SpeaKing - Terms Of Use

This is the document which defines the terms and conditions when you want to use our app SpeaKing. All users must agree with the contents below.

Definitions

The definition of the words used in this document are shown below:

App	The iPhone/Android application "SpeaKing".
Website	Website with the information about App.
Contents	The contents provided by, or generated by App.
User	All users who will use App.
Coin	The virtual currency that can be converted to our paid Contents.
Personal Information	Any information that relates to an identified or identifiable individual.
Generator	Natural language model that can output phrases according to the input protocols. We use ChatGPT API as Generator.
Intellectual Property	Inventions, devices, new varieties of plants, designs, works and other items produced by human creative activity (including laws or phenomena of nature that have been discovered or elucidated and have industrial applicability), trademarks, trade names and other items indicating goods or services used in business activities and trade secrets and other Technical or business information useful for business activities.
Intellectual Property　Right	Patent rights, utility model rights, breeder's rights, design rights, copyrights, trademark rights, and other rights provided by law with respect to intellectual property or rights pertaining to legally protected interests.

Agreement to these Terms of Use

Users may use the App upon agreeing to these Terms of Use.
A contract of use in accordance with the various provisions of these Terms of Use shall be established between the user and the Company when the user downloads the App to his/her smartphone or other information terminal and goes through the procedures for agreeing to these Terms of Use.
If the User is a minor, the User must obtain the consent of a person with parental authority or other legal representative before using the App.
If a minor user uses the App by falsely claiming to have the consent of a legal representative even though he/she does not have such consent, by falsely claiming to be of legal age, or by using other fraudulent means to make the user believe that he/she is of legal capacity, all legal acts related to the App cannot be revoked.
If a user who was a minor at the time of consenting to these Terms of Use uses the Service after reaching the age of majority, such user shall be deemed to have ratified all legal acts related to the App.

Revises of these Terms of Use

We may revise the Terms of Use at any time without obtaining the user's consent, and the user agrees to such revisions without objection.
When we revise the Terms of Use, it will notify the user of the contents of such revision by the method prescribed by us.
The revision of the preceding Terms of Use shall take effect from the time we gives notice in accordance with the preceding paragraph.
Users will be deemed to have agreed to the revised Terms of Use without objection at the time they use the service after the revision of the Terms of Use.

How we treat User's Personal Information

Personal Information and User information shall be handled appropriately in accordance with the Privacy Policy separately established by us.

Prohibited Acts

In using this App, we prohibit Users from engaging in the following acts. If a user is found to have violated any of these prohibited acts, we may take measures deemed necessary by us, including suspension of use and deletion of posts, and the user agrees to this without objection.

Acts that infringe on our or a third party's intellectual property rights
Acts that damage or unfairly discriminate against the honor or reputation of us or a third party, or that defame or slander us or a third party
Acts that infringe on or may infringe on our or a third party's property
Acts that cause economic damage to us or a third party
Threatening acts against us or a third party
Acts of using or inducing the use of computer viruses or harmful programs
Acts that excessively burden the infrastructure of this App
Attacks against the servers, systems, or security of this site
Attempts to access App through means other than those provided by us
Any other acts that we deem inappropriate

How we treat Contents

Users may only use the Content of this App within the scope determined by us.
We own all rights to the content provided or generated in this App except User's input, and does not grant Users the right to exercise or license any patents, utility model rights, design rights, trademark rights, copyrights, or other intellectual property rights that we possess.
Users are prohibited from reproducing, transmitting, transferring (including buying and selling among users), lending, translating, adapting, reprinting without permission, secondary use, using for commercial purposes, modifying, disassembling, decompiling, or reverse engineering the content in any way beyond the usage range determined by us.
Notwithstanding the preceding paragraph, when a user loses their user status due to withdrawal or other reasons, their right to use the provided content shall also be extinguished.

Paid Contents

Users may purchase Paid Contents within this service by paying a fee. The price, payment methods, and other details of the paid contents will be separately determined and displayed on this App or our website.

