Terms of Service
Article 1: Agreement to Terms of Service
All users who use the products sold by Ondoku (this site)
(hereinafter referred to as "Users") and
In addition, we may change the contents of this agreement and each guideline at our discretion as necessary without prior notice.
The user shall be deemed to have consented to the change of this agreement when using this website after this agreement has been changed and posted on this website.
The contents posted on the blog such as "Frequently Asked Questions" and the provisions added to the specific services of this website shall form part of this agreement.
Article 2: Prohibition of transfer of rights and obligations
The Company does not guarantee the accuracy of the services provided on this site (hereinafter referred to as the "Services") and the content of articles. In addition, the Company shall not be liable for any direct or indirect damage resulting from the use of Service by Users.
The Company shall not provide any warranty that there are no faults with respect to security, including any harmful contents such as viruses in all information, articles, images, etc. on this site, as well as unauthorized access from third parties and other safety regarding this site.
Article 3: Management of user ID and password
Users shall manage the user ID and password used to access the Service at their own risk.
In no case may Users transfer or rent the user ID and password to a third party. It is considered to be used by Users themselves if the combination of user ID and password matches the registered information.
Article 4: Prohibition of reproduction of information
All copyrights for all data, articles, images, etc. that compose this site belong to the Company and the author. The copyright of texts, images, videos, etc. posted or edited by Users using the Service shall be reserved by Users or other existing rights holders. However, the Company shall hold the right to use the text, images, videos, etc. posted or edited using the Service, and the Users shall not exercise the moral rights of the author regarding the use.
All copyrights and other intellectual property rights relating to the Service and all information related to the Service, except specified in the preceding paragraph, belong to the Company or the right holders who licensed to the Company, and Users is not authorized to reproduce, transfer, lend, translate, modify, reproduce, publically transmit (including making transmissible), transmit, distribute, publish, or commercialize, etc.
If the information posted on this site is reproduced without permission in violation of the preceding paragraph, the Company will provide the violator with each action reserved by Copyright Act (warning, filing of a complaint, claim for compensation for damages, seeking injunction, demanding to restore the honor and reputation, etc.)
Article 5: Attribution of Rights
All the programs, software, services, trademarks and trade names that make up this site, as well as the Services, products and general technology accompanying them provided by the Company and the Partners, belong to the business owner, the right holder of the program, or the information provider, etc., and Users, etc. shall not perform any act that infringes the rights.
Users, etc. must not infringe the rights of or modify any of the programs, software, etc. that make up this site.
If a dispute arises in violation of the provisions of this Terms of Service, Users, etc. shall resolve the dispute at their own expense and responsibility and in any case the Company shall be exempted from any responsibility.
Article 6: No warranty and disclaimer
The Company makes no warranty, expressed or implied, that there is no defective or legal defects in the Service (including safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security related defects, errors or bugs, infringement of rights.
The Company will not take any responsibility for any damage caused to Users by the Service; provided, however, that, in the cases that the contract between the Company and Users with respect to the use of the Service, including this Terms of Service, falls under a consumer contract as defined under the Consumer Contract Act of Japan, this disclaimer does not apply.
Even if specified in the proviso of the preceding paragraph, the Company shall not be liable for any damage arising under special circumstances, including the case in which it is foreseen or foreseeable by the Company or Users, caused by default or tort of the Company (unless such damage is attributable to the grossly negligent of the Company). The Company will be liable to provide compensation for damage arising from the Company’s default or tort (excluding gross negligence) within the range of the amount of the usage fee for the service received from such Users for the month in which such damage has been incurred at maximum.
Article 7: Infringement of intellectual property rights
(1) The user is obliged to confirm by himself / herself whether the images and other contents uploaded on this website do not infringe the copyrights of third parties.
We shall not be obliged to do so.
(2) Regarding the voice created by the user using this website
When a third party makes a claim for damages or an objection on the grounds of infringement of copyright, etc.
The user shall handle it at his / her own risk, and the Company shall not be liable at all.
Article 8: Changes in service content, etc.
The Company may request Users to change the content of the Service without notification.Users shall not refuse such request.
Article 9: Temporary suspension of each service
The Company may temporarily suspend the provision of each Service without prior notice in the following cases. The Company shall not be liable for any loss or damage of any kind arising directly or indirectly from the temporally suspension of the provision of the Service to Users or any third parties regardless of the details or conditions:
In case of system maintenance, inspections, repairs, etc. in order to keep the operating condition of each Service in good condition
In case of fire or power failure that result in failure to provide the Service
In case of natural disaster that result in failure to provide the Service
Other cases when it is necessary to temporarily suspend the provision of each Service for operational or technical reasons
The Company shall not be responsible for any loss or damage caused to Users or any third parties arising from the suspension or interruption of the provision of the Service for any reason.
