PAC Build Terms of Use (for Individuals)

Preamble

PAC Inc. (the "Company") sets forth in these Terms of Use (these "Terms") the conditions under which individuals use "PAC Build," a physical AI development support service provided by the Company. Individuals who wish to use the Service (each, a "User") shall use the Service after agreeing to these Terms, and the agreement formed between the Company and the User based on these Terms is referred to as "this Agreement."

Chapter 1　General Provisions

Article 1 (Purpose)

This Agreement sets forth the rights and obligations of the Company and the User in connection with the User's use of the Service to use physical AI for the User's own purposes (including use for trials, experiments, learning and the automation of everyday tasks) and to build the environment, collect data, and use and develop models for such purposes, or to introduce equipment for collecting data to be provided to businesses that develop physical AI, build a collection environment, and collect data.

Article 2 (Definitions)

In this Agreement, the following terms shall have the meanings set forth below.

(1) "Service" means the software and services provided by the Company under the name "PAC Build," including guidance on hardware setup procedures, assistance in creating programs, support for the selection, use and development of physical AI models, support for data labeling and collection, and the documents and updates incidental thereto.

(2) "Self-Use" means the User's use of the Service to use physical AI for the User's own purposes (including use for the purpose of trials, experiments, learning and the automation of everyday tasks, and the building of the environment, data collection, and use and development of models for such purposes).

(3) "Data Collection Use" means the User's use of the Service to introduce equipment for collecting data, build a collection environment and collect data, for the purpose of listing on PAC Exchange or otherwise providing data to businesses that develop physical AI.

(4) "Application Form" means an application form (including one in the form of an electromagnetic record) submitted by the User through the Company's website or by any other method designated by the Company and accepted by the Company, which states the Usage Plan (meaning the distinction among Self-Use, Data Collection Use or both, and the conditions of use; the same applies hereinafter), the selection under Article 16, Paragraph 4, the Usage Region and other conditions.

(5) "Usage Region" means the country or region in which the User uses the Service, as stated in the Application Form.

(6) "Hardware" means robot arms, hands, cameras, sensors, robot controllers and other equipment used by the User in combination with the Service. Except for items provided by the Company or Airion under separately specified terms, Hardware consists of third-party products.

(7) "Recommended Hardware" means Hardware listed in the Documents as having been confirmed by the Company to operate with the Service.

(8) "Programs" means programs, settings and operation scenarios for operating the Hardware that are created by the User on the Service or generated by the assistance functions of the Service (including generation by artificial intelligence).

(9) "Skills" means units of motions or other functions available on the Service, consisting of those provided by the Company ("Company Skills") and those provided by third parties (including those used via an API; "Third-Party Skills").

(10) "Approval Step" means the procedure prescribed by the Service in which the User reviews and approves the content and safety of a Program or Skill before it is deployed to or executed on the Hardware.

(11) "Collected Data" means video, audio, images, coordinate data, sensor data and other data recorded or obtained through the use of the Service, together with their metadata, labels and annotations.

(12) "Usage Data" means operation history, records of approval and deployment, logs, error information, performance information and other information obtained by the Company in connection with the use of the Service, excluding Collected Data.

(13) "User Models" means AI models trained or developed by the User using the Service.

(14) "Worker" means the User himself or herself as recorded in the Collected Data.

(15) "PAC Exchange" means the data trading platform operated by the Company, and "Data Supply Agreement" means an agreement entered into between the Company and the User concerning the listing of datasets on PAC Exchange.

(16) "Documents" means user manuals, safety precautions, specifications, the list of Recommended Hardware and other materials provided by the Company.

(17) "Critical Update" means an update designated by the Company as necessary to be applied in order to ensure safety or security.

(18) "Accident, Etc." means death or injury of persons, damage to property, unintended operation of Hardware, and any event that could have led to any of the foregoing, arising in connection with the operation of Hardware using the Service.

(19) "Airion" means Airion Inc., an affiliate of the Company.

Article 3 (Application)

1　The Application Form, Appendix 1 (Additional Regional Terms), Appendix 2 (Information on Provision to Third Parties in Foreign Countries) and the Documents form part of this Agreement.

2　In the event of any conflict between the main body of this Agreement and Appendix 1, Appendix 1 shall prevail to the extent applicable to the Usage Region. If the Application Form contains provisions different from this Agreement, the Application Form shall prevail only with respect to matters for which it expressly so states.

