These Voish Terms of Use (the “Terms”) set out the conditions for using the voice-training application “Voish” (the “App”), as established by its operator (the “Operator”).
Article 1 (These Terms)
1 These Terms apply to all relationships between persons using the App and the Operator.
2 The privacy policy separately established by the Operator (the “Privacy Policy”), notices concerning the App, and similar provisions form part of these Terms.
3 Terms used herein are defined as follows.
① “User” means a person who has registered as a user of the App. Users may be “Free Users” or “Paid Users.” Information registered by a User in the App, such as username, gender, and date of birth, is called “User Information.”
② “Practice by Level” means the practice menus provided in the App according to the User’s level.
③ “Level Check Test” means the test menus provided in the App to assess the results of a User’s Practice by Level.
④ “Voice Training Knowledge” means content in the App explaining knowledge needed for voice training.
⑤ “Voice Assessment Function” means the function used in Practice by Level or Level Check Tests that assesses a User’s voice or video of the opening and closing of their mouth received through the microphone functionality of the User’s device (the “User Data”), compares it with sample audio or video preregistered in the App (the “Sample Data”), and displays a score for the User Data in the App.
⑥ “App Marketplace Provider” means the operator of an app marketplace with which the Operator registers to distribute the App.
⑦ “Subscription Fee” means the monthly subscription fee paid by a Paid User using the in-app payment method specified by the App Marketplace Provider. Subscription Fees are paid in advance each month for the following month.
Article 2 (Using the App)
1 A User may use the App after downloading it from an App Marketplace Provider, installing it on their own device, agreeing in advance to these Terms and the Privacy Policy, and completing the required user registration.
2 Users may use the Practice by Level, Level Check Test, and Voice Training Knowledge functions and services, and manage their lesson progress in accordance with the App’s specifications.
3 Users are responsible, at their own expense, for preparing the devices, communication environment, and other requirements for downloading or using the App. The Operator does not provide support for such preparations.
4 The Operator may implement new functions in the App or improve, modify, or remove existing functions at any time.
Article 3 (Important Points When Uninstalling the App)
Before uninstalling the App, the User agrees to the following.
① User Information remains on the App’s servers unless the User deletes it within the App before uninstalling.
② To stop payment of Subscription Fees, a Paid User must separately cancel their subscription using the procedure specified by the App Marketplace Provider.
③ If a Paid User does not complete the cancellation procedure in the preceding item, the Operator has no obligation to refund any Subscription Fees already paid, regardless of the reason.
Article 4 (Subscription Fees)
1 To use all functions and services of the App, a User must complete the procedure for becoming a Paid User under the following paragraph.
2 A User wishing to become a Paid User must arrange monthly payment of Subscription Fees using the in-app payment method specified by the App Marketplace Provider. Each month, payment for the following month will be made on the same day of the month as the Paid User’s initial in-app payment (the “Renewal Date”).
3 A Paid User wishing to return to Free User status must cancel their subscription through the App Marketplace Provider. If cancellation is not completed by the day before the Renewal Date, the Subscription Fee for the following month will be charged, and item ③ of the preceding article will apply.
4 The Operator may revise Subscription Fees by displaying advance notice to Paid Users within the App with a reasonable notice period.
5 The Operator has no obligation to refund Subscription Fees once received.
Article 5 (Prohibited Acts)
When using the App, Users must not engage in the following acts.
① Using another person’s user account
② Attempting to obtain another User’s ID or password
③ Posting reviews unrelated to the App’s content
④ Attacking servers with which the App communicates
⑤ Allowing third parties other than the User to use the Voice Assessment Function
⑥ Reverse engineering the App or disclosing information obtained thereby
⑦ Unauthorized access, data tampering, or similar acts
⑧ Acts that violate laws or public order and morals
⑨ Acts that burden the Operator’s systems or cause failures
⑩ Other acts deemed inappropriate by the Operator
Article 6 (Disclaimers)
1 The Operator strives to improve the accuracy of the Voice Assessment Function but cannot guarantee that assessment results will meet Users’ expectations or be suitable for their purposes. Users therefore use the App at their own responsibility as a tool to support their voice training.
2 The Operator cannot guarantee improvement in Users’ singing ability through Practice by Level, Level Check Tests, or Voice Training Knowledge. Accordingly, the Operator accepts no liability for any disadvantage, loss, damage, or similar harm suffered by a User as a result of using the App.
3 The Operator accepts no liability for health problems, such as throat pain or discomfort, resulting from excessive voice training or similar activities using the App.
