- 2-1. “Account” refers to a qualification to be able to access the Site and use the Services.
- 2-2. "Service User" refers to a person accessing the Site and/or using the Services.
- 2-3. "Source Text" refers to text input for the purpose of using the Services for translation.
- 2-4. "Human Translation" refers to a series of operations in which the Services are used to request a translation on the Site and text translated is saved at a specific location on the Site.
- 2-5. "Machine Translation" refers to a series of operations in which the Services are used to translate text by machine on the Site and save the results at a specific location on the Site.
- 2-6. "Translator" refers to an individual, group or legal entity that translates a Source Text requested by a Service User.
- 2-7. "Translation Results" refers to the product resulting from the translation of Source Text either by Machine Translation or Human Translation to the language(s) specified by the Service User.
- 2-8. "QRT Code" refers to a code used for accessing the Translation Results, and refers to an electronic image or a duplicate thereof that can be downloaded from the SIte.
3. Contents of the Services
- 3-1. The main contents of the Services are as follows.
- 3-1-1. QRT code generation
Service User can generate QRT codes by entering a Source Text and specifying the language(s) to be translated on the Site. A single QRT code can be linked with Source Text and Translation Results in up to 15 languages.
- 3-1-2. Translation
By entering Source Text on the Site, Service User can have it translated into a language(s) specified by the Service User, either by Human Translation or Machine Translation. In principle, Machine Translation is provided free of charge, and Human Translation is provided for a fee on a per character or per word basis depending on the number of languages translated.
- 3-1-3. Editing and saving of Translation Results
Service User may edit and save the Translation Results at his/her discretion. In addition to text, data such as images can be laid out, edited, and saved. The saved data will be sent to a mobile phone and be displayed, when the QRT code is scanned, with a suitable manner according to the language set of the mobile phone.
- 3-1-4. Text-To-Speech
Service User may have a mobile phone read out, when the QRT code in scanned, the Translation Results being mechanically converted into voice (hereinafter referred to as "Voice Conversion Results") in the displayed language.
4. Registration for use of the Services and creation and management of Account
- 4-3. Only the person who uses the Services (or the person who has the authority to conclude a contract externally in the case of a corporation or an organization) may apply for opening an Account. The Account registration by an agent or representative is not permitted. However, this does not apply to cases where the agent or representative is an authorized dealer of the Provider or has legitimate authority.
- 4-4. Those who apply for opening an Account must register accurate information about themselves or their organizations, and guarantee that all information registered on the Site is true.
- 4-5. The conditions for those who can register for Account are as follows. However, 4-5-1 does not apply to corporations.
- 4-5-1. You must not be a minor or other person with limited capacity to act; provided, however, that in the case of a minor, you have obtained the comprehensive consent of his/her legal representative.
- 4-5-2. You have not had an Account.
- 4-5-3. You do not belong to or have a relationship with antisocial forces such as organized crime groups in the past, present, or future.
- 4-6. The Service User shall not transfer, resell, lend, or perform any other similar acts (hereinafter referred to as "Transfer") to a third party without the consent of the Provider.
- 4-7. In the event that the Provider judges that Account registration procedure falls under any of the following items, the Provider may not approve the Account application. In addition, the Provider may revoke the Account even after the approval or registration.
- 4-7-1. In the event that the Service User does not meet the conditions for registering Account as specified in 4-5 above, or no longer meets the conditions.
- 4-7-2. In the event that the Service User has registered by entering false or fictitious information in violation of 4-3 or 4-4 above.
- 4-7-3. In the event that Account is Transferred to a third party without the Provider's permission in violation of 4-6 above. This includes cases where the Provider judges for a reasonable reason that the Account has been Transferred.
- 4-8. The Provider will provide the Services based on the registered information. If there is any change in the registered information, the Service User agrees to notify the Provider of such change within 14 days, and to take the necessary procedures as requested by the Provider.
- 4-9. The Provider shall not be liable for any damage caused to the Service User or a third party due to the negligence of the notification in 4-8 above, or due to falsehood, misdescription, or omission in the contents of the registration information.
5. Management of ID and password
- 5-1. Service User shall manage and store his/her own ID and password at his/her own responsibility, and shall not use, borrow, or Transfer them to a third party. When the Provider confirms the right combination of the ID and the password, the Provider shall deem that the Service User has used the Services.
