifications, and notifications were completed by the distributor.
Section 3 (Consent to Data Use)
- You acknowledge and agree that POCKETALK may obtain your information. Please refer to the Privacy Statement (https://pocketalk.co.jp/privacystatement/en-us) for details. POCKETALK will handle your information in accordance with the Privacy Statement in all cases.
- The Device transfers voice data generated when speaking through the Software, image taken with the camera and the translation data thereof, to servers of the providers of voice recognition engines, speech synthesis engines, image recognition engines and translation engines, as well as the outsourced contractors for development and support services, etc. ("Third Party Partner") via the Internet, in such a manner that it does not identify you. POCKETALK receives technology service from Third Party Partner for the purpose of providing the Software's voice and image identification translation function. By using the Device, you agree that your spoken voice data, image and the translated data thereof will be obtained and stored through the information collection modules embedded in the Device and forwarded to Third Party Partner in such a manner that it does not identify you.
Section 4 (Temporary Disruption, Termination or Discontinuation, etc. of Service)
Although using the Service through the Device requires connecting to a third party’s server, POCKETALK will nevertheless use reasonable efforts to ensure that the Service operates in a stable and reliable manner. However, the Service may be temporarily unavailable or terminated without prior notice to you due to one or more of the following reasons:
(i)A breakdown, failure, or any other similar causes involving a server, communication line, or other facilities;
(ii)Periodic or urgent system maintenance work, inspection, repair, or modification;
(iii)A fire, a power outage, or other similar occurrence;
(iv)A natural disaster such as an earthquake, volcanic eruption, flood, or tsunami;
(v)A war, disturbance, riot, turmoil, labor dispute, or other unexpected event; or
(vi)When POCKETALK believes it is necessary to temporarily suspend the Service for operational or technical reasons.
Section 5 (Prohibited Actions)
You are prohibited from performing any of the following acts:
(i)Acts that infringe the intellectual property rights of POCKETALK or a third party, including but not limited to copyright, trademark rights, patent rights, design rights, and other rights provided under relevant law and regulations, or by contract;
(ii)Reproducing, modifying or preparing derivative works of the Software;
(iii)Compiling by integrating or combining part of the Software into other programs;
(iv)Modifying, integrating, reverse engineering (such as by disassembling), and analyzing the Software, as well as other similar acts;
(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)Storing the Software on a network in a manner that allows it to be transmitted to a third party;
(viii)Performing acts that damage the reputation of the Device, the Software, POCKETALK or others, including acts that otherwise harass, slander, or libel others; and
(ix)Encouraging any of the acts described above.
Section 6 (Effects of Breaching These Terms)
- The Terms shall become effective when you first use the Device.
- If you breach any of the provisions of these Terms or infringe the copyright or other property ownership rights of POCKETALK or any third party, POCKETALK may, without the need to notify you in advance: (i) take measures to suspend your use of the Software as appropriate; and/or (ii) terminate your license to use the Software.
- POCKETALK will not be liable for any damages to you caused by any action it may take under Paragraph 2 above.
Section 7 (Exemption and Limitation of Liability)
- THE TRANSLATIONS THAT THE DEVICE PRODUCES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND. AS SUCH, POCKETALK DOES NOT GUARANTEE THAT ANY TRANSLATIONS THAT THE DEVICE PRODUCES ARE COMPLETE OR ACCURATE, USEFUL TO YOU, OR OTHERWISE CONSISTENT WITH THE PURPOSES THAT YOU USE THE SERVICE FOR. POCKETALK EXPLICITLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THE POCKETALK MATERIALS OR THE SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; AND POCKETALK MAKES NO WARRANTY (I) THAT THE SERVICE OR POCKETALK MATERIALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR (II) REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF THE SERVICE OR ANY POCKETALK MATERIALS.
- POCKETALK WILL NOT BE LIABLE FOR ANY DAMAGES THAT YOU MAY INCUR AS A RESULT OF USING OR RELYING ON TRANSLATIONS THAT THE DEVICE PRODUCES.
