Terms of Service

These Terms of Service (hereinafter referred to as "these Terms") set forth the conditions for use of MojiOkoshi (hereinafter referred to as "the App" or "the Service"). Users are required to use the Service in accordance with these Terms.

Article 1 (Scope of Application)

These Terms apply to all matters relating to the use of the Service between the user and the operator. Any rules, notices, and other guidelines regarding the use of the Service posted by the operator shall constitute a part of these Terms.

Article 2 (Commencement of Use)

By downloading and installing the App, the user is deemed to have agreed to these Terms, and use of the Service commences.

The operator may refuse use of the Service by a user without prior notice in any of the following cases:

• The user has previously violated these Terms
• Use is difficult due to technical limitations of the Service
• The operator otherwise deems it inappropriate for the user to use the Service

Article 3 (Data Storage and Management)

Audio data recorded and text data transcribed by this App are, in principle, stored only on the user's device. The user shall manage such data appropriately under their own responsibility.

When using High Quality Mode, transcribed text may be sent to external APIs. For details, please refer to the Privacy Policy.

The user shall bear responsibility for any damage arising from inadequate data management or misuse, and the operator shall not be liable for any such damage.

Article 4 (Prohibited Activities)

Users shall not engage in the following activities when using the Service:

4.1 Legal Violations

• Acts that violate laws, regulations, or public order and morals
• Acts related to criminal activities
• Acts that infringe on the privacy of others, such as eavesdropping or unauthorized recording
• Recording and transcribing conversations or audio of third parties without their consent (except as permitted by law)
• Acts that directly or indirectly provide benefits to antisocial forces

4.2 Disruption of Service Operations

• Acts that destroy or interfere with the functionality of the operator's, other users', or third parties' servers or networks
• Acts that may interfere with the operation of the Service
• Unauthorized access or attempts thereof
• Reverse engineering, decompiling, disassembling, or any other acts to circumvent the technical restrictions of the App

4.3 Inappropriate Content

• Recording or transcribing audio containing obscene expressions, sexual assault, child pornography, or child abuse
• Recording or transcribing audio containing excessively violent or cruel expressions
• Recording or transcribing audio containing discriminatory remarks or expressions
• Recording or transcribing for the purpose of harassment, bullying, or threatening others

4.4 Privacy Violations

• Recording and transcribing private conversations of others without their consent
• Unlawfully collecting or accumulating personal information of others
• Disclosing recorded or transcribed content to third parties without the consent of the parties involved

4.5 Intellectual Property Infringement

• Unauthorized recording or transcription of audio content (music, lectures, seminars, etc.) that infringes on copyrights, trademarks, or other intellectual property rights
• Recording or transcribing copyrighted works of others without the permission of the rights holder

4.6 Other

• Commercial use of the Service without prior approval
• Use for the purpose of religious activities or solicitation for religious organizations
• Using the Service for purposes other than its intended use
• Any other acts deemed inappropriate by the operator

Article 5 (Suspension of Service)

The operator may suspend or interrupt all or part of the Service without prior notice to users if the operator determines that any of the following reasons exist:

• Maintenance or updating of the computer system related to the Service
• Provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters
• Computers or communication lines are stopped due to an accident
• External API services (such as speech recognition services) are suspended or restricted
• The operator otherwise determines that provision of the Service is difficult

The operator shall not be liable for any disadvantage or damage suffered by the user or any third party due to the suspension or interruption of the Service.

Article 6 (Usage Restrictions)

The operator may restrict all or part of a user's use of the Service without prior notice if the user falls under any of the following:

• Violation of any provision of these Terms
• Failure to respond to communications from the operator within a certain period
• Determination that the user is using the Service through fraudulent means
• The operator otherwise determines that use of the Service is inappropriate

The operator shall not be liable for any damage caused to the user as a result of actions taken under this article.

Article 7 (Deletion of Data)

Users can individually delete recording data and transcription data from the history screen within the App. Additionally, uninstalling the App will delete all data stored on the device.

If you wish to request deletion of data held by the operator, please contact us at support@butterfalcon.com.

The handling of data after deletion shall be as set forth in the Privacy Policy.

Article 8 (Disclaimer of Warranties and Limitation of Liability)

The operator makes no express or implied warranties that the Service is free from defects (including defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors, bugs, infringement of rights, etc.).

