Pocketalk Terms of Use (Common)

Pocketalk Terms of Use

The POCKETALK Terms of Use (Common) (the “TOU”) set forth the matters common to an agreement between POCKETALK CORPORATION (“POCKETALK” or “us”) and the purchaser and/or user of the Service defined in Section 1.2 (“you” or “Customer”) (“Agreement”) and constitutes a part of said Agreement.

The TOU applies in addition to other Terms of Use that apply to other individual Services described in the whitepapers, websites, plan explanations or equivalent documents provided by POCKETALK (“Individual Terms”—collectively, such Individual Terms and the TOU are referred to as “Terms”). The Individual Terms may vary depending on the Service. In the event of any discrepancy between the TOU and the Individual Terms, the Individual Terms shall prevail.

Please read the TOU before using the Service (including purchase, rental or use of the Device) or creating an account with respect to the Service. You may be required to create an account and agree to the TOU in order to use the Service. If you do not agree to the TOU, you are not permitted to use the Service.

By registering for an account or by using the Service, you shall be deemed to have agreed to these Terms.

POCKETALK may provide updates to the Service or Software automatically or manually without prior notice to you. The updated Service or Software shall also be subject to the TOU.

1. Definitions

“Device” means the device and equipment of POCKETALK products that you use and includes accessories for any such device.
“Service” means each POCKETALK product or each POCKETALK service described in the Individual Terms, which is the provision of digital content, software, service provided to you by POCKETALK and purchase and rental of the Device with respect to the translation function.
“Software” means all software (excluding software which is intended to be run on the Device) provided by POCKETALK in order to use the Service.

2. Use of The Service

You may be required to create an account in order to use all or part of the functionality of the Service. To do so, you shall provide all information required by POCKETALK in the instructions for creation of the account.
You shall be responsible for any act performed relating to your account. POCKETALK shall not be liable for any losses or damages arising from a breach in confidentiality of your account.
If you recognize or suspect any security issue with respect to the Service or your account, please contact us immediately via POCKETALK’s support page.
Subject to your agreement to and compliance with the TOU, POCKETALK grants you a non-exclusive right to access, use, and view the Service solely in accordance with the TOU. Except as expressly provided in this Section (Section 2.4), POCKETALK does not grant to you any rights, or any title or interest, in or to the Service, the Software, or any other property.
The provision of the Service does not transfer to you any of the copyrights, ownership or other rights related to the Service, except as otherwise provided in the Individual Terms.
You may provide POCKETALK with comments, suggestions, and recommendations, fixes, improvements, etc. (hereinafter collectively referred to as “Feedback”) related to the Service. POCKETALK shall own all rights, titles, and interests in and to any Feedback, and you hereby assign and agree to assign to POCKETALK any and all such rights, titles, and interests. Accordingly, POCKETALK may take any action relating to such Feedback without any payment to or approval from you.

3. Conditions of Use

Any and all hardware and Software used in the Service is the intellectual property of POCKETALK or a third-party licensor, and is protected by U.S., Japanese, and other domestic and international laws concerning intellectual property rights.
POCKETALK may amend, update or otherwise modify the Service or its corresponding operating environment (including the Software) at its own discretion, with or without prior notice to you.
Use of the Service requires internet access. Maintenance and management of necessary equipment for accessing the Internet are solely your expense and responsibility.
You are not permitted to use, or attempt to use, any other Customer’s account.
You are not permitted to impersonate other individuals or organizations when using the Service.

4. Fees and Tax

You are obligated to pay POCKETALK all fees set forth in the applicable Individual Terms (the “Fees”) in accordance with such Individual Terms. If your payment of all or part of the required Fees is not confirmed, POCKETALK may suspend or terminate the Service without prior notice to you.
All payments under the Service shall be net payments without deduction for or on account of any taxes under applicable law, unless the parties otherwise agree in writing. All taxes and any other charges under any Service plan shall be borne by you.
The price and method of payment shall be separately determined by POCKETALK if you purchase from POCKETALK, or in accordance with an agreement between you and a reseller duly authorized by POCKETALK at the time of your purchase from the reseller.
If payment of all or parts of the required Fees from you or a person/business who uses the Service based on a contract with you is not confirmed, POCKETALK may suspend or terminate the Service without prior notice to you.