3　The Documents shall be subordinate to the main body of this Agreement, the Appendix and the Application Form; provided, however, that the safety precautions in the Documents shall apply together therewith as specifying the content of the User's obligation to ensure safety.

Article 4 (Formation of Agreement and User Requirements)

1　This Agreement shall be formed when the Company accepts the User's Application Form. By agreeing to these Terms when submitting the Application Form, the User agrees that the individual provisions of these Terms also form the content of this Agreement.

2　These Terms apply to individuals who use the Service not as a business or for the purpose of a business. Corporations and individuals who use the Service as a business or for the purpose of a business are subject to the separate service agreement for business users specified by the Company, and these Terms do not apply to them.

3　Users are limited to persons who are 18 years of age or older and have reached the age of majority under the laws of the country or region in which they reside.

Chapter 2　The Service

Article 5 (Content of the Service)

1　The Company shall provide the Service to the User in accordance with the Usage Plan in the Application Form.

2　For Self-Use, the Company shall provide guidance on hardware setup procedures, assistance in creating Programs, support for the selection and use of physical AI models, and support for the development of User Models.

3　For Data Collection Use, the Company shall provide support for building the data collection environment, functions for recording, labeling and masking data, functions for managing notices to and records of consent from Workers, and support for preparing listings on PAC Exchange.

4　The Service supports the User's construction and operation of robot systems, and the Company does not design, install or operate robot systems on behalf of the User. Equipment layouts, settings, Skills, models and other suggestions presented by the Service are provided for reference in the User's judgment and do not replace the risk assessment and safety judgment to be made by the User.

5　Where the Usage Plan is both Self-Use and Data Collection Use, whether Collected Data was collected under either use shall be determined by the classification set by the User on the Service for each project or other unit. If the User does not set a classification, the data shall be deemed to have been collected under Self-Use.

6　The Service does not include installation, configuration or other services relating to Hardware provided by Airion or other third parties under separate agreements ("Setup Services"). If the User uses Setup Services, they shall be governed by the agreement with the provider thereof.

Article 6 (Accounts)

1　The User shall register an account by the method designated by the Company. The User shall use the account personally and shall not allow any third party to use it.

2　The User shall properly manage the ID and password. The Company may treat any operation performed using the ID (including approval in the Approval Step) as an operation by the User; provided, however, that this shall not apply if the User is not at fault, whether intentionally or negligently, for unauthorized use of the ID or password.

Article 7 (Hardware)

1　The User shall procure, install and maintain the Hardware at its own responsibility and expense.

2　The Company's indication of Recommended Hardware is limited to providing information to the extent the Company has confirmed operation with the Service. The Company does not warrant the performance, quality or safety of the Hardware or its fitness for the User's purposes. Liability for defects in the Hardware shall be borne by its manufacturer or seller.

3　When using Hardware other than Recommended Hardware, the User shall confirm its compatibility and safety with the Service at the User's own responsibility. The Company shall not be liable for any event arising from the combination with Hardware other than Recommended Hardware, except where due to reasons attributable to the Company; provided, however, that this shall not apply if the Company has approved such use in writing.

4　The Service does not replace the emergency stop, speed and force limitation or other safety functions provided in the Hardware (including robot controllers).

Article 8 (Skills)

1　The Company shall list in the Documents the Skills available on the Service.

2　Third-Party Skills shall be used in accordance with the terms of use specified by their providers. In using Third-Party Skills, the User shall agree to and comply with the providers' terms of use.

3　The Company shall make available on the Service only those Third-Party Skills whose source code is disclosed and can be reviewed by the User. The Company does not warrant the accuracy, safety or non-infringement of third-party rights of Third-Party Skills. The User shall use Third-Party Skills after reviewing their source code and in accordance with the review procedures and conditions of use set forth in the Documents. The User shall use Third-Party Skills at its own discretion and responsibility.

4　If the Company determines that a Skill has a safety or security problem, it may suspend or restrict its use without prior notice. If the Company suffers damage arising from a Third-Party Skill (including where the Company has compensated the User or any other third party for damage), the Company may seek reimbursement from its provider, and the User shall provide information and other cooperation necessary therefor.

