This agreement (hereinafter referred to as the “Agreement”) applies to the interpretation Service “Oyraa” (the “Service”) provided by Oyraa Co. Ltd. (the “Company”) and applies to all Users who use the Service and those who wish to register (both are defined in Article 2). Users should read these Terms carefully before using the Service. Users who do not agree to these Terms may not use this Service.
Article 1 (Application)
- 1 The purpose of these Terms is to set out the terms of provision of the Service and the rights and obligations relationship between the Company and the User regarding the use of the Service, and the purpose of these Terms is to set forth the terms of provision of the Service and the relationship of rights and obligations between the User and the Company (Regardless of the type of device, such as a mobile device, or regardless of the type of website, smartphone application, platform, operating system, etc.).
- 2 If the Company posts individual provisions or additional provisions regarding the Service on the usage screen of the Service (hereinafter referred to as "Individual Additional Regulations") or on the Company's website (defined in the next article), or if the Company sends individual additional provisions to Users by e-mail, those individual additional provisions shall also be included in these Terms. If an individual additional provision conflicts with these Terms, the individual additional provision shall take precedence.
Article 2 (Definition)
- (1) “Company Site”: refers to the website operated by the Company that provides the Service.
- (2) “Registration applicant”: A person who wishes to use this Service.
- (3) “User”: refers to a corporation or individual who is registered as a User of this Service based on Article 4.
- (4) "Client" refers to a User who wishes to use and uses interpretation based on this Service (hereinafter referred to as "interpretation Service").
- (5) “Interpreter” means a professional interpreter, multilingual or bilingual person who provides interpretation Services to clients among Users.
- (6) “Content”: refers to all information (including, but not limited to, text, images, videos, and other data) that Users can access on this Service or our site.
- (7) “User Content”: Content that Users write, record, upload or transmit on the Service.
- (8) “Online Interpretation Service”: A Service that allows clients to receive interpretation by an interpreter by talking to the interpreter through this Service.
- (9) “List Price” means the hourly fee paid by the Client to the Interpreter for online interpretation Services. "
- (10) "Service fee" means the fee charged by the Company to the interpreter for the use of the Service and is calculated at a certain percentage determined by the Company to the applicable list price.
- (11) “Intellectual Property Rights”: All patent rights, utility model rights, trademark rights, design rights, copyrights under any country, state, region, or jurisdiction (Articles 27 and 28 of the Copyright Act). and other intellectual property rights (including the right to apply for those rights and to carry out procedures such as registration, renewal, or extension of those rights).
- (12) "Anti-social forces": Organized crime groups, organized crime group members, persons who have ceased to be members of organized crime groups for less than five years, semi-members of organized crime groups, companies affiliated with organized crime groups, corporate racketeers, social movement thugs, political activity thugs, special intelligence violent groups and other organizations that engage in anti-social activities, or their members.
- (13) “Laws, etc.”: A generic term for laws, cabinet orders, directives, rules, orders, ordinances, guidelines, and other regulations.
Article 3 (Changes to these Terms)
- 1 Our company may change these Terms if we deem it necessary in the following cases.
- (1) When changes to these Terms are in the general interest of Users.
- (2) When a change to these Terms does not contradict the purpose of the contract and is reasonable considering the necessity of the change, the appropriateness of the changed content, the content of the change, and other circumstances related to the change.
- 2 In the case of the preceding paragraph, the Company shall post on the Company's website or the Service that the Terms will be changed, the contents of the changed Terms, and their effective date by a period equivalent to the effective date of the changed Terms. We will notify Users by posting notices or by electromagnetic means such as email.
- 3 In addition to the provisions of the preceding two paragraphs, the Company may change these Terms by obtaining the User's consent in a manner determined by the Company.
Article 4 (Registration)
- 1 Those who wish to register may agree to comply with these Terms and provide certain information specified by the Company (hereinafter referred to as "Registration Information") to the Company in the manner specified by the Company. , you can apply to register as a User.
- 2 Applicants who wish to register must not apply for User registration if any of the following items apply, and if any of the following apply during the valid period of these Terms, they must immediately notify the Company. not. If the Company determines that the applicant falls under or is likely to fall under any of the following items, the Company may refuse the registration without prior or subsequent notice. Please note that our company will not disclose the reason for the refusal of registration.
