These Terms of Use ("Terms") govern your use of the mobile application "Pocovo" (the "Service") provided by ReTicLab ("we", "us"). By downloading, installing, or using the Service, you are deemed to have agreed to all provisions of these Terms. If you do not agree to these Terms, please do not use the Service. Under Japanese law, these Terms constitute "standard terms" (teikei-yakkan) as defined in Article 548-2 of the Civil Code of Japan.
Article 1 (Application)
- These Terms apply to all relationships between you and us regarding your use of the Service.
- We may establish separate rules, guidelines, or notices regarding use of the Service ("Individual Rules") in addition to these Terms. Individual Rules, regardless of their name, form part of these Terms.
- If the content of these Terms and any Individual Rules differ, the Individual Rules shall prevail.
Article 2 (Definitions)
The terms used in these Terms are defined as follows.
- •"User": an individual who uses the Service.
- •"Account": the identifying information a user registers or authenticates with to use the Service.
- •"Subscription": a collective term for the Service's paid plans, including the "Pro plan" and the "Max plan".
- •"Pro plan": a Subscription plan that provides unlimited decks and card registration, an expanded image-search quota, cloud sync across multiple devices, and other features.
- •"Max plan": a Subscription plan that provides all features of the Pro plan, plus the automatic card-import-from-photo feature (the "Automatic Card Import Feature") and a higher image-search quota.
- •"User Content": any content created, registered, entered, captured, or stored by a user through the Service (terms, meanings, example sentences, images, photos handled by the Automatic Card Import Feature, etc.).
- •"Store": collectively, the App Store operated by Apple Inc. and Google Play operated by Google LLC.
Article 3 (Eligibility)
- The Service is intended for individuals aged 13 and older. Individuals under 13 may not use the Service.
- If a minor uses the Service or subscribes to a Subscription, they must obtain the consent of a parent or other legal guardian before doing so.
- Individuals who have previously been suspended from using the Service due to a violation of these Terms or similar reasons may not use the Service.
- You must comply with all applicable export control laws when using the Service. You represent and warrant that (i) you are not located in a country subject to a U.S. government embargo (which currently includes Cuba, North Korea, Iran, Syria, and any other country designated from time to time), and (ii) you are not listed on any U.S. Treasury Department Office of Foreign Assets Control (OFAC) list of prohibited or restricted parties, including the Specially Designated Nationals and Blocked Persons List.
Article 4 (Accounts)
- Some features of the Service (including cloud sync and use of Subscriptions) require account registration. Without registering an account, you may only use local, on-device features such as creating, studying, and searching decks.
- You must provide accurate and current information when registering.
- You are responsible for managing your own account information and must not let a third party use your account, or lend, transfer, sell, or pledge it.
- If you discover unauthorized use of your account, you must notify us promptly. We bear no liability beyond the scope of Article 13 for damage caused to you or a third party by unauthorized use of your account.
Article 5 (License to Use the Service; Term)
- We grant you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Service for personal, non-commercial purposes in accordance with these Terms.
- This license takes effect when you install the Service and continues until it is terminated by you or us in accordance with these Terms, or until the Service is discontinued. Upon termination, you must immediately stop using the Service and delete it from your device.
- This license does not transfer any rights in the Service's software itself. All intellectual property rights relating to the Service belong to us or the applicable rights holders.
Article 6 (User Content)
- Copyright and other rights in User Content belong to you or the applicable rights holder. We claim no rights in User Content.
- You grant us a royalty-free, non-exclusive license to use your User Content to the extent necessary to provide and operate the Service (storage, reproduction, transmission, display, and provision to subcontractors for analysis processing in the Automatic Card Import Feature, etc.).
- You warrant that your User Content does not infringe any third party's intellectual property rights, right of publicity, privacy rights, honor, or other rights. If you use the Automatic Card Import Feature, you warrant that you have obtained any necessary consent from the subjects depicted in the photos you capture or upload (including any third parties incidentally appearing in them), and that using such photos through the Service does not infringe any third party's rights.
- You are responsible for maintaining your own backups of your User Content, and we bear no liability beyond the scope of Article 13 for loss, damage, or alteration of User Content.