Article 9 (Updates)

1　The Company may provide updates to the Service from time to time.

2　When providing a Critical Update, the Company shall notify the User through the Service and indicate the deadline for application. The User shall apply the Critical Update by such deadline. The Company may automatically apply a Critical Update after giving notice through the Service; provided, however, that if a Critical Update causes changes to a Program or Skill already deployed to the Hardware, such deployment shall be made through the Approval Step under Article 12.

3　If the User fails to apply a Critical Update by the deadline set forth in the preceding paragraph, the Company may suspend the use of all or part of the relevant functions.

4　Any Accident, Etc. or other damage arising from the failure to apply a Critical Update shall be borne by the User; provided, however, that this shall not apply if the update could not be applied due to reasons attributable to the Company.

Article 10 (Changes to and Suspension of the Service)

1　The Company may change the content of the Service. When making a change that will have a material effect on the User, the Company shall notify the User at least 30 days before the effective date.

2　The Company may suspend the Service for scheduled maintenance notified in advance.

3　The Company may suspend all or part of the Service without prior notice in any of the following cases:

(1) where a danger to the life, body or property of any person has arisen or is likely to arise;

(2) where a serious defect or vulnerability in the Service has been discovered;

(3) where the User has breached or is likely to breach this Agreement; or

(4) where necessary under laws and regulations or orders of government authorities.

4　The Company shall be liable for damage incurred by the User due to suspension under the preceding paragraph to the extent set forth in Article 27; provided, however, that the Company shall not be liable for suspension under item (1), (3) or (4) of that paragraph that is not attributable to the Company.

Chapter 3　Safety and Obligations of the User

Article 11 (Ensuring Safety)

1　The User shall ensure safety, at its own responsibility, in the design, installation, configuration, operation and maintenance of robot systems using the Hardware and Programs (including data collection environments).

2　In order to fulfil the responsibility in the preceding paragraph, the User shall take at least the following measures:

(1) before operating a Program or Skill on actual equipment, conduct a risk assessment and take measures based on its results;

(2) properly configure the emergency stop, speed and force limitation, range-of-motion limitation and other safety functions of the Hardware, as well as safety fences, sensors and other protective devices, and not use the Service as a substitute for them;

(3) take measures in accordance with laws and regulations;

(4) comply with the safety precautions and conditions of use in the Documents;

(5) inform persons living with the User and other persons around the robot system of the dangers, and keep children and other persons unable to understand the dangers away from the robot system; and

(6) establish a system to immediately stop the Hardware in the event of an abnormality and to report to the Company.

3　The Company has no obligation to advise on the content of the safety measures for the User's robot system. Even if the Company provides information on safety, the User shall decide on its adoption and implementation at its own discretion.

Article 12 (Approval Step)

1　The Company shall always provide an Approval Step for deploying or executing a Program or Skill on the Hardware, and shall not provide any function for doing so without the Approval Step; provided, however, that this shall not apply if the Company and the User have agreed in writing, subject to satisfying the safety conditions separately specified by the Company (meaning isolation by safety fences, etc., implementation of a risk assessment and other conditions). Except in the case of the proviso to the preceding sentence, the User shall go through the Approval Step before deploying or executing a Program or Skill on the Hardware.

2　Approval in the Approval Step shall be given by the User personally. The User shall give approval after acquiring the knowledge necessary for the operation and safety of the Hardware.

3　The User shall not omit, disable or circumvent the Approval Step.

4　Programs, Skills, settings and other outputs generated or suggested by the Service using artificial intelligence may contain errors. The User shall review their content in the Approval Step.

Article 13 (Prohibited Acts)

In using the Service, the User shall not engage in any of the following acts:

(1) acts that violate laws and regulations;

(2) operating the Hardware in a manner in which danger to human life or body can be foreseen;

(3) using the Service for the development, manufacture or use of weapons or other military purposes, or for uses prohibited in the Documents;

(4) circumventing or disabling the Approval Step, the safety functions of the Service or access controls;

(5) disassembling, decompiling or reverse engineering the Service (except to the extent permitted by law);

(6) allowing third parties to use the Service or reselling the Service;

(7) acts that infringe the intellectual property rights or other rights of the Company or third parties; and

(8) placing an excessive load on the Service, unauthorized access or other acts that interfere with the operation of the Service.

Article 14 (Restrictions on Modification)

1　The User shall not modify the Service, Company Skills or Third-Party Skills, except through customization functions permitted in the Documents.

