Under the Terms
The term “Software” refers to all software we provide, designed for viewing and using our website on your computer, tablet, smartphone, etc., via the Internet for POCKETALK VOX program usage.
The term “Service” refers to the provision of digital contents provided as POCKETALK VOX, the Software, as well as support and other services provided to you by us. Using the Service requires a device connected to the Internet environment.
The term “Source File” refers to the video data that is being translated when utilizing the Service and refers to the electronic file that you transmit through our website.
Article 1 (Use of POCKETALK VOX)
- Subject to your agreement to and compliance with the Terms, we grant you a non-assignable, non-sub licensable, and non-exclusive right to access, use, and view the Service.
- We shall not assign any Software or copyright and other intellectual property rights relating to the Software and the Service to you. If you become aware of or suspect any infringement of copyright or other intellectual property rights relating to the Software or the Service, please contact us via the Support page.
Article 2 (Conditions of Use)
- The Service is available only for your own use of the Service provided by us. Furthermore, all the Software used in the Service 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.
- As long as you continue to pay the prescribed usage fee in accordance with the plan selected by you 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.
- Each customer must have one account. A customer who has been issued a single account may use the Service on multiple computers only when using the Service in a non-simultaneous manner. However, sharing a single account among multiple users is prohibited unless otherwise specifically approved by us. Even if we allow multiple users to use a single account, it is prohibited to divert a single account beyond the number of users approved by us.
- You guarantee that you either own the Source Files and all their components or have the necessary license of use, and that translating, publishing, distributing, selling, or otherwise using the Source Files will not violate any copyright, trademark right, patent right, or other rights of third parties.
- We prohibit the use (public transmission, making it transmittable, reproduction, reprinting, modification, or other secondary uses) of the Software or data created by using the Service beyond the scope permitted by copyright law, unless prior written permission is obtained from us.
- Copyrights and all other rights, including the rights stipulated in Articles 27 and 28 of the Copyright Act and rights of secondary use, but excluding the rights held by the copyright holder of the original work to be translated or any other third party, related to the translation results obtained by you through the use of the Service shall be transferred from us to you at the time you pay the usage fee and download the translation results. In this case, we will not exercise moral rights after the rights have been transferred to you.
- 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.
- The Service is provided for the purpose stated in Paragraph 1 of this Article, and therefore, you may not have a third party use the Service and you may not use the Service for the purpose of obtaining commercial profits. This includes any act by which you pursue economic gain through the use of the Service by a third party but does not include the case where you use the Service to conduct your own business. The same shall apply hereinafter. However, this shall not apply where we have given our prior consent.
- 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.)
- For the purpose of providing the Service, we shall transmit to our server the Source Files to be translated which were uploaded via our website. However, we shall not view, analyze, manage or back up any of the Source Files above which will be transmitted via the Software. It is your responsibility to manage and back up the Source Files.
- In any case, 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 https://pocketalk.co.jp/privacystatement/en-us/ for the Privacy Statement.
- When you log into the Service, such login constitutes your agreement to be bound by each and every term of the Privacy Statement by virtue of said login.
- 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 using the Software for the intended purpose. When using the technology of the Third Party Partners, the Software 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.)
- The purpose of the Service is to enhance the comprehension of the audio content in the video you have uploaded. This is achieved by uploading the Source File to be translated to the server designated by us through the Software, translating the Source File, displaying the translated results as video subtitles on the screen, and playing the audio of the translated results. We will store the Source Files you uploaded for a specified period of time.
- You shall, at your own responsibility and expense, prepare communication equipment (computer, tablet, smartphone, etc.) 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.
- 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 the recommended environment carefully.
Article 5 (Calculation of Translation Time)
- Translation time will be determined by summing the recording time of the data in the Source Files translated using the Service for the Source Files uploaded by your registered account.
- Once the specified time for a ticket held is exceeded, the Source File can no longer be translated unless a fee, as described in the following Article, is paid.
Article 6 (Notes on Usage Fees and Term of Use)
- Throughout the effective term of this Agreement, you have the option to access the Service by either purchasing a charge ticket or subscribing to a service plan, as determined separately by us. You will be required to pay a fee based on the purchased ticket or the category specified in the plan.
- Please refer to https://pocketalk.jp/forbusiness/videotranslation for details on charge tickets and service plans.
- If you have completed the subscription process for a paid subscription plan with automatic renewal through our website, the subscription plan will take effect from the date you complete the subscription process. The usage fee for the subscription plan will start accumulating from the date you complete the subscription process, (hereinafter referred to as the “Commencement Date”) in this Paragraph. The automatic renewal period will extend from the Commencement Date until the “Renewal Date”, as determined by us in accordance with the service plan details specified in the preceding Paragraph. Even if you cancel or change the plan during the automatic renewal period, and the subscription is shorter than the automatic renewal period, you will still be charged for the full duration of the relevant plan and fees will not be prorated.
