Updated: May 29 2022
1 Scope of application
2 Deﬁnition of terms
- “Prohibited acts” refers to the respective behavior prescribed in Article 9, Paragraph 1.
- “Personal information” refers to information related to a living individual and falls under any of the following items.
- Name, date of birth or other description included in the information (referred to as a record made with documents, drawings or electromagnetic records) or recorded, or using voice, action or other methods. Any item that can identify a specific individual (including those that can be easily compared with other information, thereby identifying a specific individual)User’s personal information includes user’s name, email address, organization name, location, phone number, and social media account.
- Information that includes personal identification codes
- “Personal Information Protection Act” refers to the Act on the Protection of Personal Information Act No. 57 of (2003) and includes subsequent revisions.
- “Anti-social forces” refers to gangs, gang members, gang-related companies, general practitioners, social movement marks, political movement marks, special intelligence violence groups, and other anti-social forces.
- “This Service” refers to the all amptalk service provided by the Company (including, but not limited to, optional services.)
- “This Site” refers to the Company’s website.
- “User Agreement” refers to the contract between the Company and the user for the use of the Service, which is formed when the user applies for the conclusion of the agreement by submitting the amptalk application form to the Company, and the Company accepts the application.
- “Usage Fee” refers to the consideration for the Service that the user should pay to the Company in accordance with each contract.
- “User” refers to the person (including but not limited to a corporation) who signs the contract for using this service.
- “User Authentication Information” refers to the email address, user ID and password registered by the users and their officers and employees with the Company.
3 Applicability of the Regulations
- If the User is a corporate, it shall ensure that its officers or employees comply with the terms of the User Agreement, and any breach of the User Agreement by an act or omission of such officers or employees shall be deemed a breach by the User and shall not relieve the User of liability.
4 Provision of this service
- We will provide this service to users. The speciﬁc content of each plan service in this service depends on the content of each contract.
- The user shall prepare the environment (hereinafter referred to as “use environment”) necessary for the use of this service, such as securing hardware, software, Internet connection lines, security, etc., at his / her own responsibility and expense.
5 Contract period
Contract period will be specified in each contract.
6 Management of authentication information
- In order to use this service, it is necessary to register your email address, user ID, password, name or name, address or location and other items required by the Company.
- Users must strictly manage user authentication information and not disclose or leak it to any third party. If User feels that the password has been known to a third party, User shall change the password immediately.
- When the Service is used based on the user authentication information of the user, the Company will provide the Service assuming that the user who registered the user authentication information is using the Service.
7 Change in application items
If there is a change in the application contents provided to the Company at the time of application for this service, the user shall promptly report the changes through our online method.
8 Handling of Personal Information
9 Prohibited acts
- When using this service, the user shall not perform the actions listed in the following items or perform them as a third party (Including, but not limited to, affiliated companies of the user or organizations in which the user's principal shareholder or director is a principal shareholder or an officer or employee.) without the Company’s prior written consent.
- Acts of transmitting information that infringes another person's copyright, trademark right, patent right or other intellectual property rights(except in cases where the user is deemed to have committed such acts without the user's intention as a result of the other party to the user's communication engaging in such acts)
- Acts of transmitting information belonging to the privacy, portrait rights or trade secrets of others(except in cases where the user is deemed to have committed such acts without the user's intention as a result of the other party to the user's communication engaging in such acts)
- Acts of transmitting information that violates the rights of third parties or violates public order and morals(except in cases where the user is deemed to have committed such acts without the user's intention as a result of the other party to the user's communication engaging in such acts)
- Acts that may cause disadvantage or damage to our company or third parties
- Acts involving fraud or intimidation, other acts that constitute criminal acts, and acts that use this service in relation to solicitation, assistance, or other assistance for criminal acts of others
- Acts of using this service in an unduly burdened manner on our servers and other acts that may or may interfere with the operation of this service
- Acts that damage or may damage the trust of the Company or the Service
- Acts of ﬁling, reporting or registering information that is contrary to the facts to the Company and the act of not immediately correcting the information while knowing that the information reported or notiﬁed or registered is contrary to the facts
- Acts that develop, use, distribute or provide computer viruses or other harmful programs through or in connection with the Service
- Act of allowing the third party (except when the User is a corporation and the account is granted to an officer or employee of the corporation and the officer or employee uses the account himself/herself) other than the user to enter the email address and password registered and using this service
- Acts of assigning, lending, or taking over the status under this User Agreement or the rights and obligations based on this User Agreement to a third party
- Acts of using this service for third-party paperwork with or without consideration
- Act of selling data generated by this service to a third party
- Act of conducting the Company's business or other business that directly or indirectly competes with the Company's business
- Reverse engineering, decompiling, and disassembling of all or part of this service, and other acts of analyzing this service
- Acts that insist on copyrights, patent rights, trademark rights and other intellectual property rights, or apply for patents, trademarks and other intellectual property rights for this service
- Acts of attempting to access the management authority of this service that the Company manages
- Acts of using this service in connection with the activities of anti-social forces
- Acts that violate laws and regulations
- Acts similar to the acts of the preceding items and acts that facilitate these directly or indirectly
- If the user performs any of the actions listed in the preceding paragraph, regardless of whether intentionally or negligently, the Company may immediately stop the use of the Service by the user, terminate the user agreement, and demand for compensation of the damages occurred.