2　If the User makes modifications in violation of the preceding paragraph, or makes modifications through customization functions permitted in the Documents, the User shall be responsible for the modified portions and any events arising therefrom. The Company shall not provide the warranty under Article 26 for the modified portions.

Chapter 4　Data

Article 15 (Rights to and Management of Collected Data)

1　Rights relating to Collected Data (including intellectual property rights, if any arise) are reserved to the User or the legitimate right holders and shall not be transferred to the Company under this Agreement.

2　The User shall record, obtain and manage Collected Data at its own responsibility.

3　The Company shall process Collected Data based on the User's instructions or settings for the purpose of providing the Service. The storage location of Collected Data shall be as set forth in Article 19.

Article 16 (Use by the Company)

1　The User grants the Company a free-of-charge, worldwide, perpetual, non-exclusive license to use Collected Data and Usage Data (including reproduction, processing, analysis and training of AI models) for the following purposes:

(1) provision, maintenance and safety improvement of the Service;

(2) internal analysis by the Company;

(3) improvement of the Company's models and services;

(4) training and evaluation of AI models developed by the Company for commercial purposes; and

(5) providing to third parties or selling, after applying the processing set forth in the following Article, Collected Data collected under Self-Use only.

2　Collected Data collected under Data Collection Use shall be provided to third parties by the User through PAC Exchange in accordance with the Data Supply Agreement, and the Company shall not provide such data to third parties or sell it.

3　The Company may have Airion carry out the uses under items (1) through (4) of Paragraph 1 for Airion's business. In carrying out the uses under items (1) through (4) of Paragraph 1, the Company shall not disclose or publish Collected Data to any third party (other than Airion); provided, however, that this shall not apply to disclosure to the Company's contractors.

4　The User may exclude the use under item (5) of Paragraph 1 (an "Opt-Out") in the Application Form or by giving notice by the method designated by the Company, and may withdraw an Opt-Out. The following shall apply to an Opt-Out:

(1) An Opt-Out may exclude only the use under item (5) of Paragraph 1. The User may not exclude the uses under items (1) through (4) of that paragraph (including those carried out by Airion under Paragraph 3).

(2) The User may also make an Opt-Out where it intends to list Collected Data from Self-Use on PAC Exchange itself.

(3) For Collected Data for which the Company has granted an exclusive license under Paragraph 7, the restrictions under that paragraph shall not cease even if an Opt-Out is made. The Company shall expressly state this in the selection field of the Application Form.

(4) Within 30 days from the date of receipt of the notice of Opt-Out, the Company shall withdraw the listing on PAC Exchange of the User's Collected Data (including data obtained by the Company before the notice) and shall not thereafter provide such data to third parties or sell it.

(5) An Opt-Out shall not affect Collected Data that the Company has provided or sold to, or licensed for use by, third parties by the time it receives the notice. Such third parties may continue to use such Collected Data in accordance with the terms of such provision, sale or license.

(6) The Company shall not return to the User any consideration or other proceeds obtained through the use under item (5) of Paragraph 1 by the time it receives the notice (including proceeds subsequently received from the third parties referred to in the preceding item).

5　In carrying out the uses under Paragraph 1, the Company shall not disclose to third parties the User's name or any other information that could identify the User.

6　The license under Paragraph 1, insofar as it relates to items (2) through (5) of that paragraph, shall survive the termination of this Agreement with respect to Collected Data and Usage Data obtained by the Company by the time of termination; provided, however, that in the case set forth in Article 18, Paragraph 7, that paragraph shall apply.

7　In providing or selling Collected Data to a third party under item (5) of Paragraph 1, the Company may grant such third party an exclusive license without a fixed term. In choosing not to exclude the use under item (5) of Paragraph 1, the User accepts that the Company may grant a license under this paragraph. In such case, the Company shall notify the User of the relevant Collected Data, and the User shall not provide such Collected Data to third parties, sell it, or list it on PAC Exchange. The User may use such Collected Data only for the User's own use. After granting a license under this paragraph, the Company shall not use such Collected Data for the purposes under items (2) through (4) of Paragraph 1 and shall not allow Airion to use it; provided, however, that this shall not prevent the use of models trained using such Collected Data before such license.

Article 17 (Processing Before Provision to Third Parties)

When providing Collected Data to third parties under item (5) of Paragraph 1 of the preceding Article, the Company shall in advance remove the User's name, address and other information that could identify the User.