Article 10: Termination of service
The Company shall terminate each Service by notifying Users 7 days in advance.
For notification to end each Service in the preceding paragraph, the Company shall notify Users and Viewers by posting on this site.
The Company shall not be responsible for any loss or damage caused to Users or any third parties, directly or indirectly, arising from the termination of each Service set in the first paragraph, regardless of its details or conditions.
The Company will provide refund at daily rate and take cancellation procedures starting from the day the Service is no longer available.
Article 11: Agreement
(1) When placing an order through this website, users and viewers form this agreement and a part of this agreement.
It is assumed that you agree to the contents described in "Specified Commercial Transactions Law Indication", "Personal Information Protection Policy", and "Frequently Asked Questions".
(2) If the Company transfers the business related to this website to another company,
Status under the usage contract due to the business transfer,
Rights and obligations based on this agreement, user registration information and other customer information may be transferred to the transferee of the business transfer.
The user agrees in advance in this section with respect to such transfer. In addition, the business transfer specified in this section shall include not only ordinary business transfer but also company split and any other cases where business is transferred.
Article 12: User's actions
The Company provides the Service to Users via the Internet. All devices, communication methods, software, etc. for connecting to the Internet are properly installed and operated by Users at their own responsibility and expense. The Company shall not be responsible for such operation.
Users agrees that, depending on Users' Internet connection environment, etc., communication costs, etc. will be separately required to use or browse the Service, and Users will bear all such communication costs.
Users acknowledges in advance that depending on Users' Internet connection environment, etc., it may not be possible to view or use part of the Service.
Article 13: Usage fee
Users shall pay the usage fee displayed on this site separately as a consideration for the use of the Service by the method specified by the Company.
Users shall pay the usage fee to the Company by the payment due.
Article 14: Changes to this agreement
If the Company determine that it is necessary to change the Terms of Service, it may amend this Terms of Service at any time without notifying Users. If Users use each Service after the amendment is made, it is deemed that Users agrees with the changes. The Company shall not be liable for any damage caused to Users or any third parties arose without confirming these Terms of Service, regardless of the content.
Article 15: Registration
- Users must not register false information and must register accurate and true information all the time, not limited to at the time of registering as a member.
- The applicants may not register if any of the following apply, or the Company may refuse to accept registration if it determines that the applicants are any of the following. The Company shall not be responsible for any damage, loss or cost (including, but not limited to direct, indirect, contingent, special, punitive, or consequential damage, lost profit, legal fee, etc.), regardless of whether it is foreseeable or not, on the ground that includes, but not limited to, contractual breach, an unlawful act, or any other legal theory:
- If the applicant registered false information at the time of member registration procedure
- If the applicant for membership registration already has a membership of the Service at the time of member registration procedure
- If the applicant for membership registration has received from the Company such measures as temporary suspension of membership, forced withdrawal or restriction of use of the Service in the past
- Regardless of whether it is intentional or negligence of the applicant for membership registration, there was a dispute with other User or third parties related to the Service in the past, including any troubles such as complaints and claims as well as legal dispute
- If the applicant for member registration actually performs or may perform an act in violation of this Terms of Service
- The applicant of the member registration is a person who was a member of an organized crime group within past 5 years, an associate member of an organized crime group or related companies, corporate and social movement racketeer, organized crime syndicate, persons who pursue economic profit through the use of violence, threats and fraud or persons equivalent thereto (hereinafter collectively referred to as "Anti Social Forces"), or any of the following applies:
- Having a relationship with which Anti Social Forces are recognized to have control over the business
- Having a relationship that shows the Anti Social Forces’ substantial involvement in management
- Having a relationship that shows reliance on the Anti Social Forces, for the purpose of making an unfair advantage of itself or a third party or for the purpose of damaging a third party
- Having a relationship with Anti Social Forces by providing funding or any similar act
- Executives or those who are substantially involved in management are engaged in socially condemnable relationship with Anti Social Forces
- Expressing to the Company or other Users that the person is or has relationship with Anti Social Force
- In the case following applies to the applicant for the membership registration, in respect to other services provided by the Company or its affiliates (hereinafter referred to as "Other Services"):
- If the applicant for membership registration has received from the Company or its affiliates such measures as temporary suspension of membership, forced withdrawal or restriction of use of Other Services
- Regardless of whether it is intentional or negligence of the applicant for membership registration, there was a dispute with other Users or third parties related to the Other Service in the past, including any troubles such as complaints and claims as well as legal dispute
- In cases in which approval of registration is likely to seriously impede the proper execution of the Company’s business or technological operation
- In addition to the precedent paragraphs, if the Company decide approving the membership registration is not appropriate
- The Company shall not be responsible for any damage, loss or cost (including, but not limited to direct, indirect, contingent, special, punitive, or consequential damage, lost profit, legal fee, etc.), arising as the result of violation of the provisions of this Article, regardless of whether it is foreseeable or not, on the ground that includes, but not limited to, contractual breach, an unlawful act, or any other legal theory.
