Terms of Service

These terms of service (hereinafter “these Terms”) set out the conditions for using the mobile application “CardTalk” (hereinafter “the App”), provided by mediaquery.info (represented by Tomoaki Tsuchiya, hereinafter “we” or “us”). By installing or using the App, you are taken to have agreed to these Terms.

Article 1 (Scope)

1. These Terms apply to every aspect of the relationship between us and the user concerning the use of the App.
2. The handling of personal information and similar data is governed by our separate Privacy Policy.
3. The terms of service of the App Store or Google Play apply in addition, to obtaining the App and to purchases.

Article 2 (Purpose of the App)

1. The App helps people who find it hard to speak to convey what they want to say by touching cards.
2. The App is not a medical device. It is not intended to diagnose, treat or prevent any condition, and it is not a substitute for the advice or support of a physician, a speech-language pathologist or any other professional.

Article 3 (Licence)

1. Subject to your compliance with these Terms, we grant you a non-transferable, non-exclusive right to use the App.
2. Besides use at home, we welcome its use for support in schools, developmental support facilities, medical institutions and similar settings. The App must, however, be obtained for each device in accordance with the terms of the relevant store.
3. The App itself may not be redistributed, sold or lent.

Article 4 (Intellectual property)

1. Intellectual property rights in the App, and in the illustrations, audio, text and other material included in it (hereinafter “the included material”), belong to us or to the third parties who license it to us.
2. Rights in the cards a user creates (photographs, recorded audio and text entered) belong to that user.
3. The included material may not be taken out of the App to be used, copied or distributed. This does not restrict ordinary use through the App’s own features, such as displaying it on screen or backing it up, nor the publication of screenshots for the purpose of introducing the App.

Article 5 (Fees and payment)

1. The App is free to start using. The feature that removes the limit on the number of cards you make yourself is offered as a one-time in-app purchase. It is not a subscription.
2. Payment is handled through the App Store or Google Play. Refunds are governed by the policy of the relevant store.
3. What you have purchased can be restored with “Restore purchases” when you change devices or reinstall, provided you use the same store account.
4. Prices may change in future. Such a change does not affect anything purchased before it.

Article 6 (Prohibited conduct)

Users must not do any of the following.

• Reverse engineer, decompile or disassemble the App, except where the law permits it
• Extract, redistribute or sell the included material, or otherwise use it contrary to Article 4
• Circumvent the limit on the number of requests to the speech generation feature, gain unauthorised access to our servers, or place an excessive load on them
• Act contrary to law or public order and morals, or infringe the rights of a third party

Article 7 (Points to note in use)

1. The App may become unusable if the device fails, is lost, or runs out of battery. Please do not rely on the App alone for emergency contact, or for communication on which life or physical safety depends. We recommend using it alongside other means, such as paper cards.
2. The cards you create are stored on the device. We recommend saving them regularly with the backup feature, in case the device fails or is lost.
3. Generating audio automatically requires a connection. Where there is none, the App may fall back on the speech built into the device.

Article 8 (Changes to, suspension of, and discontinuation of the service)

1. We may change what the App offers, or discontinue it, on prior notice to users. Where the matter is urgent and unavoidable, notice may follow rather than precede the change.
2. Features that use a connection, such as generating audio automatically, may be temporarily unavailable because of server maintenance or a fault.
3. Features that are complete on the device, such as displaying, speaking and editing cards, are designed to keep working on a device where the App is installed, whatever the state of the server.

Article 9 (Disclaimer and limitation of liability)

1. We do not warrant that the App is fit for any particular purpose of the user, that it will produce the results the user expects, or that it will be free of interruption or defect.
2. Except where we have acted intentionally or with gross negligence, our liability for damage caused to a user in connection with the use of the App is limited to ordinary and direct damage actually suffered by that user as a result of our non-performance or tort, and is capped at the amount that user has paid us in respect of the App.
3. The preceding paragraph does not affect the application of the Consumer Contract Act of Japan or any other mandatory provision of law.

Article 10 (Changes to these Terms)

1. Under Article 548-4 of the Civil Code of Japan, we may change these Terms where the change is in the general interest of users, or where the need for the change and its reasonableness are recognised.
2. Where we make a change we will set a date on which it takes effect, and will announce the changed content and that date in advance on this website or within the App.

Article 11 (Severability)

If any provision of these Terms is held invalid or unenforceable under the law, the remaining provisions remain in full force.

Article 12 (Governing law and jurisdiction)

1. These Terms are governed by, and construed in accordance with, the law of Japan.
2. Should a dispute arise between us and a user concerning the App, the Tokyo District Court shall have exclusive jurisdiction in the first instance.

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