Article 18 (Persons Recorded and Handling of Rights)

1　The User shall record only the User himself or herself with the Service and shall not record any person other than the User (including family members, acquaintances and others). If a person other than the User is recorded in Collected Data, the User shall, before transmitting it to the Company, erase that portion or mask it so that no specific individual can be identified.

2　Before transmitting Collected Data to the Company, the User shall in all cases remove faces, voices and other information that could identify a specific individual, using the masking function of the Service or other methods. The User shall not transmit to the Company Collected Data from which such information has not been removed.

3　The User shall take measures to ensure that confidential information of third parties and other information that may infringe the rights of third parties is not recorded in Collected Data.

4　The User shall transmit Collected Data to the Company after taking the measures in the preceding three paragraphs (including the masking under Paragraph 2).

5　At the Company's request, the User shall explain to the Company that it has taken the measures under Paragraphs 1 through 3.

6　The Company does not warrant the accuracy of the masking function or other functions of the Service. The User shall check the results of masking before transmission.

7　The User may, by the method designated by the Company, request suspension of use or erasure of Collected Data relating to the User. The Company shall suspend the use of and erase the requested Collected Data that it holds and has not provided to third parties. Models already trained may continue to be used, unless otherwise provided by law, unless they can reproduce or restore the Collected Data (meaning that the original records can be extracted in a form that substitutes for the Collected Data, including models that can output video frames or sensor time series in substantially the same form as the original or output information that could identify the User; making movements similar to the learned motions does not fall under this).

8　Requests from individuals other than the User (including those relating to incidental capture in Collected Data) shall be handled by the Company in accordance with law, and the User shall cooperate to a reasonable extent.

9　If the User holds copyrights or other rights in Collected Data (including the rights provided for in Articles 27 and 28 of the Copyright Act), the User grants the Company a license to the extent necessary for the Company's use under this Agreement (including the uses set forth in Article 16 (including provision to third parties) and the processing under Article 17), and shall not exercise moral rights of authors against the Company, persons who receive Collected Data from the Company, or their successors (including with respect to masking, trimming, re-encoding, annotation and other modifications).

Article 18-2 (Handling of Personal Information)

1　The Company shall use personal information obtained in connection with this Agreement (including the User's name and contact details and personal information contained in Collected Data) for the following purposes:

(1) provision of the Service, performance of this Agreement and communications relating thereto;

(2) the use of Collected Data and Usage Data set forth in Article 16, Paragraph 1 (including training, development and improvement of AI models and provision to third parties); and

(3) other purposes set forth in the Company's privacy policy.

2　When the User submits the Application Form, the Company shall present to the User the matters specified by the Company and the information on provision to third parties in foreign countries in Appendix 2. In the Application Form, the User consents to the provision of Collected Data relating to the User to the Company and to the provision by the Company to third parties in Japan and abroad (including provision under Articles 27 and 28 of the Act on the Protection of Personal Information) (including transmission to providers of external AI services under Article 19, Paragraph 3). This consent shall be given separately from the consent to these Terms.

3　When providing Collected Data to third parties (including third parties in foreign countries), the Company shall impose the following obligations on the recipient in its agreement with the recipient:

(1) not to use Collected Data for any purpose other than that set forth in the agreement (training, development and improvement of AI models);

(2) not to attempt to identify Workers from Collected Data;

(3) not to provide Collected Data to any third party without the Company's prior written consent, and, when providing it to a third party with the Company's consent, to impose on such third party obligations equivalent to those in each item of this paragraph;

(4) to take security control measures to prevent leakage, etc. of Collected Data; and

(5) in the event of leakage, etc. of Collected Data, to promptly notify the Company and take necessary measures.

4　The Company may jointly use personal data contained in Collected Data with Airion. The items of personal data to be jointly used, the scope of joint users, the purposes of use of the users, and the name of the person responsible for the management of such personal data are set forth in the Company's privacy policy.

5　In accordance with the Act on the Protection of Personal Information, the User may request disclosure, correction, suspension of use, erasure or other actions with respect to the User's retained personal data held by the Company. The Company shall respond in accordance with law.