10 Agreement on Data Browsing / Use / Disclosure / Delete
- Notwithstanding the provisions of the preceding paragraph, the user understands that this service is essentially a service via the Internet that inherently risks the loss, modiﬁcation, destruction, etc. of information. Additionally, if you exceed the recording storage limit set in the plan comparison page, you acknowledge that it will be automatically deleted from the oldest user's voice and text data, and backup this data at your own risk and is responsible for the safekeeping of a backup of the voice and text data. The Company shall not be liable for any damages such as restoration of lost data, compensation of damages, etc. incurred by the user due to the user's failure to back up his/her data. In addition, users shall link information held by an external service to this service at his / her own risk in accordance with the terms and conditions established by the operating company of the external service. The Company is not liable for any damages or troubles arising from the cooperation of.
- The Company may disclose transmitted information to third parties in the following cases:
- When user consent has been obtained (including, but not limited to, when the User links this Data to an external service)
- When there is a warrant from the investigative body, when there is a request for disclosure from the court, etc.
- When obliged to disclose in accordance with the law
- When the Company determines that the user is performing an act that falls under Prohibited Acts. The third-party will be limited to the one that is rationally justifiable for the investigation
- When the Company determines that it is necessary to protect the life, body, or other important rights of users or third parties
- When disclosure according to the preceding items is necessary
- In the cases listed below, The Company may delete all or part of the Data and its translations as listed below. The Company shall not be liable for the recovery of this data, compensation for damages or any other issues regarding the deleted data.
- When user consent has been obtained
- When a request for deletion is made by an investigative or administrative agency
- When the Company receives a request for deletion from a third party and determines that deletion is appropriate
- When obliged to delete in accordance with the law
- When the Company determines that the user is performing an act that falls under Prohibited Acts stipulated in Article 9, paragraph 1
- When the Company judges that it is necessary to protect the life, body or other important rights of users or third parties
- When disclosure according to the preceding items is necessary
- When the usage contract is terminated due to cancellation, cancellation or other reasons with Users
- When this service is abolished by the Company
- When the user has not logged into this service for more than one year
- When the recording storage limit specified in the contract is exceeded
- When the Company deems appropriate
11 Intellectual Property Rights
- Copyright, patent rights, trademark rights and all other intellectual property rights and trade secrets, know-how and all other information related to this service shall belong to the Company, and the User shall not acquire any of these rights by using the Service.
- The User shall own the copyrights to the audio data transmitted to the Company for use of the Service, the text data generated by the Company processing the user's audio data, and the translation as long as the copyrighted work falls under the copyright law.
- The improvements, updates and know-how obtained through the operation of this service, and copyrights, patent rights, trademarks related to programs developed by the Company or by third parties through the operation of this service; and all other intellectual property rights and trade secrets, know-how and other information shall belong to the Company.
12 Agreement on how to provide this service
- The Company will provide the Service as it is. The Company shall not guarantee whatsoever as to the accuracy, completeness, accuracy, continuity, suitability and usefulness (regardless of whether optional services are used or not) of the Service. In addition, the Company makes no guarantees about the content, accuracy, quality, and level of the Service that meets the user's requirements, and the results of using the Service.
- It is the user's responsibility to ensure that the use of this service complies with applicable laws, guidelines, industry association rules, and user internal rules, and we are not responsible for any such warranty of its compliance.
- The Company shall provide this service under SSL communication encryption, and the user understands the level of said security.
13 Transfer prohibited
- User may not assign, transfer, pledge as security, or otherwise dispose of its position under this Agreement or its rights and obligations under the Service to any third party without the prior written consent of the Company. However, this limitation shall not apply when specifically stipulated as part of the Service by the Company.
- User cannot assign, transfer, set collateral, or otherwise dispose of his/her status and rights and obligations pursuant to this Agreement without the Company’s prior written consent. However, this does not apply if the Company speciﬁcally deﬁnes the content of this service.
- When add or change the specifications of the service occurs, and this will have a significant impact on users of the service, the Company will notify Users in writing, by e-mail, or on the system after the change.
