Terms and Conditions

By using our Spoke (hereinafter referred to as “the service”) which our company, Huddle.inc (hereinafter referred to as “the company”) offers, the users are deemed to agree to the following contents:

Definitions

The terms of use shall be applied for all relations regarding the user and the company, and use of the service.
“The User” concerns all visitors who browse the website of the service, and visitors who register for use.
“The Translator” is the person in charge of translating including third parties such as the outsourcing companies and the individuals etc. for translation work who have already been contracted by the company’s employee or the company.
“The Service” is all services including translation services which are offered in the Spoke.cloud’s domain.
“Translation Documents” includes all original texts for the translation service and all supplementary materials except for the original texts which are provided by clients.
“Translation” is the translation as a result of which translation documents were translated.
“Personal Information” means “personal information” which is prescribed in the Act on the Protection of Personal Information, and is information related to the living individual, and information which can identify the specific individual by their name, date of birth, address, telephone number, contact and any other description which is contained in such information.
“History Information and Property Information” means any other information not prescribed in “personal information” as above, means information contained or used in the service or purchased products, browsed pages, search keywords that the user searches, date and time of use, the way of use, the environment of use, postal code, user’s IP address, Cookie information, location information and so on.

Privacy Information Gathering

The company may ask personal information such as name, address, telephone number, email address and so on at the time of use registration by the user or issuing invoice.
The company may gather the user’s history information and property information when the user uses the service.

Providing to a Third Party

The company shall not provide personal information to a third party without agreement by the user in advance except for the following events. However, it shall be excluded if the event is prescribed in the Act on the Protection of Personal Information and any other laws:

（1）In the event based on laws.
（2）In the event of needing to protect human life, body or property of an individual, however, when there is difficulty to obtain agreement from the individual concerned.
（3）In the event of needing especially to improve public health or to promote the healthy development of children, however, when there is difficulty to obtain agreement from the individual concerned.
（4）When organs of the state or local governments, or any other person entrusted as such need to cooperate towards the performance of affairs which are prescribed in the laws and regulations, however, if there is a possibility to hinder the performance of affairs by obtaining the individual’s agreement.

Notwithstanding the provision of the previous paragraph, the following event shall not concern the third party:
（1）When the company entrusts the whole or partly handling of personal information in the range of necessity to achieve the offering of the service.
（2）When personal information is offered in order to transfer the business due to a merger or any other reason.

Disclosure of Personal Information

When the individual asks for the disclosure of personal information, to an individual, the company shall disclose personal information without any delay. However, in the event of the following event due to the disclosure, there is a possibility not to disclose whole or partly, and when it comes to making a decision not to disclose it, the company shall give notice about it without delay. For the disclosure of personal information, the company may charge 1,000 yen per case as a handling fee:

（1）When there is a possibility to harm the individual or the third party’s human life, body or property or any other rights and profits.
（2）When there is a possibility to seriously hinder the proper execution of the company’s work.
（3）If it violates any other laws.
Notwithstanding the provision of the previous paragraph, for information except personal information such as history information and property information shall not be disclosed in principle.

Correction and Deletion of Personal information

When personal information of the individual which the company holds is found to be wrong information, with the procedure the company prescribed, the user may ask for the correction or deletion of personal information to the company. When the company judges that the company needs to grant the request after receiving the request described in the previous sentence from the user, the company shall correct or delete personal information concerned without delay and shall give notice to the user accordingly.

Suspension of Use etc. of Personal Information

When the individual requested to suspend the use or to delete (hereinafter referred to as “suspension of use etc.”) due to the reason that personal information is handled beyond the range of purpose of use, or the reason that personal information was obtained by an illegal method, the company shall research necessarily without delay, and based on its result, shall execute the suspension of use etc. of personal information, and give notice to the individual accordingly. However, when there is a necessity to spend great expense for suspension of use etc. of personal information, and it has a difficulty to execute any other suspension of use etc., and also if there is an alternative method to protect the individual’s rights and profits, it may take the alternative method accordingly.

Contact information regarding Privacy Policy

Please contact as below:
Address: 3011-46, Kamisu-shi, Ibaraki, Japan
Company name: huddle inc.
Department in charge: Person in charge of Privacy Policy
Email address: info[at mark]n-huddle.com
*Please change [at mark] into @ to contact us.