5. Confidentiality

“Confidential Information” means all information or material, tangible or intangible, in any form or medium, whether marked confidential or not (or with any similar classifications), provided by the Customer to POCKETALK directly through the Service. Without limiting the foregoing, the following shall be considered Confidential Information: (i) the Software and other related materials furnished by POCKETALK; and (ii) the oral and visual information relating to the Service.
Both parties shall use Confidential Information solely as necessary for the use and provision of the Service. Both parties shall be obligated to take reasonable measures to maintain the information as confidential, and shall take no less measures to protect the Confidential Information than the parties would take to protect their own similar confidential information.
Both parties agree not to disclose Confidential Information to any third party and agree to restrict access to Confidential Information only to those employees or contractors who: (i) require access in the course of their assigned duties and responsibilities; and (ii) have agreed in writing to be bound by confidentiality obligations no less restrictive than those set forth in this Section 5.
Obligations hereunder with respect to Confidential Information will not apply to any material or information that: (i) is or becomes a part of the public domain, through no act or omission by the receiving party; (ii) is independently developed by the receiving party without use of the Confidential Information; (iii) is rightfully obtained by the receiving party from a third party without any obligation of confidentiality; or (iv) is already known by the receiving party, without any obligation of confidentiality, prior to obtaining the Confidential Information from the disclosing party. In addition, both parties may disclose Confidential Information if it is made in response to a valid order of a court or authorized agency of government, provided that notice is promptly given to the disclosing party so that the disclosing party may seek a protective order and engage in other efforts to minimize the required disclosure. The receiving party shall cooperate with the disclosing party in seeking such a protective order and in engaging in such other efforts.
Nothing in these Terms shall be construed to convey to the Customer any ownership rights to the Software, Service or other Confidential Information.
Except as expressly provided in Section 2.4 above, nothing in these Terms will be construed to convey to the Customer any patent right, copyright, trademark right or right in any Confidential Information embodied therein.
Customer shall not, in whole or in part, sell, lease, license, assign, transfer or disclose the Confidential Information to any third party and shall not copy, reproduce or distribute the Confidential Information except as expressly permitted in these Terms.‍

6. Privacy and Data Use

POCKETALK obtains information via the Service. Please refer to the Privacy Policy (https://pocketalk.com/privacy-policy/) (the “Privacy Policy”) for details on POCKETALK’s collection, use and disclosure of such information. The Privacy Policy is hereby incorporated into these Terms.
For the purpose of providing the Service, POCKETALK will transmit to our server your data, including, without limitation, audio and text data for interpretation and audio and text data after interpretation. However, POCKETALK will not view, analyze, store, manage or back up any of your data, unless otherwise specified by POCKETALK. It is your responsibility to store, manage and back up your data.
POCKETALK will receive technical support from the provider of the voice recognition engine and translation engine, as well as development subcontractors and support service contractors, etc. (hereinafter referred to as the “Subcontractors”), to provide the Service for the intended purpose. When using the technology of the Subcontractors, the Service transmits your audio and text data and its translation data (hereinafter referred to as the “Audio and Text Data, etc.”) to the server of the Subcontractors via the Internet. However, the Subcontractors may not use the Audio and Text Data, etc. for the purpose of improving their own analytical techniques but may only use such data, etc. within the necessary scope of providing our Service, unless otherwise specified by POCKETALK.
Without limiting the Privacy Policy, please note that:

(a) POCKETALK may review, analyze or use the translation history (excluding the content of translation results, hereinafter the same shall apply) that you submitted while using the Device or the Service , if (a) it is required by applicable laws or regulations, or (b) it is for the purpose of improving the translation and the Device or the Service when you have separately given your consent; and

(b) POCKETALK may provide analysis data such as translation history, chosen translation languages or number of translations conducted by the Device or Service user. POCKETALK shall obtain any and all consent required under the applicable laws and regulations from users of the Devices or Service in connection with acquisition or use of such data. If you are a user of this Device or Service, you agree to these matters.
POCKETALK shall not be liable for any storage, management and backup of the translated data obtained via the Software or the Service.
If you do not use the Service for a certain period of time after commencement of the use of the Service, POCKETALK may delete the translated data without notifying you.