Article 19 (Storage Location of Data and Cross-Border Transfer)

1　The User shall transmit all Collected Data collected using the Service to the Company by the method prescribed by the Service. The Company shall store Collected Data received from the User on a cloud service managed by Airion on the Company's behalf (limited to services using servers located in Japan). The on-premises version separately provided by the Company (meaning a version that stores Collected Data on the User's equipment and does not transmit it to the Company) is not included in the Service and shall be governed by a separate agreement between the Company and the User.

2　For its own use of Collected Data, the User may store it, through the Service, on a cloud storage service or other storage destination contracted by the User itself (a "User Storage"). The User shall be responsible for the contract, costs, settings and security of the User Storage. The Company's storage under Paragraph 1 is for the uses under Article 16 and other purposes of the Company, and the Company has no obligation to keep Collected Data for the User.

3　If the User, through the settings of the Service, uses automatic evaluation by AI, assistants or other functions designated by the Company, the Company shall transmit part of the Collected Data (such as images extracted from video), to the extent necessary to provide such functions, to providers of external AI services located in foreign countries. The names and countries of such providers are set forth in the Documents and Appendix 2. These functions are disabled by default and are used only if the User enables them through the settings of the Service. The User may disable these functions at any time.

4　If the laws and regulations of the Usage Region require procedures for the transfer of Collected Data outside the country (such as entering into agreements, filing with or assessment by authorities, or consent of the data subject), both parties shall carry out the necessary procedures in accordance with Appendix 1.

5　The User shall not transmit to the Company any data whose transfer outside the country is prohibited or restricted under the laws and regulations of the Usage Region (limited to data for which such procedures have not been completed).

Article 20 (Use and Export by the User)

1　The User may use Collected Data, Programs and User Models for itself.

2　During the term of this Agreement and for 30 days after its termination, the User may export, by the method designated by the Company, those Programs and User Models that are kept by the Company.

Article 21 (Relationship with PAC Exchange)

1　When the User lists Collected Data collected under Data Collection Use on PAC Exchange, it shall separately enter into a Data Supply Agreement.

2　This Agreement does not obligate the User to list on PAC Exchange.

3　With respect to the handling of datasets listed on PAC Exchange (including use by the Company), the Data Supply Agreement shall prevail over this Agreement from the time of listing.

4　The consent record management, masking and other functions of the Service assist with the representations and warranties of the provider and the obtaining of consents set forth in the Data Supply Agreement, and the use of these functions shall not reduce the responsibility of the User (as provider) under the Data Supply Agreement.

Chapter 5　Intellectual Property

Article 22 (Rights in the Service)

1　Intellectual property rights in the Service, Company Skills and the Documents belong to the Company or the persons who have licensed them to the Company.

2　The Company grants the User, during the term of this Agreement, a non-exclusive, non-transferable and non-sublicensable right to use the Service within the scope of the Usage Plan and Usage Region in the Application Form.

3　If the Service includes open source software, its terms of use shall apply in priority to this Agreement. The Company shall indicate a list thereof in the Documents.

Article 23 (Ownership of Programs and User Models)

1　Rights in Programs and User Models created by the User using the Service belong to the User; provided, however, that rights in the components of the Service and Company Skills are reserved to the Company.

2　The User grants the Company a free-of-charge license to use Programs and User Models for the purposes under items (1) through (3) of Article 16, Paragraph 1. The Company shall not disclose, provide or sell Programs or User Models to third parties without the User's written consent.

3　If rights arise under law in Programs or other outputs generated by the Service using artificial intelligence, such rights belong to the User. The Company does not warrant that rights arise in such outputs or that such outputs do not infringe the rights of third parties.

Article 24 (Feedback)

If the User provides the Company with opinions, requests or suggestions for improvement regarding the Service, the Company may use them freely and free of charge.

Chapter 6　Free-of-Charge Provision

Article 25 (Free-of-Charge Provision)

The Service is provided free of charge. The Company shall not charge the User any fees or other consideration under this Agreement.

Chapter 7　Warranties, Limitation of Liability and Indemnification

Article 26 (Scope of Warranty)

1　The Company shall make reasonable efforts to ensure that the Service operates in accordance with the functions described in the Documents.

2　EXCEPT AS PROVIDED IN THE PRECEDING PARAGRAPH, THE COMPANY PROVIDES THE SERVICE "AS IS" AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, SAFETY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH LAWS AND REGULATIONS, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OF THE SERVICE, PROGRAMS, OUTPUTS OF ARTIFICIAL INTELLIGENCE, RESULTS OF MODEL SELECTION, RECOMMENDED HARDWARE OR THIRD-PARTY SKILLS; PROVIDED, HOWEVER, THAT THIS SHALL NOT APPLY TO WARRANTIES THAT CANNOT BE EXCLUDED UNDER LAW.