15 Service interruption
- The Company may temporarily suspend the provision of this service without notifying users in advance under the following circumstances.
- For maintenance of the system of this service that is performed regularly or temporarily
- When this service cannot be provided due to an earthquake, tsunami, typhoon, ﬂood, war, turbulence, riot, ﬁre, power outage, accident, labor dispute or other reasons
- When unexpected technical problems occur
- In addition, when the Company rationally determines that it is necessary to suspend this service for legal, operational, technical, political or other reasons
- The provision of the Service may be interrupted without prior notice to the user until it is confirmed that the reason has been resolved by the user and confirmed by the Company if one of the following reasons listed occurs pertaining to User.
- When fees due from User has not been paid by the due date
- When it is necessary to contact the user from the Company and the user cannot be contacted
- When a user commits prohibited acts
- The Company shall not be liable for any damages, losses or lost proﬁts caused by the user's failure to use the Service due to the interruption of the Service as set forth in the preceding two paragraphs.
16 Abolition of this service
The Company may terminate the provision of the Service when unavoidable circumstances occur. In the event of termination of the provision of this service, the Company shall notify the user in advance by posting it on this site or other website designated by the Company or by sending it to the user by e-mail or other methods. However, this does not apply in case of emergency or other unavoidable circumstances.
17 Termination by user
- The user can terminate the user agreement by requesting for cancellation at latest one month prior to the termination of the contract.
- Even if the contract is terminated in the middle of the contract period, User shall pay the full amount of fees for the use period speciﬁed in the use contract regardless of the number of days remaining until expiry, and the Company shall not refund any fees paid prior to the termination.
- The User may not cancel the use of the Service by terminating the Subscriber Agreement, except in the case of cancellation in accordance with this Article.
18 Termination by the Company
- if the User does not pay the usage fee by the designated payment due date, or if the User violates the Usage Agreement and such violation is not remedied within the period specified by the Company despite the Company's request for remedy, the Company may terminate the User Agreement immediately without notifying the user in advance, regardless of whether the violation was committed intentionally or due to negligence.
- If the usage contract is terminated in accordance with the preceding paragraph, regardless of the number of days until the contract term expires, the user shall pay the full fee for the usage period speciﬁed in the user agreement, and the Company shall not refund any fee paid prior to the termination.
- In addition to the cases speciﬁed in Paragraph 1, the Company can terminate the user agreement and stop the use of the Service by the user by notifying the user by e-mail or other means  months in advance. In this case, the Company will calculate the paid fees on a prorated basis and refund the excess amount to the User.
- The user ID and password shall be strictly managed by the user. The Company shall not be liable even in the case where the user's user ID and password are used by a third party, and the user suﬀers any damage arising from that, except for damages arising from Company’s intention or gross negligence.
- The Company shall not be liable for any damages, losses and lost proﬁts related to the user's inability to use the Service in the event the Service is discontinued, except for damages arising from Company’s intention or gross negligence.
- The Company shall not guarantee that contents related to this service does not contain harmful items such as computer viruses. The Company shall not be liable to users or third parties for damages caused by the inclusion of harmful items such as computer viruses in the content related to this service.
- The Company shall not be liable for damages caused to users or third parties by equipment, communication lines, software, etc. used by the User.
- The Company shall not be liable for inability to access the Service, failures of users' computers, errors, bugs, etc., and computer, system, communication line, etc. related to the Service.
20 Damage Compensation
- If the Company is liable for damages, the scope of damages to be compensated shall be limited to those that have occurred directly and normally within the scope that can be incurred, and that have occurred in the real world. The damages shall be limited to the total amount of usage fees paid to the Company. The Company shall not be liable for indirect, consequential, special, lost proﬁts or lost opportunities in any case. However, this does not apply to damages caused intentionally or gross negligence.
21 Dispute Resolution and Damage Compensation
In the event the User causes damage to a third party in connection with the use of this service and the Company receives a claim for damages or other claim from the third party, the User shall handle the dispute at his / her own responsibility and expense. At the same time, the User shall compensate for damages caused to the Company.
The user and the company shall not use the information disclosed by each party in connection with the Service, which is designated as confidential to the user, for purposes other than that specified for disclosure or disclose to any third party without the prior written consent of other party.
24 Governing Law
This usage agreement shall be construed in accordance with Japanese law and interpreted in accordance with Japanese law.
25 Exclusive Jurisdiction
The Tokyo District Court shall be the exclusive court of jurisdiction for the ﬁrst instance for all disputes based on or related to the Service and User Agreement.
If a problem arises between the user and the Company regarding this service, the user and the Company shall negotiate in good faith and attempt to resolve it.