Article 16: Confidentiality
In this agreement, "confidential information" means written (including electromagnetic method; hereinafter the same in this article), oral or recording medium from the other party by the Company or registered users in connection with the service use contract or this service. It means all information related to the other party's technology, sales, business, finance, organization, and other matters provided or disclosed by, etc., or obtained. However, items that fall under any of the following items shall not be classified as confidential information.
What was already publicly known or already known when provided or disclosed by the other party or when it was known
After being provided, disclosed, or obtained from the other party, it became publicly known through publications or other reasons not attributable to one's own responsibility.
Obtained legally without obligation of confidentiality from a third party who has the authority to provide or disclose
Developed independently without confidential information
What was confirmed in writing by the other party that confidentiality is not required
The Company and registered users shall use the confidential information only for the purpose of using this service, and shall not provide, disclose or leak the confidential information of the other party to a third party without the written consent of the other party.
Notwithstanding the provisions of the preceding paragraph, the Company or registered users may disclose confidential information based on orders, requests or requests of law, courts or government agencies. However, if there is such an order, request or request, the other party must be notified promptly.
The confidentiality obligation of this article shall survive for one year after the termination of the service use contract.
Article 17: Prohibited acts
Users shall not engage in any of the following actions when using the Service:
- The act of using Ondoku for products and services that cannot be credited with a free account.
- After using Ondoku with a paid account, move to a free account and continue to use the voice without credit.
- After using Ondoku for products and services that cannot be credited with a paid account, the act of switching to a free account and continuing to use the voice.
- Use of disposable email address.
- The act of one person creating multiple free accounts.
- The act of lending one's own account to a third party, and the act equivalent to it.
- Infringement of copyright of a third party.
- Acts that cause damage to us or a third party.
- Acts that infringe on the property, honor, privacy, etc. of our company and third parties
- The act of misleading the voice created by Ondoku as if it were a copyrighted work.
Example: To act as if the audio file generated through Ondoku is made by him/herself from the scratch..
- Selling or distributing products that mainly consists of the audio file generated through Ondoku.
* This refers to the case where most of the value of the product / product is carried by voice.
Refers to services, applications, and content that are made possible by the presence of Ondoku audio.
Example: Speech material such as dialogue and greeting collection.
- Acts of impersonating a third party
- Acts that may interfere with the operation of this website.
- Unauthorized access to servers and other computers.
- Acts of falsification regarding the Service or spreading false information
- Use of content that violates public order and morals such as adult, violence, discrimination, slander, etc.
- Acts that violate the law.
- Other acts that we deem inappropriate.
Users is liable to any claims of loss from other Users or third parties, arising as the result of the acts in violation with preceding paragraphs, including liability for damages, and regardless of whether it is arising from Users’ willful misconduct or negligence, indemnify the Company against such liability. The Company shall not be responsible for any damage, loss or cost (including, but not limited to direct, indirect, contingent, special, punitive, or consequential damage, lost profit, legal fee, etc.), resulting from the restricted acts, regardless of whether it is foreseeable or not, on the ground that includes, but not limited to, contractual breach, an unlawful act, or any other legal theory.
Users shall be liable to any damage, loss or cost (including, but not limited to direct, indirect, contingent, special, punitive, or consequential damage, lost profit, legal fee, etc.), including cases where a third party pursues liability for damages against the Company, as the result of restricted acts listed in paragraph 1 of this Article.
If the Company believes that Users has violated the restrictions set in paragraph 1 of this Article, or if the Company decides it is necessary for any other reason, the Company will, regardless of the intention or negligence of Users, take a measure to prevent or mitigate the damages caused by the restricted acts without prior notice, or any other measures that the Company deems appropriate (including act of disclosure of information of the user upon request from other Users who claims to be infringed by the user). The Company shall not be liable to any damage, loss or cost (including, but not limited to direct, indirect, contingent, special, punitive, or consequential damage, lost profit, legal fee, etc.), caused to Users or any third parties as the result of such measures, regardless of whether it is foreseeable or not, on the ground that includes, but not limited to, contractual breach, an unlawful act, or any other legal theory.
Article 18: Governing law and jurisdiction
This Terms of Service shall be governed by and construed in accordance with the laws of Japan.
In respect to all controversies arising from the Service,it is agreed to submit to the exclusive jurisdiction of the courts located in the country or state where the head office of the Company is located.