This English version of the Terms of Service is prepared for convenience only. In the event of any discrepancy between the Japanese and English versions, the Japanese version shall prevail.
Last Modified: July 28, 2017
The following terms of service (the “Terms”) are between you and Cerevo, Inc. (“we”,“our” or “Cerevo”) and constitute a legal agreement that governs your access to and use of Cerevo websites, application and services (the “Services”) related to Moving, Talking and Synchronizing Smart Toy, 1/8 Tachikoma (the “Device”). You must agree to these Terms before you can use the Services. If you do not agree to any of the following terms, please do not use the Services. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Cerevo and are not barred under any applicable laws from doing so.
Definition of Terms
The following, used in these Terms, shall have the meanings specified below.
- “Audio data” means audio information entered into the service by you.
- “Text data” means text data converted from audio data, or input by keyboard etc.
- “Content” means voice, text, sentences, images, moving images and other data.
- “Parallelized data” means descriptive text about objects that you have entered using the parallelization function of this service.
Changing the Service
Cerevo reserves the right to stop, suspend, or modify the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, without prior notice to you. It is your responsibility to review our website and/or check your email for any such notices. You agree that Cerevo shall not be liable to you or any third party for any modification or cessation of the Service.
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You alone, not Cerevo, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service. You alone, and not Cerevo, are responsible for maintaining and protecting all of your data. Cerevo will not be liable for any loss or corruption of your data, or for any costs or expenses associated with backing up or restoring any of your data.
You are responsible for safeguarding the account transfer code and you agree not to disclose your account transfer code to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Cerevo of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Cerevo, it is your responsibility to use a secure encrypted connection to communicate with the Services.
You agree that your account to access the services is non-transferable. You must not buy, sell, transfer or mortgage your account to access the services and any rights stated in these Terms. This does not apply to the Device, however a Device which has completed initial setup is registered to your account ID. When transferring the Device to another party, please delete the registration data your account and perform a factory reset on your Device.
Acceptable Use Policy
You agree not to misuse the services.
You agree that you will NOT attempt to use the Service to:
- upload, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- stalk, harass, threaten or harm another;
- engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
- upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
- interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
- plan or engage in any illegal activity; and/or
- gather and store personal information on any other users of the Service to be used in connection with any of the mentioned prohibited activities.
- probe, scan, or test the vulnerability of any system or network.
Our website and all intellectual property rights relating to this service belong to us or third parties licensed to us. Permission to use the Service under these Terms does not mean that you are granted use the intellectual property or any third party licensed to us concerning our website or the Service.
You express and warrant to us the fact that you have legitimate rights to enter Parallelization data and that Parallelization data does not infringe the rights of third parties. You grant us a license for worldwide, non-exclusive, free, sublicensable and assignable use, reproduction, distribution, creation, display and speech reading of the Parallelization data. You agree that you will not exercise the moral rights of the author against us and any person who succeeded or authorized the rights from us.
We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
The Services are Available on an “AS-IS” basis
THE SERVICES, CONTENTS, SITE AND SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Cerevo will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some regions do not allow the types of disclaimers in this paragraph, so they may not apply to you.
i. Information you provide
- Name, user name or nickname
- Audio data collected by the Device
- Image data acquired with the Device or the application
- Text data entered in the application
- When you grant location information permission to the application, information about your location
- When you allow the application to connect with an external service, information provided from the external service
- IDs that you use for the external service
- Information that you have permitted to disclose to connected services by the privacy setting of the external service
ii. Purpose of collecting information
- Name, user name or nickname
- Used for display in the application.
- Information about your location
- Information about your location is used to provide weather forecast functions. To access the weather forecast for countries other than Japan, we will send location information to the OpenWeatherMap API and get weather forecast information. When reading out the weather forecast in Japan, weather forecast information is acquired based on your location, using the data provided by the Japan Meteorological Agency on servers managed by us.
- Audio data
- We use the speech to text conversion API to convert the audio data collected by the Device to text data. It may be saved in our server for use with some other functions.
- Image data
- We use an image recognition API to convert image data acquired by the Device or the application to text data.
- Text data
- Based on text data of audio data collected by the Device and text data entered in the application, response sentences are generated using a natural language dialog API. When searching is necessary for generation of response sentences, we will send keywords to Google Custom Search JSON / Atom API and search the internet. To read the weather forecast for countries other than Japan, we will send the place name to the OpenWeatherMap API and weather forecast information will be obtained. To read out the weather forecast in Japan, weather forecast information is acquired based on the place name in the server managed by us using the Meteorological Agency Disaster Information XML format. The text data converted from audio data or image data collected by the Device and the text data entered in the application can be used for the following purposes after statistical procedures so that individuals can not be identified: (i) To provide and improve the Service, (ii) to manage your use of the service, (iii) to investigate and analyze your needs and concerns, (iv) to personalize and improve your experience, (v) for user support such as providing updates.
- Information provided from the external service (Google Account)
- We collect only the minimum information (account ID and access token) necessary for displaying in the application and using the Google Calendar API by your operation on the application. We use Google Calendar API for providing the schedule reading function.
iii. External Access, Third Party Modules
Speech to Text Conversion API
We use the Google Cloud Platform Cloud Speech API from Google Inc. for speech to text conversion.
- Cloud Speech API: https://cloud.google.com/speech/
We use the Google Cloud Platform Cloud Translation API from Google Inc. for English / Japanese translation of text data.
- Cloud Translation API: https://cloud.google.com/translate/
Image Recognition API
We use the Microsoft Cognitive Services Computer Vision API for image recognition.
- Computer Vision API: https://azure.microsoft.com/ja-jp/services/cognitive-services/computer-vision/
Natural Language Dialog API
We use the Jetrun Technology Corporation TrueTALK API and Speaktoit, Inc. API.AI for natural language dialogue.
Google Calendar API
We use the Google Calendar API for the schedule reading function.
- Google Calendar API: https://developers.google.com/google-apps/calendar/
Google Custom Search JSON/Atom API
We use the Google Custom Search JSON / Atom API for the search function.
- Custom Search JSON/Atom API: https://developers.google.com/custom-search/json-api/v1/overview
Open Weather Map API
We use the OpenWeatherMap API to read the weather forecasts of countries other than Japan.
- OpenWeatherMap API: https://openweathermap.org/api
Japan Meteorological Agency Disaster Prevention Information XML Format
We use Japan Meteorological Agency disaster prevention information XML format to read Japanese weather forecasts.
- Weather data highly utilized portal site: http://www.data.jma.go.jp/developer/index.html
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CEREVO, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CEREVO HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of Japan and other countries. You agree to comply with all applicable export and import laws and regulations. This assurance and commitment shall survive termination of this Agreement.
Modifications of the Terms
Cerevo may update or change these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. Other changes may be posted to the terms page. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Governing Law and Court of Jurisdiction
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY JAPANESE LAW EXCEPT FOR CONFLICT OF LAWS. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE TOKYO DISTRICT COURT, AND BOTH PARTIES CONSENT TO ITS VENUE AND PERSONAL JURISDICTION. These Terms constitute the entire and exclusive agreement between you and Cerevo with respect to the Services, and supersede and replace any other agreements or terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Cerevo’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Cerevo may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Cerevo and you are not legal partners or agents; instead, our relationship is that of independent contractors.