Terms of Service

Last Updated: December, 11, 2022

Article 1. Scope

1. The purpose of the Terms is to set forth the terms and conditions for the provision of the Service and the rights and obligations between the Company (as defined below) and the Users (as defined below), and the Terms shall be applied to all aspects of the relationship between the Users and the Company in connection with the Service.
2. Any rules for use of the Service in the Settings page (the "Rules") shall constitute an integral part of the Terms.
3. If there is any conflict between the Terms and the Rules or any other description regarding the Service not provided for herein, the Terms shall prevail.

Article 2. Definitions

1. "Service Agreement" means the agreement relating to the use of the Service to be executed under the terms and conditions of the Terms between the Company and the User.
2. "IP Rights" means copyrights, patents, utility model rights, design rights, trade mark rights and other intellectual property rights (including rights to obtain, or apply for registration of, such rights).
3. "Posted Data" means any content, including but not limited to text, images, animation and other data, that is posted or otherwise transmitted by the User through the Service.
4. "Company" means zoome LLC.
5. "Website" means such website as may be from time to time operated by the Company, whose domain name is "honorific.app" or "敬語.jp" or "敬語翻訳.jp" (or if the domain name or content thereof is modified for any reasons, such modified website).
6. "User" means any person or entity using the Service.
7. "Service" means the service provided by the Company under the name of "Honorific Converter" or "敬語翻訳" or "敬语转换" or "敬語轉換" (or if the name or content thereof is modified for any reasons, such modified service).

Article 3. Fees and Payment Conditions

1. In consideration for the use of the Service, the User shall pay to the Company the fees as prescribed separately by the Company and indicated on the Service, pursuant to the payment conditions as designated by the Company.
   However, this does not apply if the use is within the scope of no fees as determined by the Company.
2. If the User fails to pay the aforementioned fees when due and payable, it shall be obligated to pay a default penalty at the rate of 14.6% per annum.

Article 4. Prohibited Actions

1. acts that violate any laws or regulations or that are associated with criminal activity;
2. acts that defraud or threaten the Company, other Users or other third parties;
3. acts against public order and good morals;
4. acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or interests of the Company, other Users or other third parties;
5. acts to transmit through the Service to other Users any information or data that falls under, or is determined by the Company to fall under, the information or data that:
• contains excessively violent or cruel content;
• contains computer viruses or other hazardous computer programs;
• contains content that damages the reputation or the credit of the Company, other users of the Service or other third parties;
• contains excessively indecent content;
• contains content that encourages discrimination;
• contains content that encourages suicide or self-mutilation;
• contains content that encourages drug abuse;
• contains antisocial content;
• is intended to be distributed to third parties, including but not limited to chain mails; or
• contains content that causes uncomfortable feelings to third parties.
6. acts that place an excessive burden on the network or system of the Service;
7. acts to reverse-engineer or otherwise analyze the software or other systems provided by the Company;
8. acts that are likely to interrupt the operation of the Service;
9. acts to access the network or system of the Company improperly;
10. acts to impersonate a third party;
11. acts to use the user ID or password of other users of the Service;
12. acts of exploitation, advertisement, soliciting or marketing through the Service without the Company's prior consent;
13. acts to collect information of other users of the Service;
14. acts that cause disadvantage, damage or uncomfortable feelings to other users of the Service or other third parties;
15. acts that violate the Rules;
16. acts to provide Antisocial Forces with profit;
17. acts that are intended to meet unacquainted persons of the opposite sex;
18. acts that, directly or indirectly, cause or facilitate the acts listed in Items 1. through 17. above;
19. attempting to conduct any of the acts listed in Items 1. through 18. above; or
20. other acts that the Company deems to be inappropriate.

Article 5. Suspension of Service

1. Inspection or maintenance of the computer system for the Service needs to be performed due to urgent circumstances;
2. The Company becomes unable to provide the Service due to error in computers or communication lines, wrong operation, excessively concentrated access, unauthorized access, hacking or the like;
3. The Company becomes unable to provide the Service due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or
4. The Company determines that suspension or discontinuance is required for other reasons.