(1) If this article or other registration requirements established by our company are not met.
(2) If there is any falsehood, error, or omission in all or part of the registered information provided to our company.
(3) If the person is a minor, an adult ward, a person under curatorship, or a person under assistance, and the consent, etc. of a legal representative, guardian, curator, or assistant has not been obtained.
(4) If the person has been or is likely to be convicted of a crime in criminal court proceedings.
(5) If you belong to or have belonged to anti-social forces, or if you have any interaction or involvement with them.
(6) If you have violated a contract or other agreement with our company in the past, or if your registration for this Service or other Services of our company has been refused or canceled, or if you are a related person.
(7) In the event that an act that violates these Terms is carried out or there is a risk of it being carried out.
(8) In other cases where the Company deems the registration inappropriate.
- 3 If a minor registers for this Service, the User registration application must be obtained after obtaining the consent of a legal representative. When a minor applies for registration, it will be deemed that the legal representative has consented to registering for this Service, agreeing to these terms, and concluding this usage agreement. If a User of this site who was a minor at the time of agreeing to these Terms uses this Service after reaching the age of majority, that User will be deemed to have ratified all legal acts related to this Service.
- 4 The Company will, at its discretion, determine whether the applicant can register as a User, and if the Company approves registration, the Company will notify the applicant to that effect. Registration of a person wishing to register will be completed when the Company gives the notification in this section, and at the same time as the registration is completed, the Company shall provide the person wishing to register a User ID and password.
- 5 Upon completion of User registration as described in the preceding paragraph, a Service usage contract (hereinafter referred to as the "Usage Agreement") will be established between the applicant and the Company in accordance with the provisions of this Agreement, and the User shall agree to the terms and conditions of this Agreement. You may use this Service within the scope of the purpose and within the scope of not violating these Terms and in accordance with the method specified by the Company.
- 6 The Company reserves the right to change User IDs or passwords if it is deemed necessary to use the Service or prevent unauthorized use of the Service.
- 7 Users may use their own accounts (hereinafter referred to as "Social media Accounts") on third-party platforms (including, but not limited to, Facebook, X (formerly Twitter), Google, and Apple). You can register for such Services by logging into this Service.
- 8 Users can link their account on the Service with their social media account by any of the following methods.
(1) Providing login information for your social media account to our company through this Service
- 9 The User represents and warrants that he/she has the legitimate authority to disclose the login information of his or her social media account to the Company (Including, but not limited to, use for the purposes set forth in this article.) or to allow the Company to access the said social media account.
- 10 In accordance with the preceding paragraph, the User agrees that the Company may access and use the content held on the User's social media account (hereinafter referred to as "Social Media Content") to make it available on the Service. You agree in advance to the storage of such content. Please note that unless otherwise specified in these Terms, all social media content is considered User Content.
- 11 Depending on the social media account or the personal settings made by the User on the social media account, personally identifiable information posted by the User on the social media account may be viewable on the Service.
- 12 The Company has no obligation to view or monitor social media content for any purpose (Including, but not limited to, accuracy, legality, or non-infringement purposes.) and is not responsible for any social media content.
- 13 The User's account and My Page for this Service are created based on information provided by the User to the Company or obtained by the Company through the User's social media account.
- 14 Users may only register one available social media account.
Article 5 (Service contents etc)
- 1 If an interpreter has registered for an online interpretation Service and is online on this Service, the interpreter may receive a call from a client to the interpreter's mobile phone through this Service, and the interpreter must respond to the call and contact the client. has an obligation to provide Services.
- 2 If a client applies for online interpretation Services through this Service, the Company shall notify the interpreter of all the following information in the manner prescribed by the Company.
(1) Username of the client who applied for use
(2) Link to client's account my page
(3) Whether or not the client provides e-mail address and other information to the Company.
- 3 If the interpreter approves the client's application for use based on the preceding paragraph, the Company will send a message to the interpreter via this Service to the effect that the use has been approved.
- 4 Interpreters shall be solely responsible for their approved usage applications and for the provision of interpretation Services performed through the Platform.