We reserve the right to change the prices of free or paid contents at our discretion within this service.

In case a user delays payment for the paid contents, the user shall pay us a default interest of 14.6% per year.

Only the registered user can be licensed to use the paid contents.

How We Treat Coins

We grant Users Coins when they purchase them or view rewarded advertisements within this App. The purchase unit, price, validity period, and other grant conditions of coins will be separately determined and displayed on this App.

Coins have no expiration date.

Since Coins are consumable type in-app purchase, except when required by law, we do not refund Coins acquired by Users. The method and conditions for refunding Coins based on the law shall be separately displayed on this App.

Unused Coins will be lost if the user uninstalls the App.

Prohibition of Transfer

We prohibit any transfer, assignment, lending, borrowing, or other act of transferring ownership, receipt, or exchange of any Content or Coins obtained within this service, directly or through third-party intermediaries, internet auctions, or any other means involving the exchange of money or other real-world compensation (including but not limited to Real Money Trading or RMT). This prohibition also applies to any User activity within this App that involves the exchange of money or other real-world compensation.

Disclaimer

We do not assume any responsibility for any damages resulting from changes, interruptions, or termination of this App.
We do not participate in or assume any responsibility for the User's environment used to access this App.
We do not guarantee that this App is suitable for any specific purpose, has the expected functionality, product value, accuracy, or usefulness, or that the User's use of this App complies with applicable laws or regulations of industry organizations. We also do not guarantee that there will be no problems or malfunctions.
We do not guarantee that this App is compatible with all information devices. Users should be aware that issues may arise due to updates of the operating system of their information device when using this App, and we do not guarantee that such issues will be resolved through any program modifications or other measures that we take.
Users should be aware that changes to the terms and conditions or operating policies of service stores such as AppStore and GooglePlay may result in restrictions on the use of all or part of this service.
We do not assume any liability for direct or indirect damages suffered by the User resulting from the use of this App.
We do not assume any responsibility for missed opportunities, business interruptions, or any other damages suffered by the User or any third party (including indirect damages and lost profits), even if we were notified in advance of the possibility of such damages.
The provisions of the preceding paragraphs do not apply if we act intentionally or with gross negligence or if the contract is considered a consumer contract under consumer contract law.
Even if the preceding paragraph applies, we do not assume any responsibility for damages incurred by the user due to negligent acts (excluding gross negligence) for special reasons.
In the event that we are held liable for damages due to the use of this App, our liability shall be limited to the actual amount of damages incurred by the User up to the total amount of fees paid by the User for this App.

Users understand and agree that the App may include any and all advertisements, and that we or its partners may place any and all advertisements on the App. The form and scope of advertisements on the App may be changed by us at any time.

Terminate of App

We reserve the right to terminate the provision of this App by notifying the users by an appropriate method.
Users agree in advance and without objection that if the provision of this App is terminated, they will lose all rights to use paid contents and will no longer be able to use such paid contents.
We shall not be liable for any damages suffered by the users or third parties arising from the termination of this App, regardless of the cause.

Prohibition of Assignment of Rights

Unless approved in writing by us in advance, Users shall not assign their position or any rights or obligations under these Terms of Use to any third party, in whole or in part.

We may transfer all or part of the App to a third party at our discretion. In such cases, all of the User's rights related to the App, shall be transferred to the transferee within the scope of the transferred rights.

Separability of this Terms of Use

Even if any provision of these Terms of Use or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of these Terms of Use and the remaining portions of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect.

Contact to us

Users' communications and inquiries to us regarding the App shall be made via the inquiry form provided in the App or appropriate location on the Website, or by a method separately designated by us.

Governing law and court of jurisdiction

The validity, interpretation and performance of this agreement shall be governed by and construed in accordance with the laws of Japan.
Any and all disputes, controversies or differences arising out of or in connection with this agreement between the company and the user shall be exclusively submitted to the Tokyo Summary Court or the Tokyo District Court, depending on the amount of the claim, as the agreed exclusive jurisdictional court.