- EVEN IF YOU INCUR DAMAGES RELATING TO THE DEVICE OR THE SERVICE DUE TO REASONS ATTRIBUTABLE TO POCKETALK, POCKETALK SHALL BE LIABLE FOR COMPENSATION FOR DAMAGES ONLY IF THERE IS WILLFULL OR GROSS NEGLIGENCE ON THE PART OF POCKETALK. EVEN IN SUCH CASES, IN NO EVENT SHALL POCKETALK, ITS SUPPLIERS, OR ITS LICENSORS BE LIABLE FOR: (A) ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR POCKETALK MATERIALS, WHETHER BASED ON CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY; OR (B) MAXIMUM DAMAGES IN THE AGGREGATE GREATER THAN THE AMOUNT YOU HAVE PAID FOR THE DEVICE.
- POCKETALK WILL NOT BE LIABLE FOR ANY DAMAGES THAT YOU OR A THIRD PARTY MAY INCUR ARISING FROM ANY DELAY, INTERRUPTION, TERMINATION OF THE SERVICE DUE TO ANY OF THE REASONS SET FORTH ABOVE IN SECTION 4.
Section 8 (Compensation for Damages)
You are liable for any damages (including attorney's fees) that POCKETALK may incur due to any violation of these Terms by you.
Section 9 (Covenant on Beta Features)
- POCKETALK may provide earlier versions of features or additional services for the Device or Services prior to their official release ("Beta Features"). In this case, the provisions of this Section shall prevail over the provisions of this Agreement.
- You understand that the Beta Features are prior to the official release and agree that they may not function properly by their nature. POCKETALK may also change, suspend, or discontinue providing the Beta Features, in whole or in part, without notice to you. You shall be responsible for your access to and use of the Beta Features, and if you do not agree to each provision of this Section, you may not use the Beta Features.
- You may provide POCKETALK with feedback or other information about the Beta Features ("Feedback, etc."). POCKETALK shall have a non-exclusive, perpetual, worldwide right and license to use, edit, and otherwise exploit the Feedback, etc. However, prior consent shall be obtained from you for public disclosure of Feedback, etc. or information that you will specify.
- POCKETALK may, in its sole discretion, provide support services (including, without limitation, updates, enhancements, and changes to all or any part of the Beta Features) with respect to the Beta Features, but POCKETALK shall not be obligated to provide such services to you.
- Except as provided by law, POCKETALK shall not be liable for any damages to you resulting from the use of the Beta Features. You acknowledge that the Beta Features are implemented and provided for the completion of the official release and that POCKETALK does not provide any warranty for the Beta Features (including, without limitation, the performance or functionality of the Beta Features, fitness for a particular purpose, accuracy, completeness, reliability, usefulness and safety) and you hereby agree to above.
Section 10 (Miscellaneous)
- These Terms will be construed in accordance with the laws of Japan.
- POCKETALK is entitled to change contents, terms and other details of these Terms within the scope of the purposes of the Device and the Service, if such change conforms to the customer's general interests, if it is found that there are changes are recognized as due to reasonable grounds such as social conditions, economic conditions, changes in taxation, changes in laws and regulations, changes in the actual situation concerning the Service pursuant to provisions of Article 548-4 of the Civil Code.
- If POCKETALK amends the these Terms pursuant to the preceding paragraph, POCKETALK will indicate on the prescribed web site（https://pocketalk.co.jp/rule/pt-s/en-us）or will notify you by the method determined by POCKETALK and apply these Terms after amendment after reasonable period has passed.
- If you do not want to continue using the Device and the Services after amendment of these Terms pursuant to provisions of paragraph 1, you may propose to cancel these Terms by the method prescribed by POCKETALK, during the period until the date that these Terms after amendment will apply. However, even in such case, POCKETALK will not return the price for the Devices you have already paid.
- These Terms do not preclude you from agreeing to different terms with the distributor; however, any such terms shall not apply to POCKETALK or modify these Terms.
- The Tokyo District Court has the exclusive jurisdiction to resolve any disputes relating to the Device, the Software, or these Terms.
- If any provision of these Terms is found to be void or unenforceable: (i) that void or unenforceable provision will be modified to the minimum extent necessary to cure the defect and make the provision valid and enforceable; and (ii) the remaining provisions of these Terms will nevertheless be binding upon the parties and will in no way be affected or impaired by the void or unenforceable provision.
July 14, 2023