These Terms of Service (hereinafter referred to as "Terms") govern the use of the mobile application "Emaki" (hereinafter referred to as "the App") provided by Akira Kawata (hereinafter referred to as "We" or "Provider"). By downloading, installing, or using the App, you agree to be bound by these Terms.
These Terms contain items that need to be confirmed and updated by [Company Name] (provider information, liability limits, etc.). Please update these information with accurate content before publishing the app.
By downloading, installing, or using the App, User agrees to be bound by all provisions of these Terms. If User does not agree to these Terms, User shall not use the App.
User and Provider acknowledge that these Terms are concluded between User and Provider only, and not with Apple, Inc. ("Apple"). Provider, not Apple, is solely responsible for the App and the content thereof. These Terms may not provide for usage rules for the App that are in conflict with the Apple Media Services Terms and Conditions.
We provide the following services through the App:
The App temporarily transmits photos owned by User or captured with User's camera for AI analysis. Transmitted images are not retained on the server and are deleted after analysis is complete.
Provider grants User a non-exclusive, non-transferable license to use the App on any Apple-branded Products that User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
User shall not engage in any of the following activities:
Provider is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. User and Provider acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
User shall not engage in any of the following activities in using the App. If Provider confirms prohibited activities, Provider may suspend service provision to User or exclude User without prior notice:
Basic features of the App are provided free of charge. However, User shall separately bear communication fees, data communication fees, etc. required to use the App.
If paid features or subscription services are provided in the future, Provider will separately notify fees, payment methods, etc., and obtain User's consent.
Copyrights, trademark rights, and other intellectual property rights for the App and Content provided through the App belong to Provider or legitimate rights holders.
Without prior written consent from Provider, User shall not use, reproduce, publicly transmit, display, modify, translate, adapt, transfer, assign, establish security interests on, or otherwise process any subject of intellectual property rights included in the App.
User and Provider acknowledge that, in the event of any third party claim that the App or User's possession and use of that App infringes that third party's intellectual property rights, Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Provider respects User's privacy and appropriately handles User's personal information in accordance with relevant laws. For details, please refer to "Privacy Policy" separately defined.
The App is provided "AS IS" without any warranty. Provider makes no warranty, express or implied, regarding the App, including but not limited to:
Recognition results and explanation content provided by AI through the App are not guaranteed to be accurate. For research, academic, or professional use, please verify with experts.
Provider is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the App to User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Provider's sole responsibility.
User and Provider acknowledge that Provider, not Apple, is responsible for addressing any claims of User or any third party relating to the App or User's possession and/or use of the App, including, but not limited to:
These Terms may not limit Provider's liability to User beyond what is permitted by applicable law.
Provider shall not be liable for any damages (direct, indirect, special, incidental, consequential, or punitive damages, including loss of profits, but not limited to these) arising from User's use of the App. However, this limitation does not apply in cases of Provider's intentional or gross negligence.
Provider's liability for damages is limited to the total amount of usage fees paid by User to use the service within the past 3 months (if such amount is less than 1,000 yen, then 1,000 yen).
However, the above limitation of liability does not apply in the following cases:
The governing law for these Terms is Japanese Law.
Any disputes regarding the App or these Terms shall be submitted to Chiba District Court as the first instance exclusive jurisdiction court.
User represents and warrants that:
Provider reserves the right to terminate, suspend, or modify provision of all or part of the App without prior notice at Provider's discretion. However, Provider will endeavor to notify Users in advance if there are significant changes.
Provider shall not be liable for any damages caused to Users by termination of App provision.
If any provision of these Terms is deemed invalid or unenforceable by a competent court or arbitration body, the remaining provisions of these Terms shall remain in full force and effect and continue to apply.
The governing law for these Terms is Japanese Law.
Any disputes regarding the App or these Terms shall be submitted to Chiba District Court as the first instance exclusive jurisdiction court.
User must comply with applicable third party terms of agreement when using the App. For example, if the App is a VoIP application, User must not be in violation of their wireless data service agreement when using the App.
User and Provider acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon User's acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third party beneficiary thereof.