8.1 Transcription Accuracy

The operator makes no guarantees regarding the accuracy or precision of transcriptions produced by the Service. Due to the nature of speech recognition technology, the following limitations apply:

• Transcription accuracy may decrease depending on audio quality, speaker pronunciation, speaking speed, dialects, technical terminology, etc.
• Accurate transcription may not be possible due to background noise, simultaneous speech by multiple speakers, etc.
• Proper nouns, technical terms, foreign words, etc. may not be recognized correctly
• Homophones may not be distinguished correctly

8.2 Limitation of Liability

The operator shall not be liable for any damage caused to the user arising from the Service, except in cases of intentional or gross negligence on the part of the operator.

The operator shall not be liable for any transactions, communications, or disputes arising between the user and other users or third parties in connection with the Service (including, but not limited to, damages arising from the use of recorded or transcribed content).

In particular, the content of recorded audio and transcribed text shall be managed under the user's responsibility, and the operator shall have no involvement in or liability for such content.

Users are responsible for reviewing transcription results and making corrections as necessary before using them for important purposes.

Article 9 (Changes to Service Content)

The operator may change the content of the Service or terminate provision of the Service with prior notice to users. In the case of significant changes, prior notice will be given within a reasonable period.

Access to data stored on the device may become difficult due to the termination of the Service. Users are responsible for backing up their data in advance as necessary.

Article 10 (Changes to Terms of Service)

The operator may change these Terms without the individual consent of users in the following cases:

• The changes to these Terms are in the general interest of users
• The changes to these Terms are not contrary to the purpose of the service agreement and are reasonable in light of the necessity of the changes, the appropriateness of the revised content, and other circumstances related to the changes

When changing these Terms, the operator shall notify users of the changes, the content of the revised Terms, and the effective date by in-app display or other appropriate means within a reasonable period before the effective date.

Article 11 (Handling of Personal Information)

The operator shall handle personal information obtained through the use of the Service appropriately in accordance with the operator's Privacy Policy.

Article 12 (Intellectual Property Rights)

All intellectual property rights related to the Service belong to the operator or those who have licensed the operator. The license to use the Service under these Terms does not constitute a license to use the intellectual property rights of the operator or its licensors.

Users shall not engage in any acts that infringe on the intellectual property rights held by the operator or other users through the Service.

The intellectual property rights of content recorded and transcribed by users using the Service belong to the rights holder of the original audio content. Users are responsible for ensuring they do not infringe on such rights.

Article 13 (Subscriptions)

13.1 Subscription Details

The Service offers a paid subscription plan (hereinafter referred to as the "Pro Plan"). Details of the Pro Plan (features, pricing, duration, etc.) are as displayed within the App.

13.2 Auto-Renewal

The Pro Plan is an auto-renewing subscription. Unless auto-renewal is turned off at least 24 hours before the end of the subscription period, it will automatically renew.

Auto-renewal management and cancellation can be done through the App Store settings.

13.3 Payment

Subscription fees are charged to your Apple ID account upon confirmation of purchase. For auto-renewals, charges will be applied up to 24 hours before the end of the current period.

13.4 Cancellation and Refunds

Subscriptions can be cancelled at any time through the App Store settings. However, refunds for fees already paid are subject to Apple's refund policy.

If you cancel your subscription, you can continue to use Pro Plan features until the end of the current billing period.

13.5 Free Trial

If a free trial period is available for the Pro Plan, you can use the Pro Plan features for free during the trial period. After the free trial period ends, the subscription will automatically begin and fees will be charged.

If you cancel during the free trial period, no charges will be applied.

Article 14 (Notices and Communications)

Notices or communications between users and the operator shall be made by the method determined by the operator. If the operator sends a notice through in-app notifications, push notifications, or to the contact information specified in these Terms, it shall be deemed to have reached the user.

Article 15 (Prohibition of Assignment of Rights and Obligations)

Users may not assign their position under the service agreement or any rights or obligations under these Terms to any third party, or provide them as collateral, without the prior written consent of the operator.

Article 16 (Business Transfer)

In the event that the operator transfers the business related to the Service to another company, the operator may transfer the user's position under the service agreement, rights and obligations under these Terms, and user registration information and other data to the transferee, and the user hereby consents to such transfer in advance.

Article 17 (Severability)

If any provision or part thereof of these Terms is held to be invalid or unenforceable, such determination shall not affect the other provisions, and the remaining provisions of these Terms shall remain in full force and effect.

Article 18 (Governing Law and Jurisdiction)

These Terms shall be governed by and construed in accordance with the laws of Japan.

In the event of any dispute arising in connection with the Service, the Tokyo District Court shall have exclusive agreed jurisdiction.

Article 19 (Contact Information)

For inquiries regarding these Terms, please contact us at the following:

Contact: support@butterfalcon.com
Operator: ButterFalcon