- If you use the Automatic Card Import Feature, photos you capture or upload are sent to an overseas (U.S.) analysis vendor that we engage as a subcontractor for analysis processing. Details of how such data is handled are governed by our Privacy Policy.
Article 7 (Prohibited Conduct)
When using the Service, you must not engage in any of the following:
- Acts that violate any law, court judgment, order, or binding administrative measure
- Acts contrary to public order or morals
- Acts related to criminal activity
- Acts that infringe the intellectual property rights, right of publicity, privacy rights, honor, credit, or other rights or interests of us, other users of the Service, or any third party
- Acts that place an excessive burden on the Service's servers or network
- Acts that may interfere with our operation of the Service
- Unauthorized access, or attempts at unauthorized access
- Collecting, disclosing, or providing personal information about other users
- Reverse-engineering, decompiling, disassembling, or otherwise extracting source code from the Service
- Reselling, redistributing, or reselling the Service for commercial purposes
- Using the Service via automated programs, scripts, or bots (except where we have granted permission)
- Abusing the Automatic Card Import Feature (including unauthorized interference with the analysis process, attempting to extract information from the analysis model, or attempting to analyze images that infringe a third party's rights)
- Interfering with our operation of the Service, or any other act we reasonably deem inappropriate
Article 8 (Subscriptions)
- Some features of the Service are available by subscribing to the Pro plan or Max plan. Details of the features provided under each plan are displayed on the Service's in-app purchase screen.
- Subscription pricing, billing periods, features, renewal terms, and similar details are displayed on the Service's in-app purchase screen. In case of any discrepancy, the pricing displayed by the Store takes precedence.
- The monthly usage limits for the image search feature (Pro plan) and the Automatic Card Import Feature (Max plan only) are calculated and reset based on your Subscription's renewal date, not the calendar month. In addition, to prevent fraudulent use and automated access, all plans are subject to an hourly usage limit. The "unlimited" image search offered under the Max plan is provided subject to this anti-abuse limit and is not guaranteed to be unlimited. These specific limits may be changed at our discretion for the stable operation of the Service.
- Cloud sync covers only the text information of decks and flashcards (terms, meanings, example sentences, learning status, etc.). The image files attached to flashcards are always stored only on your device, regardless of Subscription status, and are not included in cloud sync or backups. See our Privacy Policy for details.
- Payment for Subscriptions is made through the Store. Payment methods, receipts, cancellation, and refunds are governed by the applicable Store's rules.
- Subscriptions renew automatically. Unless you turn off auto-renewal at least 24 hours before the end of the current billing period, the Subscription will automatically renew for the same period and you will be charged the applicable fee.
- To turn off auto-renewal:
- iOS: Settings → [your name] (Apple ID) → Subscriptions
- Android: Google Play → Payments & subscriptions → Subscriptions
- After cancellation, you may continue to use the features of your plan until the end of the current billing period. We do not provide prorated refunds for mid-period cancellations.
- The Service is digital content (a form of mail-order sale under Japan's Act on Specified Commercial Transactions) and is not subject to the statutory cooling-off period under that Act. In principle, we do not provide refunds, although refunds may be granted in accordance with the applicable Store's refund policy. Please contact the Store from which you purchased for refund inquiries.
- We may change Subscription pricing, features, or terms within a reasonable scope, in accordance with the procedure set out in Article 18.
Article 9 (Suspension of the Service)
- We may suspend or interrupt all or part of the Service without prior notice to you in any of the following circumstances:
- When performing maintenance or updates to the Service
- When provision of the Service becomes difficult due to earthquake, lightning, fire, power outage, or other force majeure event
- When a computer or communication line is stopped due to an accident
- When a failure at a subcontractor or another event beyond our reasonable control occurs
- When we otherwise determine that providing the Service has become difficult
- We bear no liability beyond the scope of Article 13 for damage caused to you by a suspension or interruption described above.
Article 10 (Restriction of Use; Account Suspension)
- We may restrict your use of all or part of the Service, or suspend or delete your account, without prior notice, if you:
- Violate any provision of these Terms
- Are found to have registered false information
- Fail to fulfil a payment obligation
- Violate the anti-organized-crime provision in Article 16
- Otherwise engage in conduct that we reasonably determine to be inappropriate use of the Service
- We bear no liability beyond the scope of Article 13 for damage caused to you by the measures described in the preceding paragraph.