4 The Operator does not store User Data on the App’s servers and has no obligation to do so.
5 The Operator has no obligation to provide functions or services beyond those implemented in the App. Nor is the Operator obligated to fulfill every inquiry or request submitted by a User through “Contact / Feature Requests” in the App.
6 The Operator accepts no liability for any disadvantage, loss, damage, or similar harm, including payment of Subscription Fees, suffered by a User who continues using the App despite being aware of a malfunction without reporting the issue or requesting an improvement from the Operator.
7 The Operator accepts no liability for App malfunctions attributable to the User’s device or the App Marketplace Provider (OS developer).
8 Users use the App at their own responsibility. If use of the App infringes a third party’s rights, the User must resolve the matter at their own responsibility and expense; the Operator accepts no liability.
9 The Operator accepts no liability for failures, errors, bugs, or similar issues in the App, the User’s device, communication lines, or related facilities, nor for any resulting damage to Users or third parties.
10 The provisions exempting the Operator from liability under these Terms do not apply where the Operator has acted intentionally or with gross negligence. If any part of any disclaimer in these Terms is invalidated, rescinded, enjoined, or otherwise rendered ineffective under the Consumer Contract Act, the Civil Code, or other laws, the remaining provisions continue in full force and effect.
Article 7 (Suspension of the App)
1 If the Operator considers that a User may violate any provision of these Terms, it may indefinitely suspend provision of the App to that User and the User’s use of the App without notice.
2 The Operator may interrupt all or part of the App’s functions and services without notice in any of the following cases.
① A failure occurs in the App
② A malfunction affects the App’s servers, programs, networks, or related systems
③ Inspection or maintenance of the App’s servers, programs, networks, or related systems is performed
④ A power outage, server failure, or similar event occurs
⑤ Force majeure occurs, such as an earthquake, lightning strike, or fire
⑥ The Operator suspends its business operations
⑦ The Operator otherwise considers it necessary
3 The Operator accepts no liability for damage suffered by Users under paragraphs 1 or 2. The Operator may also claim compensation from Users or former Users for damage suffered by the Operator in connection with paragraph 1.
Article 8 (Ownership of Rights)
1 All copyrights and other rights in the Sample Data, character designs, Practice by Level content, and documents, images, video, audio, music, and other materials included in Voice Training Knowledge within the App belong to the Operator or the rights holders who have licensed them to the Operator.
2 Users must not use, repurpose, republish, reproduce, create derivative works from, or otherwise exploit these Sample Data, character designs, Practice by Level content, or documents, images, video, audio, music, and other materials included in Voice Training Knowledge without the Operator’s permission.
Article 9 (Exclusion of Antisocial Forces)
1 The User represents that they are not an organized crime group, a member or associate of such a group, an affiliated company, a corporate racketeer, an extortionist posing as a social activist, a specialized intellectual crime group, or any equivalent person or organization (collectively, “Antisocial Forces”). The User also represents that none of the following applies and undertakes that none will apply in the future.
① Having a relationship in which Antisocial Forces are considered to control management
② Having a relationship in which Antisocial Forces are considered substantially involved in management
③ Having a relationship involving improper use of Antisocial Forces, including to seek illicit benefits for oneself, one’s company, or a third party, or to cause harm to a third party
④ Having a relationship involving the provision of funds or other benefits to Antisocial Forces
⑤ Having officers or persons substantially involved in management who have socially reprehensible relationships with Antisocial Forces
2 The User undertakes not to engage in any of the following, either directly or through a third party.
① Violent demands
② Unreasonable demands exceeding legal responsibility
③ Threatening language or violence in connection with transactions
④ Spreading rumors or using deception or force to damage the other party’s reputation or obstruct its business
Article 10 (Changes to the App and These Terms)
1 The Operator may change the App’s content at any time. Such changes will be announced within the App. A User who uses the App after the announcement is deemed to have agreed to the changes.
2 The Operator may change these Terms. Changes to these Terms will be made in accordance with Article 548-4 of the Civil Code.
Article 11 (Handling of Personal Information)
The Operator handles Users’ personal information in accordance with the Privacy Policy.
Article 12 (Governing Law and Agreed Jurisdiction)
These Terms are interpreted under Japanese law. Any dispute between a User and the Operator is subject to the exclusive agreed jurisdiction at first instance of the district court or summary court having jurisdiction over the Operator’s address, depending on the amount of the claim.
Established: August 31, 2023
Last updated: September 23, 2023