Terms of Service

The terms and conditions governing the use of our services

2023/11/20

1. Introduction

These Terms of Service (hereinafter referred to as "the Terms") shall govern the conditions for using the DolphinVoice AI Platform service (hereinafter referred to as "the Service") provided by Dolphin AI, K.K. (hereinafter referred to as "the Company") on this website. All registered users (hereinafter referred to as "Users") shall use the Service in accordance with the Terms.

2. Applicability

This Agreement shall apply to all matters arising between the User and the Company in connection with the use of the Service.

The Company may establish separate rules or other specific provisions (hereinafter referred to as "Individual Provisions") for the use of the Service. These Individual Provisions, regardless of their name, shall constitute a part of the Terms.

In the event of any conflict between the Terms and the Individual Provisions, the Individual Provisions shall prevail unless otherwise specifically stipulated in the Individual Provisions.

3. Registration

Registration for the Service shall be completed upon the Company's approval of the application by the applicant who has used the method prescribed by the Company and agreed to the Terms.

The Company may refuse to approve an application for registration if the applicant falls under any of the following categories, and is not obliged to disclose the reasons:

The applicant has submitted false information during the application for registration.

The applicant has previously violated the Terms.

Other cases where the Company deems the registration inappropriate.

4. Management of User ID and Keys

User ID and keys include login credentials, service usage credentials, etc. (including but not limited to username, login password, APPID, APPSecert). Users shall properly manage their own User IDs and keys for the Service at their own responsibility.

Users shall not assign, lend, or share their User IDs and keys with any third party. The Company shall deem any activity using a combination of User ID and keys that matches the registered credentials as being conducted by the User who registered that User ID.

The Company shall not be liable for damages caused by third-party use of the User ID and keys, except in cases of willful misconduct or gross negligence by the Company.

5. Fees and Payment Methods

Users shall pay the fees for the paid portions of the Service as separately determined by the Company and displayed on the website, by the method specified by the Company.

If a User delays payment of fees, the User shall pay late fees at an annual rate of 14.6%.

6. Prohibited Matters

Users shall not engage in any of the following activities when using the Service:

  • Actions that violate laws or public order and morals;
  • Actions related to criminal activities;
  • Actions that infringe upon copyrights, trademarks, or other intellectual property rights included in the Service;
  • Actions that destroy or interfere with the operation of the Company, other Users, or third parties' servers or networks;
  • Actions that commercially exploit information obtained through the Service;
  • Actions that may interfere with the operation of the Service;
  • Actions of unauthorized access or attempts to do so;
  • Actions that collect or accumulate personal information about other Users;
  • Actions that use the Service for improper purposes;
  • Actions that cause disadvantage, damage, or discomfort to other Users or third parties;
  • Actions that impersonate other Users;
  • Advertising, solicitation, or business activities on the Service without the Company's consent;
  • Actions aimed at meeting strangers of the opposite sex;
  • Actions that provide direct or indirect benefits to anti-social forces in connection with the Service.

Any other actions that the Company deems inappropriate.

7. Suspension or Interruption of the Service

The Company may suspend or interrupt the provision of all or part of the Service to Users without prior notice in the following cases:

  • Maintenance, inspection, or updates on the computer systems related to the Service;
  • Force majeure events such as earthquakes, lightning, fire, power outages, or other natural disasters making service provision difficult;
  • Accidents causing computer or communication line failures;
  • Other cases where the Company deems service provision difficult.

The Company shall not be responsible for any disadvantage or damage suffered by Users or third parties due to the suspension or interruption of the Service.

8. Usage Restrictions and Deregistration

The Company may restrict the use of all or part of the Service or deregister a User without prior notice under the following circumstances:

  • If the User violates any provisions of the Terms;
  • If it is revealed that there are false facts in the registration information;
  • If there is a failure to pay fees or other financial obligations;
  • If there is no response to the Company's contact for a certain period;
  • If there is no use of the Service for a certain period after the last use;
  • Other cases where the Company deems the use of the Service inappropriate.

The Company shall not be responsible for any damage caused to the User by actions taken under this Article.

9. Withdrawal

Users may withdraw from the Service in accordance with the withdrawal procedure prescribed by the Company.

10. Disclaimer of Warranties and Limitation of Liability

The Company does not guarantee that the Service is free of defects (including, but not limited to, defects related to safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, errors, bugs, infringement of rights).

The Company shall not be responsible for any damage caused to the User due to the Service, except in cases where the Company has intent or gross negligence. However, this disclaimer does not apply to contracts with Users that qualify as consumer contracts under the Consumer Contract Act.

Even in the case where the preceding clause applies, the Company shall not be responsible for any special damages (including damages that the Company or the User could foresee or should have foreseen) caused to the User due to the Company's negligence (excluding gross negligence). Furthermore, the compensation for damages caused to the User due to the Company's negligence (excluding gross negligence) in breach of contract or tort shall be limited to the amount of fees received from the User in the month the damage occurred.

The Company shall not be responsible for any transactions, contacts, or disputes between Users and third parties in relation to the Service.

11. Changes to the Service

The Company may change, add, or discontinue the content of the Service with prior notice to Users, who must accept such changes.

12. Amendments to the Terms

The Company may amend the Terms without individual consent from Users in the following cases:

  • The changes benefit Users generally;
  • The changes do not violate the purpose of the Terms of Service and are reasonable in light of the necessity, appropriateness, and other circumstances.

The Company shall notify Users in advance of any amendments to the Terms, including the amended content and effective date.

13. Handling of Personal Information

The Company shall handle personal information obtained through the Service appropriately in accordance with its Privacy Policy.

14. Notifications or Contacts

Notifications or contacts between Users and the Company shall be conducted by methods prescribed by the Company. Unless the User has submitted a change notification in the manner specified separately by the Company, the Company shall deem the currently registered contact information to be valid and shall send notifications accordingly, which shall be deemed to have been delivered to the User at the time of dispatch.

15. Prohibition of Assignment of Rights and Obligations

Users may not assign or pledge their position, rights or obligations under the Terms to third parties without the Company's prior written consent.

16. Governing Law and Jurisdiction

The Terms shall be governed by Japanese law.

Any disputes arising in connection with the Service shall be subject to the exclusive jurisdiction of the court where the Company’s headquarters are located.

Last Revised: November 20, 2023