Article 6. Ownership of Rights

1. Any and all IP Rights related to the Website and the Service are expressly reserved by the Company or its licensor. Nothing contained herein shall be construed as granting to the User a license of the IP Rights related to the Website and the Service owned by the Company or its licensor.
2. The User hereby represents and warrants to the Company that it has lawful rights to post or otherwise transmit the Posted Data, and that the Posted Data so posted or transmitted does not infringe any third party's rights.
3. The User hereby grants to the Company a worldwide, non-exclusive, royalty-free, sublicensable and transferrable license to use, reproduce, distribute, create derivative works of, display and execute the Posted Data. In addition, the User hereby grants to the other Users a non-exclusive license to use, reproduce, distribute, create derivative works of, display and execute the Posted Data posted or otherwise transmitted by the User through the Service.
4. The User hereby agrees not to exercise moral rights against the Company or any other person to which the Company has transferred or granted the relevant rights.

Article 7. Modification and Termination of Service

1. The Company shall be entitled to at any time modify or terminate the Service in its own discretion.
2. The Company shall notify in advance the User of any intended termination by the Company of the Service.

Article 8. Disclaimer and Waiver of Warranties

1. THE COMPANY MAKES DOES NOT MAKE WARRANTIES, EXPRESS OR IMPLIED, (i) that the Service fits or is suitable for a particular purpose contemplated by the User, (ii) that the Service has expected functions, commercial value, accuracy or usefulness, (iii) that the use by the User of the Service complies with the laws and regulations or internal rules of industrial organizations that are applicable to the User, or (iv) that the Service will be free of interruption or defects.
2. The Company shall not be liable for the damages incurred by the User in relation to the Service in excess of the amount of the consideration paid by the User to the Company for the immediately preceding [12 months]. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR FUTURE DAMAGES, OR LOST PROFITS.
3. Any transactions, communications and disputes arising between the User and other Users or a third party in connection with the Service or the Website shall be addressed and resolved by the User at its responsibility.

Article 9. Confidentiality

Article 10. Treatment of User Information

1. Treatment by the Company of the User's information shall be subject to the provisions of our Privacy Policy (URL: https://honorific.app/en/privacy_policy.html), which is separately prescribed, and the User hereby agrees to treatment by the Company of the User's information pursuant to such Privacy Policy.
2. The Company may, in its sole discretion, use or make public any information or data provided by the User to the Company as statistical information in a form that cannot identify an individual, and the User may not raise any objection to such use or publication.

Article 11. Amendment

Article 12. Notice

1. Any communications or notices from the User to the Company, including but not limited to inquiries with respect to the Service, and any communications or notices from the Company to the User, including but not limited to notices concerning any amendment to the Terms shall be made in accordance with the procedures specified by the Company.
2. Any communication or notice made by the Company that is addressed to the e-mail address included in the Registration Information of a User shall be deemed to be received by the User.

Article 13. Assignment

1. The User shall not assign, transfer, grant security interests on or otherwise dispose of the Service Agreement or its rights or obligations under the Terms without the prior written consent of the Company.
2. In cases where the Company transfers the business regarding the Service to a third party, the Company may, as part of such transfer, assign to the third party the Service Agreement, the rights and obligations of the Company under the Terms, and the Registration Information and other information relating to the User, and the User hereby agrees to such transfer in advance. The business transfer referred to above in this Paragraph shall include, in addition to the usual form of business transfer, a company split or any other form that would result in a business transfer.

Article 14. Severability

Article 15. Governing Law and Jurisdiction

1. The Terms shall be governed by the laws of Japan without regard to conflict of laws principles.
2. Any and all disputes arising out of or in connection with the Terms or the Service Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court of Japan in the first instance.

End.