- The subscription plan will be automatically renewed on the Renewal Date and charges for the subscription plan will be incurred, irrespective of whether you have used the Service or not unless you complete the cancellation procedures as prescribed by us. You agree to this in advance.
- If you wish to cancel your subscription plan, you may cancel at any time by following the procedures specified by us. However, even if the cancellation is made in the middle of the applicable automatic renewal period, you will still be charged for the full automatic renewal period and will retain access to the Service under your subscription plan until the end of the applicable period, without any prorated refunds.
- The name of the plan you are using and the remaining available translation time will be displayed on the Service. In cases where we have separately determined otherwise, it will be displayed in a manner prescribed by us.
- During the effective term of this Agreement, you shall pay the fees for the Service to us in the manner specified by us.
- Even if the Agreement is terminated in the middle of a month, we will not provide a pro-rata refund of the usage fee or the remaining balance of the charge as specified in the preceding Paragraph.
- We shall not refund the charges specified in Paragraph 3 of this Article that we have received from you, unless the reasons for refund are attributable to us.
- In the event of a delay in payment of the fees specified in this Article, you shall be required to pay us a late fee at the rate of 14.6% per annum, calculated on a daily basis for 365 days a year, from the day following the due date until the payment is made.
Article 7 (Temporary Disruption, Termination or Discontinuation, etc. of Service)
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.
- (i) In the event that you delay or fail to fulfill its obligation to pay the usage fee or fulfill any other obligation;
- (ii) If we reasonably determine that you have breached any of the representations and warranties set forth in Section 2.4.;
- (iii) 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;
- (iv) When conducting periodic or urgent system maintenance, inspection, repair, or modification;
- (v) In the event that the provision of the Service becomes impossible due to fire or power outage, etc.;
- (vi) 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;
- (vii) In the event that the provision of the Service becomes impossible due to war, disturbance, riot, turmoil, labor dispute, or other unexpected events; or
- (viii) 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 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;
- (ii) Reproduce, distribute, publicly transmit, forward or make derivative works of the Software;
- (iii) Compile by integrating or combining part of the Service into other programs or services;
- (iv) Modify, integrate, reverse engineer (disassemble, etc.), analyze, etc. of the Software;
- (v) Sub-license or distribute the Software to a third party (However, this does not apply if we or a third party we approved gives consent.);
- (vi) Use the Software and reproduce or use other software beyond the scope of the Purpose without authorization;
- (vii) Store the Software or data prepared by using the Software on the network in a manner that allows it to be transmitted to a third party;
- (viii) Reproduce, mirror or frame the layout or design of the Service or any page that is an individual element within it without authorization;
- (ix) Acts intended to damage the credibility of the Software, us or others or otherwise harass or slander others;
- (x) Acts that encourage any act corresponding to the above items; and
- (xi) Other acts deemed inappropriate by us.
Article 9 (Effectuation, etc.)
- The Terms shall become effective when you login to the Service.
- 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.
- 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.
- We shall not bear any liability for any damages to you caused by the suspension of usage of the Software in accordance with the provisions of the previous two paragraphs or the termination of the license of the Software in accordance with the provisions of the immediately preceding Paragraph.
Article 10 (Notifications)
- If you use the Service, you may receive notifications, text messages, emails and other electronic communications as part of said use of the Service. When you log in to the Service, you agree to receive these communications when you log in.
- You shall be responsible for any data transmission charges incurred in connection with the electronic communications you receive.
Article 11 (Exemption and Limitation of Liability)
- The Software 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 Software. You shall bear all responsibility for the choice of the Software or the effects or results of its use.
- 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.
- 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 Software.
- We shall not be liable for any damages arising from your use of or reliance on the translation generated by the Service.
- We will store the Source Files uploaded by you for a certain period of time, but shall not be obligated to back up any video data, the Source Files, translation data, or any other data or information, etc. (hereinafter referred to as the “Service Logs, etc.”) that you transmit or record to the servers of the Service. We shall not be liable for any loss, disappearance, storage, or preservation of the Service Logs, etc. under any circumstances.
- 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.
- 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 7.
Article 12 (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 13 (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 belong to you who provided the Feedback. However, you shall be deemed to have transferred or waived such rights to us when you provide the Feedback, and we shall be entitled to use the Feedback and conduct all other activities without any compensation.
Article 14 (Others)
- The Terms shall be construed in accordance with the laws of Japan.
- 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 Software, you will be deemed to have agreed thereto. The amendments are displayed on our website. Please refer to (https://pocketalk.co.jp/rule/videotranslation/en-us) for the latest Terms.
- Any disputes relating to 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, said part shall be deemed to be severable and shall not affect the effectiveness and binding force of any other Terms.
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