Terms of Service

Article 1 (Scope and agreement)

• These Terms set out the conditions for using Livingual (the "Service") provided by Gajeroll LLC ("we" or "us").
• You use the Service on the condition that you agree to these Terms. You are deemed to have agreed when you register an account or order the venue plan. We also ask for your agreement on the checkout page.
• How we handle personal information is described in the Privacy Policy, and the terms of sale in the Commercial Disclosure.

Article 2 (The Service)

• The Service transcribes speech captured from a microphone or other input in real time in a browser on a computer at your venue, translates it and shows it on screen, as captions or as an overlay for streaming software.
• Audio is sent to our processing providers for transcription and translation (Privacy Policy, section 3). We do not store audio, transcripts or translations.
• Using the Service requires an internet connection and a browser listed under "System requirements" in the Commercial Disclosure.

Article 3 (Accounts)

• You register an account with an email address and password, or with a Google account.
• You are responsible for managing your account. Purchases and use made through your account are deemed to be made by you.

Article 4 (Plans)

• Free plan: free of charge within the limits shown in the app (length of each run, runs per day and concurrent sessions).
• Venue plan: on each purchased date (Japan time) you can run transcription without a time limit, up to the purchased number of tracks at the same time. A track is one session you can run at the same time on a given day (one venue or room).
• With your first purchase only, you can choose one free rehearsal day that does not overlap the purchased dates. It gets the highest track count in that purchase.

Article 5 (Prices and payment)

• The venue plan costs ¥4,000 per track per day, tax included. You pay the sum of tracks across your dates multiplied by ¥4,000 (tax included).
• Payment is made in advance when you order. Payments are processed by Stripe; we never receive your card number.
• We may change prices. New prices apply to orders placed after the change; dates already purchased are not affected.
• We are not registered as a Qualified Invoice Issuer under the Japanese consumption tax system and do not issue qualified invoices.

Article 6 (Cancellations and refunds)

• You can cancel per date from the reservation list in Settings. Dates and track counts cannot be changed; cancel and purchase again instead.
• Cancelling up to the day before a date refunds that date in full. Cancelling on the date itself is not refunded (100% cancellation fee). Past dates cannot be cancelled.
• "The day before" and "the date itself" are decided by the calendar date in Japan time (UTC+9).
• Rehearsal days are free, so cancelling one refunds nothing.
• If we cannot provide the Service on a purchased date for reasons attributable to us, we refund that date when you contact us.
• Refunds go back to the original payment method. Except as set out above, we do not give refunds.

Article 7 (Nature of transcription and translation)

• Transcription and translation are automated machine processing. Misrecognition, mistranslation, omissions and delays can occur, and we do not guarantee accuracy or completeness.
• Where an error could have serious consequences (for example medical, legal or safety information), do not rely on the Service alone; use human checking as well.
• You are responsible for the venue equipment, network and browser settings. We recommend checking that everything works with the free plan before purchasing.

Article 8 (Your responsibilities)

• You obtain any permission needed from speakers and other rights holders for the audio you put into the Service.
• Where appropriate, let speakers and attendees know that audio is sent to external processing providers for transcription and translation.
• You are responsible for how you use transcripts and translations (recording, streaming, publishing, etc.).

Article 9 (Prohibited conduct)

You must not:

• Violate laws or public order and morals
• Infringe copyrights, portrait rights, privacy or other rights of third parties
• Interfere with the operation of the Service, access it without authorization or place excessive load on it
• Circumvent usage limits (free plan limits, purchased track counts, etc.) by improper means
• Use the Service while impersonating someone else

Article 10 (Suspension)

• We may suspend all or part of the Service for you if you breach these Terms, or if urgently needed to prevent harm to third parties or the Service.
• We notify you of the reason at your registered email address before suspending, or after suspending when it is urgent.

Article 11 (Changes, interruption and termination)

• We may change the content of the Service.
• We may interrupt the Service for maintenance, failures, circumstances of carriers or processing providers, force majeure or similar reasons.
• If we end the Service, we will notify you at least 30 days before the end date and refund in full all purchased dates on or after the end date.

Article 12 (Disclaimer and limitation of liability)

• We take reasonable care in providing the Service, but it may be unavailable due to network failures, force majeure or similar causes.
• If our breach of obligation or tort causes you damage, we will compensate you. However, where the damage is caused by our simple negligence (negligence other than intent or gross negligence), compensation is limited to the amount you paid us for the date(s) that gave rise to the damage.
• The limitation above does not apply where the Consumer Contract Act or other mandatory laws do not permit our liability to be limited.

Article 13 (Changes to these Terms)

• We may change these Terms where the change is in your general interest, or where it does not conflict with the purpose of the contract and is reasonable in light of the need for the change, the appropriateness of the new content and other circumstances.
• When changing these Terms we set an effective date and post the change, the new content and the effective date on this page before the effective date. Changes unfavorable to you are posted, and notified to your registered email address, at least 30 days before the effective date.

Article 14 (Governing law and jurisdiction)

These Terms are governed by the laws of Japan. The Tokyo District Court has exclusive jurisdiction in the first instance over any dispute relating to the Service.

Article 15 (Contact)

Gajeroll LLC (合同会社ガジェロール) — corporate@gajeroll.com — Contact form

Language

These Terms are a translation of the Japanese original. If the two differ, the Japanese version prevails.