- You may delete your own account at any time via the Service's "Settings → Account → Delete Account" feature. Upon account deletion, your User Content on our servers will be deleted in accordance with our Privacy Policy.
Article 11 (Changes to or Discontinuation of the Service)
We may change, add to, or remove features of the Service upon prior notice to you. We may also discontinue all or part of the Service upon reasonable prior notice if we determine it is necessary. In connection with any discontinuation, we will endeavor to notify you in advance and provide reasonable means, such as a data export option, for handling your User Content. We bear no liability beyond the scope of Article 13 for damage caused to you by a change to or discontinuation of the Service.
Article 12 (Disclaimer of Warranties)
- We make no warranty, express or implied, regarding the Service, including as to merchantability, fitness for a particular purpose, non-infringement of third-party rights, accuracy, completeness, reliability, timeliness, or continuity. The Service is provided "AS IS" and "AS AVAILABLE", and you use the Service at your own discretion and risk.
- Flashcards and other output generated by the Automatic Card Import Feature are the result of automated processing and may contain errors, omissions, or inaccurate information. We make no warranty as to the accuracy, completeness, or appropriateness of the output of the Automatic Card Import Feature. You are responsible for reviewing and, where necessary, correcting the output of the Automatic Card Import Feature before relying on it.
Article 13 (Limitation of Liability)
- Except where damage arises from our willful misconduct or gross negligence, our liability for any damage arising in connection with the Service is limited to direct and ordinary damage actually incurred by you.
- Except where arising from our willful misconduct or gross negligence, we are not liable for indirect, special, incidental, or consequential damages, lost profits, or damage arising from the loss or corruption of data.
- Except where arising from our willful misconduct or gross negligence, our total liability in connection with the Service is limited to the total Subscription fees you paid to us in the 12 months preceding the event giving rise to the damage.
- You are responsible for maintaining your own backups of any User Content you create through the Service or store on our servers.
Article 14 (Indemnification)
If your use of the Service or breach of these Terms causes damage (including attorneys' fees) to us or a third party, you shall compensate for such damage at your own expense and responsibility.
Article 15 (Provisions Relating to the Store)
- These Terms are an agreement between you and us, and not with Apple Inc., Google LLC, or any other Store operator. We, not Apple Inc., Google LLC, or any other Store operator, are responsible for the Service and its content.
- If you use the Service through the Store, the applicable Store's terms of service also apply in addition to these Terms. In the event of a conflict between these Terms and a Store's terms of service, the Store's terms of service shall prevail to the extent of the conflict.
- You acknowledge that Apple Inc., Google LLC, and other Store operators are third-party beneficiaries of these Terms and have the right to enforce these Terms against you.
- Your use of the Service is conditioned on your compliance with the applicable Store's terms of service.
Article 16 (Exclusion of Anti-Social Forces)
- You represent and warrant that you are not now, and will not in the future become, a member of an organized crime group (bōryokudan), a member of such a group, a person who ceased to be such a member less than five years ago, an associate member of such a group, a company affiliated with such a group, a corporate racketeer (sōkaiya), a group or individual professing to engage in social campaigns for illegitimate purposes, a group engaging in intellectual crime through organized violence, or any person or entity equivalent to the foregoing (collectively, "Anti-Social Forces"), and that you have no involvement whatsoever with Anti-Social Forces, including any business dealings.
- You warrant that you will not, yourself or through a third party, engage in violent demands, unreasonable demands exceeding legal liability, threatening or violent conduct in connection with a transaction, spreading rumors, using fraudulent means or force to damage our credit or interfere with our business, or any similar conduct.
- If we determine that you have violated any of the preceding paragraphs, we may immediately suspend your use of the Service, delete your account, or take any other necessary measure without prior demand, and we bear no liability whatsoever for any damage caused to you as a result.
Article 17 (Handling of Personal Information)
The handling of your personal information that we collect in connection with the Service is governed by our separately established Privacy Policy. The Privacy Policy forms an integral part of these Terms.
