This Terms of Use (this "Agreement") establishes the terms and conditions for the use of RepliCam (this “Service.” Regardless of the reason, if the name or content of the Service is changed, this Agreement will include the Service after such changes.) by Emanate (the “Provider”). This Agreement applies to all users (“User(s)”) utilizing the Service. Users are required to thoroughly read this Agreement before using the Service.

Article 1 (Scope of this Agreement)

  1. Users shall use the Service in accordance with the provisions of this Agreement. If a User cannot agree to this Agreement, they are not allowed to use the Service, and they should promptly cease using the Service. 
  2. This Agreement applies to all relationships related to the use of the Service between Users and the Provider.
  3. In the case of a minor using the Service, it is considered that they have obtained the consent of their legal representative, such as a parent or guardian.

Article 2 (Revision or Amendment of this Agreement)

  1. The content of this Agreement may be changed without prior notice or consent of the Users if deemed necessary by the Provider. The revised terms will be posted on the Service or the website operated by the Provider.
  2. By using the Service after such changes, Users are considered to have agreed to the changes. The Provider will not individually notify each User of changes or additions to this Agreement. Users are responsible for checking the latest content of this Agreement and using the Service accordingly.
  3. The Provider may establish various rules, in addition to this Agreement, regarding the use of the Service (hereinafter referred to as "Individual Provisions"). In the event of a conflict between the provisions of this Agreement and the Individual Provisions of the preceding article, unless otherwise specified in the Individual Provisions, the provisions of this Agreement shall take precedence.

Article 3 (Use of the Service)

  1. Users can use the Service within the scope of personal and non-commercial use, following the methods determined by the Provider.
  2. Users can use the Service only if they confirm the legal rights for the reproduction and use of photos. Users are responsible for using the Service at their own risk and assume full responsibility for their actions in the Service and photos taken with the Service.
  3. The Service, in whole or in part, may be unavailable depending on the user's environment.
  4. Users bear all costs associated with the use of the Service, including the necessary environment, internet connection, and any required repairs, maintenance, or other costs for using the Service.

Article 4 (Paid Content)

  1. The usage fee for paid content provided by the Provider will be as separately specified.
  2. The Provider may, at its discretion and without obtaining prior consent from users or payers of paid content, change the usage fee for paid content.
  3. The payment of the usage fee for paid content shall be made directly by the payer of the paid content to the operator of the app store selling the relevant paid content, following the contract between the payer of the paid content and the app store operator.
  4. Inquiries regarding the payment of the usage fee for paid content or requests for a refund of the paid usage fee shall be directed to the operator of the app store where the paid content was purchased or the credit card company, and the Provider shall not respond to any inquiries or requests for a refund of the paid usage fee from the payer of the paid content or the user.

Article 5 (Copyright, etc.)

Intellectual property rights (including but not limited to copyright, design rights, trademark rights, and expertise) regarding the Service and various information displayed on the Service belong to the Provider or the respective right holders. However, intellectual property rights related to photos taken by Users using the Service belong to the Users.

Article 6 (Prohibited Actions)

  1. Users are prohibited from engaging in the following actions when using the Service.
    1. Acts that infringe on the copyrights, design rights, trademark rights, expertise, or any other intellectual property rights of the Provider or third parties, or acts that may pose such a risk.
    2. Acts that violate laws or public order and morals, or acts that may pose such a risk.
    3. Acts that harm other users or third parties, or acts that may pose such a risk.
    4. Acts that hinder the operation of the Service, or acts that may pose such a risk.
    5. Acts that damage the credibility of the Provider or the Service, or acts that may pose such a risk.
    6. Acts such as reverse engineering, decompiling, or disassembling software information and works included in the Service.
    7. Transmitting information, including computer viruses and other harmful computer programs.
    8. Lending, transferring, selling, etc., the content of the Service to third parties for a fee, and all preparations for such applications, including solicitation, application, and acceptance, regardless of whether within or outside the Service.
    9. Any other acts that the Provider deems inappropriate and reasonable.
  2. If a user performs any of the acts specified in the preceding paragraph, the Provider may take necessary measures without prior notice, and even if the user suffers any disadvantage as a result of such measures, the Provider shall not be liable.

Article 7 (Suspension, Change, or Termination of the Service)

  1. The Provider may, without prior notice to the Users, suspend or interrupt the provision of all or part of the Service if it determines that any of the following reasons exist. The Provider shall not be liable for any disadvantages or damages incurred by Users or third parties due to this.
    1. When performing maintenance or updates of the computer system for the Service.
    2. In the event of Force Majeure, including, but not limited to earthquakes, lightning, fires, power outages, or natural disasters, making it difficult to provide the Service.
    3. In the event of an accident causing the computer or communication line, etc., to stop.
    4. When the Service cannot be provided due to measures based on laws and regulations.
    5. When other services provided by third parties are suspended or terminated.
    6. When the Provider deems it difficult to provide the Service for other reasons.
  2. The Provider may change or discontinue all or part of the Service without notifying Users, and the Provider shall not be liable for any disadvantages or damages incurred by Users or third parties due to this.

Article 8 (Disclaimer)

  1. The Provider does not explicitly or implicitly guarantee that the Service is free from defects (including but not limited to defects in safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, and security, etc., whether factual or legal).
  2. The Provider does not explicitly or implicitly guarantee the operation of the Service, or its compatibility with terminal OS or usage equipment.
  3. The Provider does not explicitly or implicitly guarantee the accuracy, completeness, timeliness, and quality of information displayed on the Service. The Provider shall not be liable for any damages or troubles incurred by customers in connection with information displayed on the Service and its changes, updates, etc.
  4. The Provider has no obligation to retain the usage history and other information obtained through the use of the Service.
  5. The Provider shall not be liable for any damages incurred by users due to the Service.
  6. The Provider shall not be liable for any transactions, communications, or disputes, etc., that occur between users and other users or third parties regarding the Service.

Article 9 (Handling of User Information)

  1. The Provider will handle personal information acquired through the use of the Service appropriately in accordance with the separately specified "Privacy Policy.”
  2. The Provider may provide information collected from Users (such as user registration information, cookies, device-specific information, location information, etc.) to companies that provide advertising services within the necessary scope for displaying advertisements on the Service.

Article 10 (Governing Law and Dispute Resolution)

  1. This Agreement shall be governed by Japanese law.
  2. In the event of a dispute related to the Service, the Osaka District Court shall be the exclusive court of first instance for agreed-upon jurisdiction.