General Terms of Use

Effective Date: April 1, 2026

The POCKETALK Terms of Use (North America) (this “TOU”) governs your access to and use of the Service (as defined in Section 1) and serves as an agreement between POCKETALK INC. (“POCKETALK” or “us”) and the purchaser and/or user of the Service (“you” or “Customer”). If you are an existing Customer of our Device or Software purchased prior to the Effective Date, the Pocketalk Terms of Use (Common) apply to your purchase and/or use of such Device or Software. If you are not located in North America, the Pocketalk Terms of Use (Common) apply to you.

The TOU applies in addition to other terms provided by POCKETALK and its Affiliates that apply to individual Services or Customers, including the Device and SIM Service Terms set forth in Annex 1 (the “Individual Terms”, and together with the TOU, the data processing terms (if applicable), and any ordering document, are referred to collectively as the “Terms”). In the event of any discrepancy between the TOU, the Individual Terms, or ordering document, the order of precedence shall be as follows: the ordering document, the Individual Terms, data processing terms (if applicable), and the TOU.

PLEASE READ THE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 15 BELOW REQUIRING DISPUTES TO BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS, AND LIMITING THE MANNER IN WHICH YOU CAN MAKE A CLAIM AGAINST POCKETALK AND ITS AFFILIATES. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 15 BELOW.

By accessing or using the Services, including registering for an account, or by clicking a button or checking a box marked “I Agree” (or similar), you confirm that you have read, understood, and agree to be bound by the Terms, and that you have read, understand, and acknowledge the Privacy Policy and the white paper(s) for your applicable Service, available at https://pocketalk.com/security-white-papers, each of which may be modified from time to time. If you do not agree to the Terms, you may not access or use the Service (including purchase, rental or use of the Device, or creating an account with respect to the Service).

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 Terms or using the Service. The term “minor” shall be defined in accordance with the laws of your place of residence. If you use our Service on behalf of another person or entity, (a) all references to “you” throughout the Terms will include that person or entity, (b) you represent that you are authorized to accept the Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates the Terms, the person or entity agrees to be responsible to us.

1. Definitions

• “Affiliate” means an entity controlling, controlled by or under common control with the subject entity, where for purposes of this definition, “control” means direct or indirect ownership of more than 50% of the voting interests of the subject entity.
• “Reseller” means any reseller duly authorized by POCKETALK to sell the Service.
• “Service” means our website at https://pocketalk.com (including all subdomains and successor websites); devices and equipment and related accessories (collectively, the “Device”); software platforms, web and mobile applications (collectively, the “Software”); and other websites, products, materials, or services that we offer.
• “Your Content” means any data and content that you share through or upload to the Services, including, without limitation, text, images, and audio content that you share through or upload to the Services (“Translation Inputs”), and the translations generated by the Service using Your Content (“Translation Outputs”).

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 in the instructions for creation of the account. You shall be responsible for any act performed relating to your account. You shall use all reasonable endeavors to prevent any unauthorized access to, or use of, the Service. You are responsible for maintaining the security and confidentiality of your username and password. POCKETALK and its Affiliates 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 or unauthorized access with respect to the Service or your account, please contact us immediately at privacy@pocketalk.com.

Subject to your agreement to and compliance with the Terms, POCKETALK and its Affiliates grants you a non-exclusive right to access, use, and view the Service solely in accordance with the Terms. Except as expressly provided in this Section, none of POCKETALK nor its Affiliates grant to you any rights, or any title or interest, in or to the Service or any other property. Provision of the Service does not transfer to you any of the copyrights, ownership or other rights related to the Service.

You may provide POCKETALK and its Affiliates with comments, suggestions, and recommendations, fixes, improvements, etc. (hereinafter collectively referred to as “Feedback”) related to the Service. POCKETALK and its Affiliates shall own all rights, titles, and interests in and to any Feedback, and you hereby assign and agree to assign to POCKETALK and its Affiliates any and all such rights, titles, and interests. Accordingly, POCKETALK and its Affiliates may take any action relating to such Feedback without any payment to or approval from you.

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 its Affiliates) 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.

3. Conditions of Use

The Service is the intellectual property of POCKETALK and its Affiliates or a third-party licensor, and is protected by United States, Japanese, and other domestic and international laws concerning intellectual property rights. POCKETALK or its Affiliates 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 or the Reseller (if applicable) all fees set forth in the Terms (the “Fees”) in accordance with such Terms. If your payment of all or part of the required Fees is not received, POCKETALK or its Affiliates 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 the applicable Reseller at the time of your purchase from the Reseller.

Any payment not received from you by the due date will accrue late charges at the rate of one and a half percent (1.5%) of the outstanding balance per month or at the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. In the event of a failure to pay, you agree to pay POCKETALK’s costs of collection, including reasonable attorney’s fees and costs. If your account is 30 days or more overdue, in addition to any of its other rights or remedies, POCKETALK and its Affiliates reserve the right to immediately suspend your access to the Service, without liability to you, until