7. Temporary Disruption, Termination or Discontinuation of the Service

POCKETALK will use reasonable efforts to ensure stable operation of the Service. However, the Service may be temporarily disrupted, terminated or discontinued without prior notice to you:

(a) In the event that the provision of the Service becomes impossible due to a breakdown, failure or any other issue with the server, communication line or any other facilities;

(b) When conducting periodical or urgent system maintenance, inspection, repair or modification, etc.;

(c) In the event that the provision of the Service becomes impossible due to fire or power outage, etc.;

(d) In the event that the provision of the Service becomes impossible due to a natural disaster such as an earthquake, volcanic eruption, flood or tsunami;

(e) In the event that the provision of the Service becomes impossible due to war, disturbance, riot, turmoil, labor dispute, pandemic, or other unexpected events; or

(f) Otherwise when it is considered necessary to temporarily suspend the Service for operational or technical reasons.
POCKETALK shall not be liable for any damages incurred by you in connection with any of the events described in Section 7.1.

8. Prohibited Activity

Without limiting any other restrictions set forth in these Terms, please note that the following activities are expressly prohibited:

(i) Acts that infringe on intellectual property or other rights of POCKETALK or any third party, including but not limited to copyright, trademark right, patent right, trade secret right, design right, moral right or privacy right;

(ii) Reproducing, modifying or creating derivative works of the Service;

(iii) Compiling by integrating or combining part of the Service into other programs;

(iv) Modifying, integrating, reverse engineering, disassembling, etc. the Software or the Service;

(v) Sublicensing or distributing the Software or the Service to a third party;

(vi) Using the Software, Device or Service to reproduce or use other software or services beyond the scope of personal use;

(vii) Storing the Software, Device or Service on a network in a manner that allows it to be transmitted to a third party;

(viii) Acts intended to damage the credibility of POCKETALK or a third party, including the Customer, or to otherwise harass or slander others;

(ix) Acts that encourage any act which falls under any of the above items; and

(x) Other acts deemed inappropriate by POCKETALK.

9. Suspension and Termination

In the event that you breach of any of the provisions of the Terms or infringe the copyright or other intellectual property rights of POCKETALK, POCKETALK may suspend or terminate your use of the Service, as appropriate without notifying you.
POCKETALK shall not be liable for any damages you incur caused by any suspension or termination in accordance with Section 9.1.

10. Account Deletion

All your rights to use the Service will expire at the moment of account deletion, regardless of the reason. Please note that if you inadvertently delete your account, you will not be able to recover the account.
POCKETALK may, but is not obligated to, back up the information of an account, even after account deletion, to the extent necessary for the operation of the Service or other legally permitted use.

11. Notices

Data communication charges that arise in connection with an electronic communication received by you related to the use of the Service shall be at your cost.
Any notice or other communication provided by POCKETALK under these Terms, including those regarding amendments to these Terms, will be given (i) via email or (ii) through the website or by posting to the Device or Service. For notices made by email, the message’s sent date will be deemed the date on which such notice is transmitted.

12. Trademark and Content

The trademarks, logos and Service marks displayed by POCKETALK or any reseller duly authorized by POCKETALK (collectively the “Trademarks”) are the registered and unregistered trademarks of POCKETALK, POCKETALK’s licensors and suppliers, and others. The Trademarks owned by POCKETALK, whether registered or unregistered, may not be used in connection with any product or service that is not POCKETALK’s, in any manner that is likely to cause confusion to Customers or in any manner that disparages POCKETALK.
Nothing contained in these Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of POCKETALK, POCKETALK’s licensors or suppliers, or the third-party owner of any such Trademark.
Misuse of Trademarks is prohibited, and POCKETALK will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