3　The Company does not warrant that the Service will operate without interruption or error.

Article 27 (Limitation of the Company's Liability)

1　The Company's liability for damages to the User in connection with this Agreement or the Service, whether based on default, tort or any other cause of action, shall be limited to ordinary and direct damages actually incurred by the User due to reasons attributable to the Company, and shall not include lost profits, indirect damages, special damages, or damages due to loss of data or interruption of business.

2　The amount of damages under the preceding paragraph shall be capped at 100,000 yen.

3　The preceding two paragraphs shall not apply in the following cases:

(1) where caused by the Company's willful misconduct or gross negligence; and

(2) where liability cannot be limited or excluded under the laws and regulations of the Usage Region (to that extent).

(3) damages arising from injury to life or body.

4　If both reasons attributable to the Company and the events under any item of Paragraph 1 of the following Article or other reasons attributable to the User have caused damage, the Company's liability shall be reduced in proportion to their respective contributions.

5　This Article shall also apply to the liability of the Company's officers and employees to the User.

Article 28 (Indemnification by the User)

1　If any claim or other assertion (including investigations and dispositions by administrative agencies) is made against the Company by a third party (including persons living with the User and neighbors), or the Company incurs damage (including compensation to third parties, settlement payments, reasonable attorneys' fees and investigation costs), arising from any of the following events, the User shall compensate the Company for the damage incurred (including attorneys' fees within a reasonable range); provided, however, that this shall not apply where the event is not due to reasons attributable to the User.

(1) breach of this Agreement or the conditions of use in the Documents;

(2) operation carried out without going through the Approval Step or by omitting, disabling or circumventing it;

(3) use of Hardware other than Recommended Hardware (except as approved in writing by the Company) or improper installation or maintenance of Hardware;

(4) failure to take the measures under Article 11, Paragraph 2 or other safety measures to be taken by the User;

(5) failure to apply a Critical Update by the deadline under Article 9, Paragraph 2;

(6) modification of the Service, Company Skills or Third-Party Skills;

(7) the content of Programs created or approved by the User (except as caused by defects in the Service);

(8) failure to take the measures under Article 18 or other violations of law or infringements of third-party rights relating to the recording or obtaining of Collected Data or its provision to the Company; and

(9) in addition to the preceding items, the User's willful misconduct or negligence.

2　Even in the case of the preceding paragraph, if reasons attributable to the Company have also contributed, the amount of the User's compensation shall be reduced in proportion to their respective contributions.

3　The Company shall promptly notify the User upon receiving a claim, etc. under Paragraph 1. The User shall not, without the Company's consent, enter into any settlement that causes the Company to admit liability or imposes obligations on the Company. The Company may participate in the defense with counsel of its own choosing.

4　If the Company is able to seek reimbursement from a third party (including providers of Third-Party Skills and manufacturers of Hardware), the User shall provide materials and other necessary cooperation.

Chapter 8　Response to Accidents, Etc.

Article 29 (Reporting of Accidents, Etc., Retention of Records and Cooperation)

1　If an Accident, Etc. occurs, the User shall immediately take measures to prevent the spread of damage, such as stopping the Hardware, and promptly notify the Company.

2　The Company shall retain records of approvals in the Approval Step, records of deployment of Programs and Skills, versions of Programs, Skills and the Service, and operation logs for 3 years.

3　The User shall retain logs of the Hardware (including robot controllers), video before and after an Accident, Etc., work records and other records necessary for investigating the cause of an Accident, Etc., and, if an Accident, Etc. occurs, shall not erase or alter them until it has consulted with the Company.

4　In order to investigate the cause of an Accident, Etc., each party shall, at the request of the other party, provide the records under the preceding two paragraphs, settings, Programs and other necessary information.

5　If there is an investigation by an administrative agency, a claim from a third party, litigation or other proceedings in connection with an Accident, Etc., both parties shall provide materials, explain the facts and provide other necessary cooperation. The costs of cooperation shall be borne in accordance with Articles 27 and 28 depending on the results of the investigation of the cause.