Article 6 (Payment for interpreters)
- 1 After the interpreter completes each interpretation task, the Company will record the proceeds in the interpreter's account after deducting the Service fee and other expenses specified by the Company.
- 2 Interpreters may withdraw their earnings from their account with us at any time and may retain such earnings in their account indefinitely unless they do so.
- 3 Depending on the refund method selected by the interpreter, fees related to third-party payment Services may be charged in connection with the selected refund Service. In that case, the refund will be made after deducting the applicable fee from the refund amount.
- 4 If the interpreter owes the Company any kind of debt based on this Service, the Company will deduct the amount of the debt from the refund amount that the Company should pay to the interpreter, and the Company will deduct the amount of the debt and the Company's debt to the interpreter. This can be offset against the refund obligation.
- 5 In the case of the preceding paragraph, the payment obligation owed by the interpreter to the Company shall be extinguished by the amount deducted by the Company, and any performance obligation of the Company to the interpreter with respect to the deducted amount shall be extinguished.
Article 7 (Payment by client)
- 2 The Client and the Interpreter agree that the Client and the Interpreter are responsible for the contractual obligations set forth in the preceding paragraph, and that the Company is not a party to the contract. You agree in advance that we will not be responsible for any claims, disputes, etc. arising or related to this.
- 3 When the client pays the usage fee for the online interpretation Service to the Company, the client's obligation to pay the fee to the interpreter is extinguished, and the Company shall pay the fee (after deducting the Service fee and related taxes). ) shall be obligated to pay the Interpreter in the manner specified in these Terms.
- 4 The Company shall have the right to perform the following matters on behalf of the interpreter at the Company's discretion.
(1) Obtain prior approval via credit card for payment of the total amount of usage fees related to online interpretation Services.
(2) charge the Client's credit card a minimum amount not exceeding 1 US dollar or similar amount in the currency in which the Client is transacting (e.g. 1 euro, 1 pound, etc.) in order to authorize the client's credit card;
- 5 Clients may be asked to provide information such as name, billing address, credit card information, etc. to the Company or a third party payment institution, and the Client shall agree in advance to such provision.
- 6 The client agrees to pay the fees for the online interpretation Service used in accordance with this agreement to the Company using the method indicated on the Service (PayPal, credit card, etc.).
- 7 The Client agrees that the Company may collect fees by charging the credit card established by the Client, using a third party online payment processor, or any other payment method provided on the Service.
- 8 If the client wishes the interpreter to perform the work beyond the agreed time without the interpreter's consent, the interpreter may terminate the interpreting Services.
- 9 The Client agrees in advance that additional costs will be incurred and will be obligated to pay for the time the Interpreter performs the interpretation work beyond the period agreed upon by the Interpreter for the Client.
- 10 In the case of the preceding paragraph, the Company may charge the client's credit card or other registered payment method for the actual costs and expenses required until the receipt of the additional costs.
Article 8 (Cancellation and refund)
- 1 If a client cancels an approved application for use of an interpreter, fees paid to the Company will not be refunded unless there is intentional or gross negligence on the part of the Company.
- 2 If the Interpreter voluntarily cancels an approved usage application, the Company agrees in advance that the Company may impose penalties, etc. on the Interpreter, including any of the following:
(1) Viewing the list of interpreters whose reservations have been canceled
(2) Making the list of interpreters unavailable or unavailable for canceled reservation dates.
(3) Imposing a cancellation fee (deducting it from the income in the interpreter's account or charging the registered interpreter's credit card, etc.)
- 3 In the event of a User's death, illness, force majeure, etc., the Company may, at its discretion, cancel an approved usage application.
- 4 In the case of cancellation of the usage application based on the preceding paragraph, and if the Company has made a refund to the client, the Company will deduct from the future list price if payment has already been made to the interpreter. The amount equivalent to the refund may be requested from the interpreter by methods such as subtracting the amount equivalent to the refund.
Article 9 (Other matters regarding fees)
- 1 If the User is late in paying fees based on this Service, the User shall pay a late payment fee to the company at the rate of 14.6% per year.
- 2 The Company will charge the amount as a fee, which is calculated according to the percentage separately determined by the Company, according to the User's usage fee for this Service.