13. Disclaimers

The Software and Service shall be provided to you on an as-is basis, without warranty of any kind, express, implied or statutory. Without limiting the preceding sentence, POCKETALK does not provide any warranty related to defects, function, performance of the Software or Service, the results of usage, its accuracy, reliability (including that the Software or Service does not cause malfunction) or any other guarantee. Liability with respect to selection of the Software or Service, effects of usage or result of usage thereof shall all be assumed by you. POCKETALK does not guarantee that any translation results by the Device or the Service are complete and accurate, useful to you or otherwise consistent with the purposes for which you have used the Device or the Service.
POCKETALK shall use reasonable efforts to ensure there are no bugs or viruses in connection with provision of the Software, Device and Service. However, as stated above, the Software, Device and Service shall be provided on an as-is basis, and POCKETALK does not provide any warranty that there are no bugs, viruses or any other failures or faults in the Service. All risks concerning quality and performance of the Software, Device and Service shall be borne by you.
POCKETALK shall not be liable for any damages incurred by you as a result of the use of any translation results via the Software, Device or Service.
POCKETALK does not guarantee that you can use the Software, Device and Service properly on any operating system or web browser and is not obligated to perform operation verification or improvement measures to make such a guarantee.

14. Limitation of Liability and Indemnification

POCKETALK SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
POCKETALK’S MAXIMUM AGGREGATE LIABILITY SHALL BE THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
In addition to the preceding two articles, the following exclusions and limitations shall apply to POCKETALK:

(a) POCKETALK shall not be liable for any transactions, communications, disputes or other
issues that may occur between you and a third party in connection with the Software, Device and Service;

(b) The Software, Device and Service use an external system as part of their system. Therefore, if you cannot use the external system, you may not be able to use the Software, Device and Service. POCKETALK will not be liable for any damages caused by such inability;

(c) POCKETALK shall not be liable for any damages incurred by you or any third party arising from any delay, interruption, termination or abolition of the provision of the Service due to any breach by you of Section 6 to Section 8; and

(d) POCKETALK shall not be liable for any damages resulting from a claim by a third party that arose due to your failure to obtain consent in accordance with Section 5 or Section 6; or your failure to comply with applicable law or regulation.
The exclusions and limitations of damages set forth in this Section 14 above are fundamental elements of the basis of the bargain between POCKETALK and you, and shall apply to the extent permitted by applicable law, whether or not a party has been informed of the possibility of such damage or if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow for certain exclusions or limitations of liability, so certain of the above exclusions and limitations may not apply to you.
You agree to indemnify and hold harmless POCKETALK and its officers, directors, employees, affiliates, agents, licensors and contractors (the “Indemnified Parties”) from and against any claims, complaints, actions, demands, or allegations brought against any or all of the Indemnified Parties (collectively, “Claims”) and all liabilities, damages, costs and expenses, including without limitation reasonable attorneys’ fees arising out of or in any way related to (i) your access to or use of the Service, (ii) your breach of these Terms, or (iii) your violation of any law or regulation or the rights of any third party. We reserve the right to assume control of the defense of any Claim and you agree to cooperate with us with respect to any Claim. In addition, you shall not settle or otherwise dispose of any Claim without express prior written consent from POCKETALK.

15. Changes to The Terms

POCKETALK may modify these Terms at its sole discretion. Such modified Terms will specify their effective date. We will notify you or publish in the manner determined by POCKETALK at least seven (7) days before we make material changes to these Terms to give you an opportunity to review the modified Terms before continuing to use the Service. By using the Service after a modification to these Terms becomes effective, you are accepting the modified Terms.
If the changes to the Terms, under Article 15.1, have a material adverse effect on you and you do not wish to continue using the Service, you may request cancellation of the Service by the method specified by POCKETALK before the date on which the amended Terms, as specified in Article 15.1, become applicable. Notwithstanding the foregoing, POCKETALK shall not refund any fees already paid by the you nor cancel any payment obligations that have already been incurred by you.
The price terms of the Service may be changed by POCKETALK at its sole discretion at any time provided that POCKETALK gives you the prior notice with a reasonable period for you to reconsider continuing the Agreement.