- 5-2. The Provider shall not be liable for any damage caused by the unauthorized use of the Account by a third party due to the leakage of the ID or password for reasons not attributable to the Provider.
6. Service fee
- 6-1. The service fees for the Services are set according to the plans posted on the Site by the Provider. However, this shall not apply to cases where there is a separate special agreement with an authorized dealer or other party with legitimate title to the Provider.
- 6-2. Service User shall be required to pay the relevant service fees according to the plans used. In the case of paid use, an initial fee may be charged. The Internet fees, packet fees, and other communication-related costs incurred with the telecommunication carriers for the use of the Services are not included in the service fees. Service User shall pay these fees separately to the relevant telecommunication carriers.
- 6-3. When using Human Translation, in addition to the plans mentioned in 6-1 above, there will be a translation fee according to the number of characters or words in the Source Text and the number of languages translated. The incurred translation fee shall be settled by the method designated by the Provider.
- 6-4. Service User shall be responsible for any bank transfer fees, remittance fees, and other expenses necessary for the payment of service fees. In addition, the service fees shall be subject to the amount of consumption tax levied in accordance with the provisions of the Consumption Tax Act of Japanese government.
- 6-5. The Provider may change the service fees or its calculation method, etc. depending on the economic climate and other economic conditions.
- 6-6. Human Translation fees, once settled, shall not be refunded for any reason whatsoever, including but not limited to omissions, misspellings, misinterpretations, or other errors by the Translator.
7. No guarantee of Translation Results and Voice Conversion Results
- 7-1. The Provider does not guarantee the perfect accuracy and consistency of the Source Text and the Translation Results or Voice Conversion Results, regardless of whether it is Machine Translation, Human Translation, or text-to-speech mechanical conversion.
- 7-2. In principle, the Provider shall not accept any correction, amendment, or redo of the Translation Results or Voice Conversion Results after delivery, regardless of whether it is Machine Translation, Human Translation, or text-to-speech mechanical conversion. However, in the case of Human Translation, when an obvious mistake by Translator is recognized, Service User may request that the relevant part of the Translation Results be corrected, amended, or redone within one week after delivery, in a method specified by the Provider.
8. Management of Service User's information
9. Display of advertisements by the Provider
- 9-2. The display of advertisements shall be clearly separated from the contents of Service User and shall be clearly indicated as an advertisement.
10. Principle of self-responsibility
- 10-1. Service User must have an environment with access to the Internet to use the Services. Service User shall be responsible for an appropriate installation and operation of an access environment, including hardware, software, and communication equipment, at his/her own responsibility and expense. The Provider shall not be involved in the access environment of Service User, and shall not be responsible for the installation, operation, etc. of such equipment.
- 10-2. Service User shall use the Services based on his/her own responsibility and judgment regarding accuracy, completeness, usefulness, legality, etc. of the contents (including documents, images, and other data) of Source Text, and shall be liable for any damage to himself/herself or his/her organization due to the use of the Services or the inability to use the Services. In the event that any disadvantage arises to the Service User or the organization to which the Service User belongs as a result of the use of the Services or the inability to use the Services, the Service User shall not claim responsibility from the Provider. The same shall apply to any disadvantage or damage caused to a third party as a result of the use of or inability to use the Services.
- 10-3. When using the Services, Service User shall warrant that the Source Text will not infringe on the human rights, intellectual property rights, or any other rights or interests of a third party. In the event that there is a possibility that the rights or interests of a third party have been infringed upon, Service User shall immediately stop using the Services and attempt to resolve the issue with the third party at his/her own responsibility and expense. In this case, the Service User shall agree that the Provider may stop the publication and use of the Source Text and Translation Results.
- 10-4. Regardless of whether Translation is done by Human or Machine, the Provider shall not assume any responsibility for the Translation Results. This shall also apply in the event that an obvious error is found in the Translation Results. Service User shall be responsible for not only the Source Text, but also all Translation Results arising from the content of the Source Text, and shall not demand responsibility from the Provider. The same shall apply to the Voice Conversion Results.
- 11-1. The Provider shall not be liable for any damages incurred to Service User due to any of the following 11-1-1 through 11-1-5, regardless of the cause of claim such as default, tort, unjust enrichment, etc.