- 3 Service fees will be presented to the Interpreter after the Interpreter has finished providing online interpretation Services or at the time the Interpreter approves or rejects the Client's reservation request.
- 4 The Company may use a third party's payment processing Service for payment settlement and information processing related to the use of the Service. The Company shall not be liable for any disputes, claims, lawsuits, infringements of rights, or damages arising out of or related to the use of payment processing Services by third parties.
- 5 Our company prohibits Users from exchanging fees for interpreting Services outside of this Service.
- 6 Conversion of each foreign currency in this Service will be performed based on the foreign exchange rate specified by the Company.
- 7 The Company is not responsible for the exchange rate used for payments or refunds by the credit card issuer, bank, etc. or third-party payment institution set by the User, or for any conversion fees incurred.
Article 10 (User's obligations)
- 2 The User shall guarantee the accuracy of registration information and any other information provided to the Company during the validity period of this User Agreement.
- 3 3If there are any changes to the registered information during the validity period of this User Agreement, the User must notify the Company of such changes without delay using the method prescribed by the Company.
- 4 Users must properly manage and store their passwords and User IDs related to this Service at their own risk, and must not allow third parties to use them, or lend, transfer, change name, buy, or sell them. If the Company confirms that the User ID and password match, the Company will assume that the User registered as the holder of the User ID and password has used this Service, and the User shall acknowledge and agree to this in advance.
- 5 The User is solely responsible for any damage caused by insufficient management of the password or User ID by the User, errors in use, use by a third party, etc., and the Company assumes no responsibility.
- 6 If the User discovers that the password and User ID related to this Service have been stolen or used by a third party, the User shall immediately notify the Company to that effect and follow the instructions from the Company.
- 7 Users shall provide the Company with information that the Company deems necessary for providing the Service or maintenance Services for the Service, upon request by the Company.
Article 11 (Prohibitions)
Users must not engage in the acts set forth below in connection with the use of this Service.
- (1) Acts that violate these Terms
- (2) Acts that violate laws and regulations or are related to criminal acts.
- (3) Fraud or threats against the Company or a third party
- (4) Acts that violate public order and morals
- (5) Acts related to anti-social activities or providing benefits to anti-social forces.
- (6) Acts that infringe on the intellectual property rights, portrait rights, privacy rights, reputation, and other rights or interests of the Company or a third party.
- (7) Acts that slander the Company or a third party.
- (8) Acts of transmitting information that falls under, or that the Company determines to fall under, the following to the Company or other Users:
- a) Information that includes expressions that damage the reputation or trust of our company, other Users, or other third parties.
- b) Information containing violent or cruel expressions.
- c) Information containing obscene expressions.
- d) Information containing expressions that promote discrimination.
- e) Information that includes expressions that encourage suicide, self-harm, etc.
- f) Information that includes expressions that encourage inappropriate use of drugs.
- g) Information containing anti-social expressions Information that requests the dissemination of information to third parties, such as spam and chain letters.
- h) Information that includes illegal solicitation, advertising, etc.
- i) Information containing expressions that may cause discomfort to others.
- j) Information containing computer viruses or other harmful computer programs.
- k) Information for the purpose of proselytizing and religious solicitation.
(9) Acts that place an excessive load on our network or systems, etc.
(10) Acts of illegally accessing or attempting to illegally access our network or systems, etc.
(11) Acts of impersonating a third party, acts of fraudulently displaying the relationship between oneself and another person or organization, acts of concealing or attempting to conceal one's identity.
(12) Acts of using or allowing other Users to use their User IDs and passwords
(13) Acts that cause disadvantage, damage, discomfort, etc. to the Company or a third party.
(14) Acts aimed at meeting unknown third parties
(15) Acts of copying, selling, publishing, or otherwise using information obtained through this Service, unless expressly permitted by these Terms or separately approved by the Company.
(16) Acts that interfere with the operation of this Service or damage the credibility of our company or acts that are likely to do so.
(17) Acts that are useful or considered useful to our competitors
(18) Acts of copying, distributing, or disclosing a part of this Service
(19) Acts of changing, deleting, decompiling, disassembling, or reverse engineering programs related to this Service or our site, or acts of determining the site architecture of our site by using network monitoring or detection software.