Registration of Use

The user applies the registration of use by the method of the company prescribed and the registration of use shall be completed by the company’s approval.
When the company judged the following matters in the applicants of registration of use, it may have the possibility not to approve the application of registration of use, and there is a possibility to cancel approval retroactively even though the application of registration of use has been completed. These reason shall not require a duty of disclosure:
(1) When the user submitted untrue matter for the application of registration of use.
(2) When the user who has violated the terms of use reapplies.
(3) Any other reasons, when the company judged that registration of use is inappropriate.

Account Management

The user shall manage the service’s ID and password under their own responsibility.
The user may not transfer or lend their ID and password to a third party under any circumstances. When the company found the combination of ID and password is in accord with the registered information to log in, it’s deemed that the user uses with their own ID registered.

Prohibited Matter

The user shall not act for use of the service as below:

(1) Any acts to violate laws or public order and morality.
(2) Acts related to criminal acts.
(3) Acts to break or hinder the company’s server or the network function.
(4) Possible acts to hinder the administration of company’s service.
(5) Acts to gather or accumulate personal information etc. relative to the other users.
(6) Acts to pretend to be other users.
(7) Acts to provide profits directly or indirectly towards the anti-social forces relative to the company’s service.
(8) Acts to contact the translator regarding the company’s service in the method outside of the service.
(9) Acts to directly contact the translator outside of the company’s service.
(10) Acts to specify the URL and execute a crawling function for servers that do not manage users.
(11) Any other acts which the company judges inappropriate.

Suspension of Offering the Service etc.

When the company judges there are the following matters, without prior notice to the user in advance, the company may stop or suspend offering whole or partially the service.

(1) When there is maintenance to save or update the computer system relative to the service.
(2) When there is force majeure such as earthquakes, lightning, fire, blackout or any other natural disaster, and there is difficulty to offer the service.
(3) When the computer or telecommunication etc. has been stopped due to an accident.
(4) Any other reason when the company judges it is difficult to offer the service.
In the event of occurrence of non-profits or damages for the user or the third party, caused by stopping or the suspension of offering the service, the company however shall not bear any responsibility regardless of the reasons.

Limitation of Use and Deregistration

The company may limit all or part of the service towards the user and deregister the user without prior notice in the following events:

(1) When there is violation of any of the provisions in these terms of use.
(2) When it reveals that there is falsehood in the registered information.
(3) Any other reason, when the company judges the use of the service is inappropriate.
The company shall not bear any responsibility for the damages to the user arising from the act of the company based on the article.

Change of Service Contents etc.

The company may change the service contents without prior notice to the user, or may stop offering the service with 30 days prior notice, and shall not bear any responsibility for the damages arising from this to the user.

Change of Terms of Use

When the company judges that it’s necessary, the company may change the terms of use without prior notice to the user at any time.

Notice or Contact

Regarding notice or contact between the user and the company, it shall be done by the email address which has been registered in the registered account.

Responsibility of Free User

This service includes free features, such as trials and machine translations. The free user shall not delete the backlink to our site included in the final products. In addition, The free user shall agree to be mentioned as users of our services both online and offline.

Prohibition to Transfer Rights and Obligations

The user shall not transfer the contractual status for use or the rights or the obligations based on the terms of use to a third party, or pledge it as a collateral without the prior written consent by the company.

Payment and Refund

The user shall pay the use fee shown in the website as value of use of the service as per the company’s provision separately.

The user shall need to purchase the necessary points for request of translation by means of PayPal payment, credit cards, or bank transfer in advance. However, if the user registered through the part of official agents, within the range of the credit line by the judgement of the agent, may make a deferred payment. The points purchased once may not be refunded for any reasons.

The purchase fee of points changes according to currency exchange or any other reasons. The company may change the purchase fee without notice to the user.

When there is delay of payment of the fee of use by the user who makes a deferred payment, the user shall pay the late payment charge at an annual rate of 14%.

Original Texts and Supplementary Materials for Translation

When the user requests a translation, the user shall bear the responsibility to provide the original text for translation, the documents to explain the necessary background for the translation, reference URL, and any other necessary documents. On the nature of the translation service, for the quality of final result of the translation, it depends on whether the user provides the clear and accurate instructions regarding the translation documents or not.