- 11-1-1. Force majeures such as natural disasters, political upheavals, disturbances, riots, and legal restrictions
- 11-1-2. Leakage of information (including personal information) due to unauthorized access by a third party to equipment such as operation server of the Site, unauthorized attack, or interception on the Internet communication path
- 11-1-3. Failures caused by malfunctions in telecommunication services provided by telecommunication carriers, such as malfunctions in the Internet connection services
- 11-1-4. Compulsory dispositions based on laws and regulations such as the Code of Criminal Procedure and the Act on the Interception of Communications for Criminal Investigation, or other compulsory dispositions based on court orders
- 11-1-5. Other reasons not attributable to the Provider
- 11-2. The Provider shall not be liable for any disputes between Service User and third parties arising from Service User's use of the Services.
12. Prohibited matters
- 12-1-1. Content that includes personal information leakage or privacy violation.
- 12-1-2. Content that defames others, or content that is obscene.
- 12-1-3. Expressions or contents that induce or encourage illegal acts, criminal acts, suicide, etc.
- 12-1-4. Content that interferes with another person's business or leaks another person's confidential information.
- 12-1-5. Content that forewarns, induces, incites, or encourages crime.
- 12-1-6. Content that includes terrorism, overthrow of nations, or other disturbing claims against nations.
- 12-1-7. Content that may infringe on the copyrights or other intellectual property rights of others.
- 12-1-8. Medical or drug-related content that may endanger human health or life due to misinterpretation.
- 12-1-9. Confidential documents or legal documents, the mistranslation of which may cause irreparable damage to the parties concerned.
- 12-1-10. Content that contains confidential information that may cause serious consequences if disclosed to a third party.
- 12-1-11. Other content that may cause damage to others or content that is offensive to public order and morals.
- 12-2. The Provider shall prohibit Service User from performing the following acts.
- 12-2-1. Improper alteration or falsification of QRT codes issued by the Services.
- 12-2-2. Illegally affixing QRT codes issued by the Services to other people's property (including bulletin boards and other public property) without the consent of the owner or manager of the property.
- 12-2-3. Issuing QRT codes without the purpose of using them in the real world.
- 12-2-4. Issuing QRT codes by mechanical means, such as computer programs, without official permission from the Provider, and other acts of using the Services.
- 12-2-5. Acts of re-selling or reselling the Services without having a legitimate title such as an authorized dealer of the Provider.
- 12-2-6. Acts of using the Services to provide third parties with services similar to or incidental to the Services, regardless of whether they are free of charge or not, without having the legitimate title of the authorized dealer of the Provider.
13. Operation hours and suspension of use
- 13-1. The operation hours of the system providing the Services (hereinafter referred to as the "System") shall be 24 hours a day, 365 days a year, except for the cases listed in 13-2 and 13-3 below. In principle, the hours of contact for various inquiries and support shall be limited to the business hours of the Provider.
- 13-2. During times of intense use of the System, the Provider may limit the use of the Services by Service User.
- 13-3. The Provider may stop, suspend, or interrupt the use of the Services without prior notice when it is deemed to fall under any of the following 13-3-1 to 13-3-3.
- 13-3-1. In the event that maintenance and inspection of the equipment that constitutes the System is required.
- 13-3-2. In the event that a natural disaster or other unforeseen event causes or is likely to cause a serious failure of the System.
- 13-3-3. In the event that the Provider deems it necessary to suspend, terminate, or discontinue the Services.
14. Restriction of use, termination of the Services, and legal action due to unauthorized use
- 14-1. The Provider shall prohibit Service User from committing any of the following 14-1-1 through 14-1-4 acts against the Provider or the System.
- 14-1-2. Illegally accessing the System or intentionally sending virus-infected files to the System.
- 14-1-3. Intentionally interfering with the management and operation of the System.
- 14-1-4. Engaging in any other acts that interfere with the operation of the System.
15. Licensing of trademarks
- 15-1. QR Translator is a registered trademark belonging to the Provider.
- 15-2. The Provider grants Service User a non-exclusive right to use the registered trademark "QR Translator®" and other service names, notations, logos, marks, etc. (hereinafter referred to as "Trademarks") to the extent reasonable and necessary for the use of the Services during the term of the relevant use of the Services.
- 15-3. Service User shall not modify, process, edit, or otherwise alter the Trademarks in any way.
- 15-4. Service User shall attach the registered trademark "QR Translator®", which is the name of the Services, to 2D barcodes generated and issued by the Services, and shall not generate and issue them separately from the trademark. In principle, the trademark may not be replaced by any other proprietary mark. However, this shall not apply if the Provider has given its consent.
