Terms of Use
These Terms of Use set out the terms under which you use the "Emetica" service (the "Service") provided by DoshCook LLC (the "Developer"). Please use the Service only after agreeing to these Terms.
Article 1 (Definitions)
The terms used in these Terms are defined as follows.
(1) Service
The smartphone app "Emetica" operated by the Developer and related services
(2) Website
Websites on which content of the Service is posted
(3) Content
Text, sounds, still images, videos, software programs, code, and the like provided on the Service
(4) User
Anyone who uses the Service
(5) Photo Library
The photo library on the User's device (including items stored in iCloud Photos)
(6) Videos
Videos stored in the Photo Library that the User plays with the Service
(7) DJ Features
Features of the Service that apply effects to the audio of Videos, LOOP, HOT CUE, AUTO, and similar features
(8) Emetica Plus
The auto-renewable subscription for the Service provided through the App Store
(9) Intellectual Property
Inventions, devices, new plant varieties, designs, works, and other products of human creative activity (including discovered or explained laws or phenomena of nature that are industrially applicable), trademarks, trade names, and other marks used to indicate goods or services in business, and trade secrets and other technical or business information useful for business
(10) Intellectual Property Rights
Patent rights, utility model rights, plant breeder's rights, design rights, copyrights, trademark rights, and other rights provided by law or interests protected by law relating to Intellectual Property
Article 2 (Agreement to These Terms)
1. Users may use the Service after agreeing to these Terms.
2. A usage agreement in accordance with these Terms is formed between the User and the Developer when the User downloads the Service to a smartphone or other device and starts using it.
3. If the User is a minor, the User shall use the Service (including subscribing to Emetica Plus) with the consent of a parent or other legal guardian.
Article 3 (Changes to These Terms)
1. The Developer may revise these Terms at any time without the User's consent, and the User agrees to such revisions without objection.
2. When revising these Terms, the Developer will notify Users of the revisions by a method determined by the Developer.
3. Revisions take effect when the Developer gives notice under the preceding paragraph.
4. A User who uses the Service after these Terms are revised is deemed to have agreed to the revised Terms without objection.
Article 4 (Photo Library and Videos)
1. The Service accesses the Photo Library to the extent permitted by the User and plays the audio of Videos. Videos themselves are not sent to the Developer's servers.
2. Videos stored only in iCloud Photos are downloaded to the User's device and stored temporarily for playback. Any data charges for such downloads are borne by the User. Temporarily stored Videos can be deleted from the Service's settings.
3. Creating, renaming, and deleting albums in My Albums of the Service, and adding Videos to, reordering, and removing Videos from albums, are applied to the albums in the Photo Library itself. Deleting an album or removing a Video from an album does not delete the Video itself.
4. Users shall play with the Service only Videos to which they hold the rights or which they may lawfully use. If playing a Video or processing it with the DJ Features infringes the rights of a third party, the User shall resolve the matter at the User's own responsibility and expense.
5. Processing with the DJ Features is applied only to playback within the Service and does not modify the Video itself.
Article 5 (Emetica Plus)
1. Emetica Plus is an auto-renewable subscription provided through the App Store. Prices, payment, renewal, and cancellation are governed by the rules of the App Store. Prices are shown on the subscription screen in the Service and on the App Store.
2. Emetica Plus renews automatically unless it is canceled at least 24 hours before the end of the current period. You can cancel it in the Settings app under your Apple Account > Subscriptions.
3. Emetica Plus with a free trial automatically converts to paid Emetica Plus unless it is canceled at least 24 hours before the end of the free trial.
4. The benefits of Emetica Plus and the scope of the Service that can be used free of charge (including the time for which DJ effects can be used free of charge) are determined by the Developer and may change.
5. Refunds of fees already paid are governed by the rules of the App Store; the Developer does not issue refunds.
6. Users who purchased the "Pro version" previously sold in the Service may use the benefits of Emetica Plus to the extent determined by the Developer.
Article 6 (Handling of Data)
1. Favorites, display names of Videos, the order of My Albums, HOT CUEs, and other data relating to the use of the Service are stored on the User's device. Even if such data is lost due to deletion of the Service, a change of device, device failure, or the like, the Developer will not restore it or provide compensation.
2. To improve the Service, the Developer may collect information about the use of the Service using analytics tools provided by third parties.
3. The handling of User information in the Service is governed by the privacy policy separately established by the Developer.
Article 7 (Prohibited Acts)
In using the Service, the Developer prohibits Users from engaging in the following acts. If the Developer determines that a User has violated these prohibitions, the Developer may suspend the User's use of the Service or take any other measures the Developer deems necessary.