Trustee Agreement of Translation Request

Since the original texts provided by the user have the possibility of being the contents which are required the high degree of expertise or the originality beyond the translation level which the service defined, at the time of the user required for translation request, the trustee agreement shall not be established between the company and the user yet.

Original Texts may be translated

The service offers human translation with a reasonable price by limitation of translation service in a range of “more than machine translation, less than specialized field”. Regrettably but for the legal contents and their responsibility, or contents relative to human life, safety or health, or the contents of high specialization, or the contents which required the creativity or the originality may not be translated.

Original Texts which may not be translated

If the user requested the translation rather than “Original Texts may be translated” which the service doesn’t provide, it’s deemed to refuse to receive the translation or the rights to correct.

Cancellation

The user shall not cancel a translation request after required once for any reason.

Translation

The quality of the translation shall be equivalent to the quality level which the user has chosen at the time of the translation request and the translation level will be according to the quality of the translation documents.
However, the company shall not guarantee regarding its accuracy, credibility and integrity. Moreover, the service may offer the estimated completion time, however, it shall not fix and promise the completion time. The company shall show it on the dashboard and send by email as a completion report when the translation is completed.

Responsibility of Approver

When the user publishes the translation in general, as the user checks the translation on their own, the user shall agree that the service shall not bear any responsibility regarding the final contents to be published, and the approver of the user shall expressly agree that the company and the service shall not bear any responsibility or obligation.

Approval and Refusal of the Translation

The user shall bear the responsibility to check and approve the translation, or to indicate corrections to the company, within 96 hours after the service sent the complete report of the translation. In the event of the user failing to respond within this period, it will be automatically deemed that the user has approved the translation. When the user indicates its correction, and when it’s judged reasonably that the translation has not fulfilled the quality level at the time of translation request, the company will correspond or respond within 2 working days accordingly. However, due to the nature of the translating work, mistakes in the translation are inevitably occurred. The company will correct the translation and resubmit, however, the responsibility of the service is limited only to correct the mistake in the translation which has been translated. Moreover, when the user requests a translation, the user shall prepare the proper translating period in consideration of the correction period as well.

Outsourcing

In order to provide the service without failure, the company may outsource the translation work etc. to the third party such as an individual or a corporation. The user shall understand that translation documents may be provided to the third party under the condition of the contract equivalent to this agreement in advance.

Confidentiality

The company provides translation documents to the translator as necessary information in order to judge whether the translator accepts the contents of the translation request, or to execute the translation service. When there is confidential information which shall not be disclosed to the translator, under the responsibility of the user, such confidential information shall be deleted prior to the translation request.

Intellectual Property Rights including Copyright

Intellectual property rights regarding the translation, based on the terms of use, shall be transferred to the user when the user has approved the translation.

Indemnity and Amount of Compensation for Damage Reservation

The company provides translation documents to the translator as necessary information in order to judge whether the translator accepts the contents of the translation request, or to execute the translation service. When there is confidential information which shall not be disclosed to the translator, under the responsibility of the user, such confidential information shall be deleted prior to the translation request.

Intellectual Property Rights including Copyright
Intellectual property rights regarding the translation, based on the terms of use, shall be transferred to the user when the user has approved the translation.

Indemnity and Amount of Compensation for Damage Reservation
Unless otherwise in the event of caused intentionally or by gross negligence, the company’s responsibility of failure of performance of liability shall be discharged.

In the event of grammatical mistakes on the structure of HTML on the original texts, there is a possibility the problem occurs by generating automatically by HTML. And it may possibly generate HTML in a different way, depending on languages of the position of the tag of HTML.

The service partly uses the third party made, or the software of open source. If there is a defect arising due to specifications or the change of specifications, or in the event of the status which temporarily cannot be used for the service, those events shall be discharged, and the company shall make best efforts to improve.

In the event of bearing responsibility due to any reasons, for direct damage suffered in reality, the company shall compensate for damage only within contract amount of the individual translation request which is considered as a limitation. The company, however, shall not bear any responsibility for any damage which occurred between the user and the third party.

Our machine translation service has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided “as is.” No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

Governing law and Jurisdiction

For the interpretation of the terms of use, the Law of Japan shall be the governing law. In the event of any disputes arising regarding the service, the court located in the head office shall be agreed to be the exclusive jurisdiction.

May 16, 2016

last update　June 27, 2018