(20) Acts that interfere with or damage the consistency or security of the system of this Service or acts that attempt to decipher transmissions to or from the server running this Service.
(21) Uploading invalid data, viruses, worms, or other software agents through the Service.
(22) Acts of collecting or acquiring personally identifiable information (including User IDs) through this Service.
(23) Registering multiple accounts or registering an account on behalf of someone other than the User.
(24) Unless otherwise explicitly approved by the Company, the act of applying for a reservation for interpreting Services even though the client does not actually request work with the interpreter.
(25) Acts in which a client directly contacts an interpreter by any means other than this Service for purposes other than asking questions regarding reservations for the interpreter's interpretation Services.
(26) Acts of an interpreter directly contacting a client by any means other than this Service for purposes other than inquiries regarding reservations or use of the client's Services.
(27) Acts where a client places an order for an interpreter's interpretation Services other than through this Service.
(28) Acts of interpreters placing orders with clients other than through this Service.
(29) Acts of hiring or soliciting interpreters or employees of our company to Services or websites of third parties that compete with our company.
(30) Acts of using the Service for commercial purposes or for the purpose of providing benefits to a third party, unless expressly permitted in these Terms or otherwise approved by the Company.
(31) Acts that directly or indirectly cause or facilitate the acts listed in the preceding items.
(32) Other acts that our company deems inappropriate.
Article 12 (Changes, suspension, and interruption of this Service)
- 1 Our company may change the content of this Service or terminate its provision at our discretion. If the Company terminates the provision of the Service, the Company will notify the User in advance.
- 2 If any of the following apply, the Company may temporarily suspend or suspend the provision of all or part of the Service without prior notice to the User.
(1) When regularly or urgently inspecting or maintaining computer systems related to this Service.
(2) If it becomes difficult to provide this Service due to computer or communication line failure, erroneous operation, excessive concentration of access, unauthorized access, hacking, or other unexpected factors.
(3) If a security problem arises regarding this Service
(4) In the event that the Service cannot be operated due to force majeure such as earthquakes, lightning strikes, fires, wind and flood damage, power outages, natural disasters, and epidemics of diseases and infectious diseases.
(5) If it becomes difficult to legally operate this Service
(6) In other cases where the Company reasonably determines that it is necessary to suspend or interrupt the Service.
- 3 The Company shall not be responsible for any damage caused to the User due to the measures taken by the Company pursuant to this article.
Article 13 (Cancellation)
- 1 The User may cancel this User Agreement by notifying the Company in the manner prescribed by the Company. In this case, the User will no longer be able to use the Service from the time the cancellation stipulated by the Company takes effect.
- 3 Upon cancellation, if the User has any debts owed to the Company, the User will naturally lose the benefit of the deadline and must immediately pay all debts to the Company.
- 4 If the User loses the right to use the Service due to incorrect cancellation procedures or for any other reason, the User will not be able to use the User ID, User Content, or other information accumulated in the Service.
Article 14 (Termination)
- 1 If a User falls under any of the following items, the Company may temporarily restrict the User's use of the Service or terminate this usage agreement without prior notice or demand to the User.
(1) In the event of violation of any provision of these Terms or guaranteed matters (the proviso to Article 541 of the Civil Code does not apply).
(2) If any of the reasons for refusal of registration listed in each item of Article 4, Paragraph 2 apply.
(3) If the client and the interpreter communicate directly or indirectly outside of this Service (in writing, orally, through electromagnetic recording media, or other methods and media of disclosure), unless expressly approved by our company. No question.)
(4) If payments are suspended or become insolvent, or if a petition is filed to commence bankruptcy proceedings, civil rehabilitation proceedings, or similar proceedings.
(5) If the person dies or receives a judgment to start guardianship, curatorship, or assistance.
(6) If there is no response for more than 7 days to inquiries or other communications from our company requesting a response.
(7) In other cases where the Company deems it inappropriate as a User.
- 2 If the User falls under any of the items in the preceding paragraph, the User will naturally lose the benefit of time on all debts owed to the Company and must immediately pay all debts to the Company.
- 3 The Company shall not be responsible for any damage caused to the User due to the measures taken by the Company pursuant to this article and will not refund usage fees for paid Services.