(1) Acts that infringe the Intellectual Property Rights of the Developer or a third party
(2) Acts that damage the reputation or credibility of, unfairly discriminate against, or defame the Developer or a third party
(3) Acts that infringe or may infringe the property of the Developer or a third party
(4) Acts that cause economic damage to the Developer or a third party
(5) Threatening acts toward the Developer or a third party
(6) Using, or inducing the use of, computer viruses or harmful programs
(7) Attempting to access the Service by means other than the interfaces provided by the Developer
(8) Exploiting defects of the Service, or altering or analyzing the programs of the Service
(9) Using the benefits of Emetica Plus without subscribing to it, by changing the device's date and time or by other improper means
(10) Using the Service for commercial purposes
(11) Any other acts the Developer deems inappropriate
Article 8 (Disclaimers)
1. The Developer is not liable for any damage arising from changes to, interruption of, or termination of the Service.
2. The Developer is not involved in, and bears no responsibility for, the User's environment for using the Service.
3. The Developer makes no warranty that the Service is fit for any particular purpose of the User; that it has the expected functions, commercial value, accuracy, or usefulness; that the User's use of the Service complies with laws or internal rules of industry organizations applicable to the User; or that no defects will occur.
4. The Developer does not guarantee that the Service supports all devices, and the User acknowledges in advance that the Service may malfunction due to OS updates or the like on the device used. The Developer does not guarantee that such malfunctions will be resolved by program corrections made by the Developer.
5. The Developer does not guarantee the accuracy of the analysis of the audio of Videos (such as BPM estimation) or of the effects applied by AUTO.
6. The Developer bears no responsibility for cases in which Videos cannot be downloaded or played due to the state of iCloud Photos, network conditions, or other circumstances.
7. The User acknowledges in advance that use of part or all of the Service may be restricted due to changes in the terms of use or operating policies of the App Store.
8. The Developer is not liable for any damage incurred directly or indirectly by the User as a result of using the Service.
9. The Developer is not liable for any lost opportunities, business interruption, or any other damage (including indirect damage and lost profits) incurred by the User or any third party, even if the Developer has been notified in advance of the possibility of such damage.
10. Paragraphs 1 through 9 do not apply if the Developer acts with intent or gross negligence, or if the User is a consumer under the Consumer Contract Act of Japan.
11. Even if the preceding paragraph applies, the Developer is not liable for damage arising from special circumstances among the damage caused to the User by the Developer's negligence (excluding gross negligence).
12. If the Developer is liable for damages in connection with the use of the Service, its liability is limited to the amount received from the User in the month in which the damage occurred.
13. If the User causes damage to a third party or has a dispute with a third party in connection with the use of the Service, the User shall compensate for such damage or resolve such dispute at the User's own expense and responsibility, and shall not cause any trouble or damage to the Developer.
14. If a third party claims damages or the like against the Developer due to the User's acts, the User shall resolve the matter at the User's own expense (including attorney's fees) and responsibility. If the Developer pays damages to the third party, the User shall pay the Developer all costs, including such damages (including attorney's fees and lost profits).
15. If the User causes damage to the Developer in connection with the use of the Service, the User shall compensate the Developer for such damage (including litigation costs and attorney's fees) at the User's own expense and responsibility.
Article 9 (Prohibition of Assignment)
1. Unless the Developer gives prior written consent, the User shall not assign to any third party all or part of the User's position under these Terms or rights or obligations based on these Terms.
2. The Developer may, at its discretion, assign all or part of the Service to a third party, in which case all of the User's rights relating to the Service are transferred to the assignee to the extent of the assigned rights.
Article 10 (Severability)
Even if any provision of these Terms or any part thereof is held invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and the remaining parts of any provision held partly invalid or unenforceable shall continue in full force and effect.
Article 11 (Contacting the Developer)
Users shall contact or make inquiries to the Developer regarding the Service through an inquiry form provided at an appropriate place in the Service or on a website operated by the Developer, or by another method separately designated by the Developer.
Article 12 (Governing Law and Jurisdiction)
1. The validity, interpretation, and performance of these Terms are governed by and construed in accordance with the laws of Japan.
2. The Tokyo Summary Court or the Tokyo District Court, depending on the amount in dispute, shall have exclusive agreed jurisdiction over any disputes, litigation, or other conflicts between the Developer and Users.
Article 13 (Termination of the Service)
1. The Developer may terminate the Service by notifying Users by an appropriate method.
2. The User agrees in advance and without objection that, if the Service is terminated, the User will lose all rights to use paid content (including the benefits of Emetica Plus) and will no longer be able to use it.
3. The Developer is not liable for any damage incurred by the User or any third party arising from the termination of the Service, for whatever reason.
[Other]
The Japanese version of these Terms is the original. Versions in other languages are translations provided for reference; in case of any discrepancy, the Japanese version prevails.
Apple, the Apple logo, App Store and iCloud are trademarks of Apple Inc., registered in the U.S. and other countries.
Effective October 5, 2026