16. General Provisions

Except as otherwise expressly stated herein, these Terms constitute the complete and exclusive agreement between POCKETALK and you regarding the Service. Accordingly, these Terms supersede and replace any and all prior oral or written understandings or agreements between POCKETALK and you related to the Service and any other subject matter of these Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions will remain in full force and effect.
You are not permitted to assign, delegate or transfer your contractual status and rights and obligations under these Terms, by operation of law or otherwise, without POCKETALK’s prior written consent. Any attempt by you to assign or transfer your contractual status and rights and obligations under these Terms without such consent will be of no effect. POCKETALK may freely assign or transfer these Terms without restriction.
POCKETALK’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if it is in writing and signed by a duly authorized representative of POCKETALK. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
These Terms and any disputes relating to these Terms shall be governed by the laws of Japan, without reference to conflict of laws rules. Any dispute relating to these Terms shall be filed in Tokyo District Court located in Japan and such courts shall have exclusive jurisdiction over such matters. The parties agree that the venue is proper in such a court.

17. Anti Social Forces

The Customer or POCKETALK reserves the right to terminate the Agreement without notice if any of the following are satisfied:

(a) A party is apart of a crime group, a company affiliated with a crime group, extortionists or a persons equivalent thereto or becomes a member thereof (hereinafter collectively referred to as “Anti-Social Forces”);

(b) Officers (directors, executive officers, corporate officers, corporate auditors or their equivalents) are a part of antisocial forces;

(c) A party is in a socially reprehensible relationship with antisocial forces;

(d) A party makes unreasonable demands; or

(e) Other acts that are deemed to violate public order and morals in the course of business.
A termination in line with the preceding paragraph shall not preclude the party who terminates the Agreement from compensating the other party for damages. However, the terminating party shall not make any claim against the other party.

Effective date of these Terms: September 1, 2024

POCKETALK Corp.

Appendix 1

United States

The following provisions shall apply to any Customer subject to the jurisdiction of courts in the United States. Unless otherwise specified, the definitions of terms shall be as set forth in this TOU, and in the event a provision of this Appendix conflicts with a provision elsewhere in the Terms, such provision of this Appendix shall control.

PLEASE READ THIS APPENDIX CAREFULLY, AS IT CONTAINS A REQUIREMENT THAT CERTAIN DISPUTES AND CLAIMS BE SUBJECT TO ARBITRATION AND IT OTHERWISE LIMITS THE MANNER IN WHICH YOU CAN MAKE A CLAIM AGAINST POCKETALK.

Arbitration

Each party agrees that, except as set forth under the Exceptions paragraph below, any dispute between you and POCKETALK arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation or validity thereof (including the determination of the scope or applicability of this agreement to arbitrate), the Services, the POCKETALK materials or any other POCKETALK products or services (collectively, “Disputes”) will be subject to arbitration in accordance with this Section. You can decline this agreement to arbitrate by contacting POCKETALK within thirty (30) days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration provision. In the event that you so decline this arbitration provision, or this arbitration provision is otherwise found not to apply to you or your Dispute, you and POCKETALK agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Santa Clara County, California. Both you and POCKETALK agree to the exclusive jurisdiction of, and that venue is proper in, such courts.

Any Dispute shall be resolved by arbitration in Palo Alto, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The JAMS Rules are available at http://www.jamsadr.com. In the event a provision of this Section conflicts with the applicable arbitration rules, such provision of this Section shall control.

Class Action Waiver

The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims, unless both you and POCKETALK specifically agree to do so following initiation of the arbitration. If you choose to pursue a Dispute in court by opting out of the arbitration provision, as specified above, this class action waiver will not apply to you. You are not permitted to be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

You understand and agree that by accepting the arbitration provision in these Terms, you and POCKETALK are each waiving the right to a jury trial or a trial before a judge in a public court.

Exceptions

Notwithstanding the Arbitration paragraph, either you or POCKETALK may assert claims, if they qualify, in small claims court in Palo Alto, California or in any United States county where you live or work. Either party may bring a lawsuit solely for injunctive or other equitable relief to stop unauthorized use of the Services or POCKETALK materials, or infringement of intellectual property rights.