Article 15 (Intellectual Property Rights and User Content)
- 1 All intellectual property rights related to this Service (excluding user content) belong to our company or those who have granted us permission to use it. The conclusion of this User Agreement or the license to use this Service does not mean a license to use intellectual property rights related to this Service.
- 2 The User shall ensure that the User has the legal right to use the User Content through the Service, that the content of the User Content is true and accurate, and that the User Content does not infringe on the rights of any third party.
- 3 Intellectual property rights related to User Content belong to and are reserved to the User or the person who has granted permission to use the User Content. However, the Company may use User Content free of charge within the scope of the purpose of providing the Service to the User.
- 4 You grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, non-transferable, irrevocable, non-exclusive license to use, reproduce, distribute, screen, transmit, distribute, lend, and display your User Content, if it is made publicly available to other users. (including, but not limited to, use, reproduction, distribution, showing, transmission, distribution, lending, and exhibition), and the creation and use of derivative works.
- 5 User agrees not to exercise any moral rights in User Content against the Company, or any person designated by the Company.
Article 16 (Disclaimer and compensation)
- 1 The Company provides the Service on an "as is" basis, and the Company makes no warranty, express or implied, that the Service will be suitable for the user's particular purpose, or that it will be accurate, useful, truthful, merchantable, or fit for purpose as expected by the user, or that it will comply with laws and regulations.
- 2 The Company shall not be liable for any intermittence, delay, monitoring, interception, or other omission of the Service.
- 3 The Company shall not be obligated to store registration information, user contents, or any other information of users.
- 4 The Company shall not be obligated to monitor access to or use of the Service by Users, or to view or edit User Contents.
- 5 Company is not obligated to conduct background or criminal record checks on Users. However, the Company may conduct background or criminal record checks at its sole discretion.
- 6 For improvement of the Service, proper operation, and other purposes designated by the Company, the Company may store, record, and use any and all calls, conversations, chats, messages, and other communications ("Messages, etc.") made through the Service, and the User agrees to such use in advance. In addition, as for Messages, etc., the Company shall be the recipient of the Messages as well as the User, etc.
- 7 The Company shall not be responsible for the management of Services, information, or personal information provided by third parties who are providers of external Services linked to the Service.
- 8 Under no circumstances shall the Company be liable for any damage, loss, or infringement of rights resulting from hacking, tampering, or other unauthorized access to or use of the Service or the User's account as stipulated in this Agreement.
- 9 Users shall handle and resolve any transactions, communications, disputes, etc. with other users or other third parties in connection with the use of the Service at their own expense and responsibility, and we shall not be liable for any such matters.
Article 17 (Privacy・Secret Communication)
- 2 We will protect the confidentiality of user communications in accordance with Article 4 of the Telecommunications Business Law (Law No. 86, 1984) and other applicable laws and regulations.
Article 18 (Contact Address)
Generally, communications and notifications from the Company to the User regarding this Service shall be made through the Service screen or to the e-mail address provided by the User to the Company.
Article 19 (Confidentiality)
- 1 The User acknowledges and agrees that any information disclosed by the Company to the User with a request to be treated confidentially will be treated confidentially unless the Company has given prior written consent.
- 2 If requested by the Company, the User shall, without delay, return or dispose of the confidential information set forth in the preceding paragraph, documents, and other recording media in which such information is written or recorded, and all copies thereof, in accordance with the Company's instructions.
Article 20 (Assignment)
- 1 Users shall not assign, transfer, set collateral, or otherwise dispose of the status under this User Agreement or the rights or obligations based on this User Agreement to a third party without the Company's written consent.
Article 21 (Separability)
If any provision or portion of this Agreement is determined to be invalid or unenforceable under any law or regulation, the remaining provisions or portions of this Agreement shall remain in full force and effect. The Company and the User shall endeavor to modify the invalid or unenforceable provision or portion to the extent necessary to make it legal and enforceable, and to ensure that the intent of the invalid or unenforceable provision or portion and its legal and economic effect are equivalent.
Article 22 (Governing Law and Jurisdiction)
- 2 The Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes arising out of or in connection with these Terms and Conditions or use of the Service.