KOEMAP Market feedback analysis

Terms of Service

Effective 11 September 2026

These Terms of Service (the "Terms") govern the use of KOEMAP, a market feedback analysis service (the "Service") provided by GembaShift ("we", "us"). The Service is intended for corporate customers.

1. Scope

  1. The Terms apply to all dealings between us and the customer in connection with the Service.
  2. Where we and the customer have entered into a separate agreement (including order forms, memoranda and schedules, the "Individual Agreement"), the Individual Agreement prevails over the Terms. The Terms apply to matters the Individual Agreement does not address.
  3. Users of the Service (the customer's officers and employees) accept the Terms through the customer. The customer is responsible for ensuring that its users comply with them.

2. The Service

  1. The Service collects and analyses publicly available videos and their comments, and presents and exports the results over the internet.
  2. The Service does not distribute or redistribute the videos themselves. Videos are watched on their original platform, such as YouTube.
  3. Results are produced with the help of machine processing and may contain errors or omissions. The customer shall not rely on the output as the sole basis for a decision and should verify it as appropriate.

3. User IDs

  1. We issue the number of user IDs set out in the Individual Agreement.
  2. User IDs are for officers and employees belonging to the contracting unit (such as a department). The customer is free to reassign a user ID to a different person within the same contracting unit when staff change roles.
  3. The customer shall not lend, share or transfer user IDs to anyone outside the contracting unit, including other departments, affiliates and subcontractors.
  4. The customer shall manage credentials with due care and shall notify us promptly if it becomes aware of a leak or a suspected leak.
  5. Operations performed with a user ID are deemed to be performed by the customer.

4. Prohibited conduct

The customer and its users shall not:

  1. copy, redistribute, publicly transmit or sell videos, audio, subtitles, comments or other third-party content obtained through the Service;
  2. reverse engineer, decompile or disassemble the Service or the software comprising it, or otherwise attempt to derive its source code or internal structure;
  3. create a copy of the Service, or use the Service in order to develop a competing service;
  4. engage in conduct that violates law or public order, or that relates to criminal activity;
  5. infringe the intellectual property, portrait rights, privacy, reputation or other rights or interests of any third party;
  6. interfere with the operation of the Service, place an excessive load on it, or attempt unauthorised access;
  7. access data in the Service by automated means other than the screens and APIs we provide; or
  8. engage in any other conduct that we reasonably determine to be inappropriate.

5. Results and intellectual property

  1. Analysis results produced by the customer using the Service, including aggregations, extracted mentions and exported files (the "Results"), may be used by the customer for its own business without time limit.
  2. Copyright and other intellectual property rights in the software, databases, analysis methods, part taxonomy, export templates and other underlying assets of the Service belong to us or to the rightful owner. The Terms do not transfer those rights to the customer.
  3. Rights in third-party content contained in the Results, including quoted statements and captured still frames, remain with the respective third parties. When using the Results, the customer shall keep the attribution (channel name, video title, timestamp and URL) alongside that content.
  4. We may use statistical information that does not identify the customer to improve the Service. We will not disclose the customer's subjects of analysis, vehicle model names or the content of its results to any other customer.

6. Confidentiality

Each party shall keep confidential information disclosed by the other party confidential, shall not disclose it to third parties without the other party's prior written consent, and shall use it only for the purpose of providing or using the Service. We treat information entered into the Service by the customer, and the resulting analyses, as the customer's confidential information.

7. External services

The Service uses YouTube API Services and other external services. In using the Service, the customer agrees to comply with the YouTube Terms of Service. Changes to, or discontinuation of, an external service may render parts of the Service unavailable.

8. Changes, suspension and discontinuation

  1. We may change the content of the Service, provided the change does not unfairly harm the customer's interests. We notify the customer in advance of material changes.
  2. We may temporarily suspend all or part of the Service for maintenance, in the event of a fault, or where a natural disaster or other unavoidable circumstance arises. Planned suspensions are notified in advance.
  3. If we discontinue the Service, we will notify the customer with the notice period set out in the Individual Agreement.

9. Suspension of use

If the customer or a user breaches the Terms and does not remedy the breach after we request it, we may suspend use of the Service by that user or by that contracting unit.

10. Disclaimers and limitation of liability

  1. We do not warrant that the Service will be fit for the customer's particular purpose, that it will produce any expected outcome, or that it will be available without interruption.
  2. We are not liable for loss arising from changes to or discontinuation of external services, failures of telecommunications lines, or other causes not attributable to us.
  3. The scope and cap of our liability to the customer for damages are as set out in the Individual Agreement. Where the Individual Agreement is silent, our liability is limited to ordinary direct damages and shall not exceed the total fees paid by the customer for the Service in the twelve months up to and including the month in which the event giving rise to the damage occurred.
  4. The preceding paragraph does not apply where the damage results from our wilful misconduct or gross negligence.

11. Changes to the Terms

We may amend the Terms. Amendments are published on this page together with their effective date and notified to the customer. Use of the Service on or after the effective date constitutes acceptance of the amended Terms.

12. Governing law and jurisdiction

  1. The Terms are governed by the laws of Japan.
  2. The Tokyo District Court shall have exclusive jurisdiction in the first instance over any dispute arising in connection with the Service.

13. Contact

Questions about the Terms are welcome at masataka.mayuzumi@gembashift.com.