Limitation on Claims

Regardless of any law to the contrary, any claim arising out of a Dispute must be filed within one (1) year after such cause of action arose, or such claim or cause of action will be forever barred.

Appendix 2

Specific provisions for consumer contracts

The following provisions shall apply when POCKETALK enters into the Agreement with you as consumer. Unless otherwise specified, the definitions of terms shall be as set forth in this TOU, and in the event that any provision of this Appendix conflicts with any other provision of this TOU, such provision of this Appendix shall control.

If you are a minor, you must obtain the prior consent of a person with parental authority or other legal representative before entering into the Agreement. The term “minor” shall be defined in accordance with the laws of your place of residence.
Any provision in the Terms that exempts POCKETALK, in whole or in part, from liability or limits the extent of POCKETALK’s liability shall not apply if such liability is caused by POCKETALK’s intentional or gross negligence.
If you purchased the Device under the Terms, you may cancel your purchase and return the Device within fourteen (14) days of receipt. Customers wishing to return the Device must return it to the seller along with the receipt for a refund of the product price.

Annex 1 Terms and Conditions of Each Service

[Common conditions for each service]

POCKETALK does not grant any malfunctions or other problems caused by using products outside of the recommended environment specified by POCKETALK. Please check the recommended environment before using the Service.
POCKETALK reserves the right to change, update or modify the contents of the Service or the operating environment in which the Service is used at any time without prior notice to you.
You may not use the Service for any purpose other than your own use, including, but not limited to, obtaining commercial gain by allowing a third party to use the Service, nor may you use the Service for the purpose of obtaining any benefit from a third party, except with POCKETALK’s prior written consent.
You shall, at your own responsibility and expense, prepare the communication equipment (computer, tablet, web camera, microphone, etc.), software (including web conference service designated by POCKETALK) and internet connection contract, etc. necessary to use the Service. You shall bear all communication and connection fees related to the use of the Service.

[Provision to the purchaser of the Device]

Ownership of the Device and the printed materials enclosed with the Device (manuals, etc.) shall be transferred from the seller to you after you purchase the Device, provided that you agree to comply with the Terms.
You agree that in order to use the terminal to receive the Service, you must have a communication environment, such as Wi-Fi connection. If you use the Device with global communications, you agree that in order to receive the Service, you will be required to comply with the Global SIM Service Terms of Service (https://pocketalk.link/simterm) (“SIM Service Terms of Service”) in addition to and to an extent not in conflict with the Terms, and use of the device shall be deemed acceptance of the SIM Service Terms of Service. The term “User” in the SIM Service Terms of Use shall be deemed to be replaced with “you”. If there is any conflict between the Terms and the SIM Service Terms of Service, the Terms shall control.
If you are unable or unwilling to use the SIM Service provided by POCKETALK, you are required to install and operate the communications environment at your own expense and responsibility. In which case, POCKETALK will not be involved in any way in the installation or operation of the communication environment by you and will not provide any support to you.
The SIM service provided by POCKETALK may be renewed in accordance with the procedures specified by us to extend the service usage period. Unless otherwise specified by POCKETALK, there is a charge for extending the SIM service usage period.
If any governmental approval, authorization, certification, notification, etc. is required in order for you to use the Device, you shall handle and resolve such issues at your own expense and responsibility, except in cases where the seller can obtain such approval, authorization, certification, notification, etc.
You require a connection to a third-party server when using the services on the Device.
POCKETALK does not warrant (1) that the services or POCKETALK materials will meet your requirements or be available on an uninterrupted, stable or error-free basis; or (2) the quality, accuracy, immediacy, truth, completeness or reliability of the services or POCKETALK materials.
The maximum amount for which POCKETALK will be liable shall be the amount equal to the charges paid by you for the Device. However, this limitation shall not apply in the event of intentional or gross negligence on the part of POCKETALK.

[Pocketalk Ventana]

The Pocketalk Ventana is also subject to the White Paper and/or Service Specification.