Article 18 (Changes to These Terms)
- On the premise that these Terms constitute standard terms under Article 548-2 of the Civil Code of Japan, we may change these Terms without individual user consent, in accordance with Article 548-4 of the Civil Code, where either of the following applies:
- The change is in the general interest of users; or
- The change does not conflict with the purpose of these Terms, and is reasonable in light of the necessity of the change, the appropriateness of the content after the change, the existence and content of any provision regarding changes to these Terms, and other circumstances relating to the change.
- When changing these Terms, we will determine the effective date of the revised Terms and notify users of the content of the change and its effective date, with reasonable advance notice, by posting within the Service or on our website.
- If you use the Service on or after the effective date of the revised Terms, you are deemed to have agreed to the revised Terms.
Article 19 (Communications and Notices)
Inquiries or other communications or notices from users to us regarding the Service, and notices of changes to these Terms or other communications from us to users, shall be made by the method we designate (display within the Service, posting on our website, sending to your registered email address, etc.).
Article 20 (Governing Law; Jurisdiction)
- These Terms shall be governed by and construed in accordance with the laws of Japan.
- Any dispute arising out of or in connection with the Service or these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance. However, if you qualify as a "consumer" under Japan's Consumer Contract Act, this provision does not preclude you from filing suit in the court having jurisdiction over your place of residence, or in any other court of competent jurisdiction permitted under the Consumer Contract Act or other applicable law.
Article 21 (Severability)
If any provision of these Terms, or any part thereof, is held invalid or unenforceable under applicable law, the remaining provisions of these Terms shall continue in full force and effect. We and you agree to amend the invalid or unenforceable provision to the extent necessary to give effect to its original intent, in a manner that is valid and enforceable.
Article 21-2 (Referral Program)
- To promote use of the Service, we may offer a program (the "Program") under which a user who refers another user obtains the right for both the referrer and the referee to purchase a paid Subscription at a discounted price (the "Referral Benefit").
- The content, conditions of eligibility, and terms of use of the Referral Benefit are displayed within the Service's in-app screens. We may change the content of the Referral Benefit, or suspend or terminate the Program itself, upon prior notice to users (except in urgent cases).
- You must not engage in any of the following. If you do, we may revoke a granted Referral Benefit or restrict your future participation in the Program:
- Making referrals between multiple accounts you control
- Making referrals from multiple accounts using the same Apple ID or Google account
- Making referrals through fraudulent means (automated tools, attempts via multiple IP addresses, etc.)
- Making referrals in exchange for monetary consideration (excluding voluntary word-of-mouth recommendations)
- Any other conduct we reasonably determine to be contrary to the purpose of the Program
- Due to Store restrictions, the Referral Benefit is granted as the right to purchase a specific product ID (a discounted-price SKU). We use information obtained in connection with operating the Program (referral codes, hashed IP addresses, etc.) for the purpose of detecting and preventing fraudulent use. See our Privacy Policy for details.
- Once granted, the Referral Benefit (eligibility to purchase at the discounted price) remains valid indefinitely, except where revoked under the preceding paragraph. Cancelling a Subscription does not forfeit the Referral Benefit, and you may purchase the discounted-price SKU again when you re-subscribe. If you switch between the Pro plan and the Max plan, you may purchase the discounted-price SKU corresponding to the new plan. However, this does not apply if we change the content of the Program, or suspend or terminate the Program, under paragraph 2.
- If you post your referral code or invitation link on social media, a blog, or any other medium accessible to an indefinite number of people, please label the post clearly as promotional in connection with the Referral Benefit (e.g. "PR," "Ad," or "Referral Link"). This labeling is not required for a message sent individually to a specific acquaintance.
Article 22 (Operator Information and Contact)
The Service is provided by the operator below. Please direct inquiries regarding these Terms and the Service to the contact below.
- •Business name: ReTicLab (sole proprietorship)
* Sole proprietorship. The proprietor's name will be disclosed without delay upon request. - •Address: Osaka Ekimae Dai-2 Building 12-12, 1-2-2 Umeda, Kita-ku, Osaka-shi, Osaka 530-0001, Japan
- •Email: [email protected]
- •Form: https://pocovo.retic.me/contact