- 15-5. With respect to patents and other intellectual property rights related to the Services owned by the Provider, the Provider shall grant Service User a non-exclusive license or right to use such rights during the term of the relevant use, but only to the extent necessary for the use of the Services.
- 16-1. Service User shall grant the Provider a non-exclusive right to use the Source Text and Translation Results, to the extent necessary and reasonable for providing the Services.
- 16-2. The copyright of the Translation Results (secondary works) resulting from the use of the Services shall belong to the Provider and the Translator. However, the Provider and the Translator shall permit Service User to use such Translation Results within the scope of the purpose of the Services, and shall not exercise their moral rights.
- 16-3. The Provider shall prohibit Service User from duplicating, quoting, reprinting, or making any other secondary use of the Translation Results from the use of the Services without permission, except for the purpose of the Services.
17. Other intellectual property rights
- 17-1. All ownership rights, industrial property rights, and other intellectual property rights related to all programs, software, procedures, documents, images, data, works of authorship, service marks, etc. that constitute the Services belong to the Provider and its suppliers. These intellectual property rights are protected by laws and treaties related to intellectual property rights. Therefore, Service User shall comply with laws and treaties regarding these intellectual property rights when using the Services.
- 17-2. Service User shall not acquire or exercise new intellectual property rights in any country, even when they have created inventions, devices, designs, or other creations through changes, expansions, or improvements of the Services, or through collaboration with the Services.
18. Collection, analysis, and handling of information related to Services
- 18-1. Service User shall agree that the Provider may use the registration information, device information, and other information and data provided to the Provider as statistically processed information that does not include information that identifies Service User, for the purpose of providing and operating the Services, improving and enhancing the Services, improving usability, advertising and other notification activities for the Services, or gaining statistical data.
19. Exclusion of antisocial forces
- 19-1. Service User shall guarantee to the Provider that they or their officers, employees, shareholders, etc. do not fall under the category of organized crime groups, organized crime group members, organized crime group quasi-members, companies related to organized crime groups, corporate extortionist, advocates, or other similar persons (hereinafter referred to as "Antisocial Forces") at the time of application for an Account, and shall guarantee the Provider that they don’t fall under any of the following 19-1-1 through 19-1-5., and that they will not fall under any of them in the future.
- 19-1-1. Having a relationship in which Antisocial Forces are recognized as controlling the management.
- 19-1-2. Having a relationship in which Antisocial Forces are considered to be in effect in the management.
- 19-1-3. Having a relationship in which it is considered to wrongfully use any Antisocial Forces for the purpose of benefiting himself/herself, his/her organization or a third party or for the purpose of causing damage to a third party.
- 19-1-4. Having a relationship with Antisocial Forces, such as providing funds, etc. or favoring them.
- 19-1-5. Having a socially reprehensible relationship with Antisocial Forces.
- 19-2. The Provider may cancel or terminate the Services without any notice when it is found that the Service User is in breach of the guarantee in 19-1 above, or when the Provider judges that the Service User is likely to be in breach of the guarantee based on reasonable grounds.
- 20-1. The Provider may, at its discretion, monitor to a reasonable extent whether Service User is using the Services properly, and Service User shall agree to such monitoring.
22. Compensation for damages
- 22-1. Service User shall be entitled to claim compensation for damages from the Provider for reasons attributable to the Provider, within the scope specified in 22-2 below, limited to normal and direct damages actually suffered by the Service User. However, with regard to damages caused by a defect in the Services (excluding a defect in Human Translation), Service User shall be able to claim against the Provider only when the defect is not corrected due to reasons attributable to the Provider and when damages are incurred due to a failure to provide a reasonable alternative measure to correct the defect.
- 22-2. Claims under 22-1 above may not be made after six(6) months have elapsed from the date of commencement of use of the Services that is the cause of the claim for damages.
- 22-3. The total cumulative amount of damages under 22-1 above shall be limited to the amount equivalent to the relevant fee of the Services that is the cause of the reason attributable to the Provider, regardless of the cause of claim such as default, legal liability for defect, unjust enrichment, tort, etc.
23. Governing law and jurisdiction
- 23-1. The use of the Service shall be governed by the laws of Japan.
- 23-2. All lawsuits arising between the Provider and Service User regarding the use of the Services shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
25. Supplementary provisions