Article 30 (Defects and Vulnerabilities)

1　If the Company becomes aware of a defect or vulnerability in the Service affecting safety or security, it shall notify the User without delay and provide a workaround or a Critical Update.

2　Upon receiving the notice under the preceding paragraph, the User shall promptly implement the workaround or apply the Critical Update and, if necessary, stop using the relevant function.

3　If the User becomes aware of a defect or vulnerability in the Service, it shall notify the Company without delay.

Chapter 9　Confidentiality

Article 31 (Confidentiality)

1　Each party shall not disclose to any third party, without the other party's prior written consent, the technical or business information of the other party learned in connection with this Agreement (including Collected Data, Programs and User Models; "Confidential Information"), and shall not use it for any purpose other than the purpose of this Agreement; provided, however, that this excludes the Company's use under Article 16 and Article 23, Paragraph 2, and provision after applying the processing under Article 17.

2　The following information is not included in Confidential Information:

(1) information that was already publicly known at the time of disclosure or became publicly known after disclosure through no fault of the recipient;

(2) information already held by the recipient at the time of disclosure;

(3) information obtained from a third party with legitimate authority without any obligation of confidentiality; and

(4) information independently developed by the recipient without reliance on Confidential Information.

3　Each party may disclose Confidential Information when required to do so under laws and regulations or orders of government agencies, when disclosing to attorneys or other professionals bound by confidentiality obligations, and when disclosing to contractors after imposing obligations equivalent to this Agreement.

4　The Company shall not disclose to any third party the fact that the User is using the Service without the User's written consent.

5　The obligations under this Article shall survive for 3 years after the termination of this Agreement; provided, however, that with respect to Collected Data, they shall survive as long as the User manages it as confidential.

Chapter 10　Term, Cancellation, Termination and Measures upon Termination

Article 32 (Term)

This Agreement shall be effective from the date of its formation until the date on which the User withdraws or this Agreement ends by cancellation or termination.

Article 33 (Cancellation, Termination and Suspension of Use)

1　The User may withdraw and cancel this Agreement at any time by the method designated by the Company. The Company may cancel this Agreement by notifying the User at least 30 days in advance.

2　Either party may terminate this Agreement if the other party falls under any of the following:

(1) it has materially breached this Agreement and fails to cure the breach within a reasonable period after being demanded to do so;

(2) it has breached Article 35.

3　If the User breaches Article 11, 12, 13 or 14, or if the Company reasonably determines that the use of the Service is likely to cause danger to human life or body, the Company may, without demand, suspend all or part of the User's use of the Service or terminate this Agreement.

Article 34 (Measures upon Termination)

1　Upon termination of this Agreement, the User shall cease using the Service.

2　The Company shall, without delay after the expiration of the period under Article 20, Paragraph 2, erase the Collected Data, Programs and User Models held by the Company; provided, however, that this shall not apply to the following:

(1) data held for the uses that survive under Article 16, Paragraph 6;

(2) the records under Article 29, Paragraph 2;

(3) data retained to the extent necessary for compliance with laws and regulations or the resolution of disputes; and

(4) datasets listed on PAC Exchange (subject to the Data Supply Agreement).

3　Even after the termination of this Agreement, the second sentence of Article 8, Paragraph 4, Article 9, Paragraph 4, Article 14, Paragraph 2, Article 15, Paragraph 1, Article 16, Paragraphs 2, 3, 5 and 6, Article 17, Article 18, Paragraphs 4 through 8, Article 20, Paragraph 2, Article 21, Paragraphs 3 and 4, Article 22, Paragraph 1, Article 23, Article 24, Articles 26 through 28, Article 29, Article 31, this Article and Chapter 11 shall remain in effect.

Chapter 11　General Provisions

Article 35 (Exclusion of Anti-Social Forces)

Each party represents that neither it (including, in the case of the Company, its officers) is an organized crime group or other anti-social force and that it has no relationship with anti-social forces, and warrants the same for the future.

Article 36 (Export Control and Sanctions)

1　In using, exporting and providing the Service, Programs, User Models and Collected Data, the User shall comply with the Foreign Exchange and Foreign Trade Act, the U.S. Export Administration Regulations and other applicable export control and economic sanctions laws and regulations.

2　If the User or its related parties become subject to sanctions, or the Usage Region becomes subject to sanctions, the Company may suspend the provision of the Service or terminate this Agreement.

Article 37 (Assignment of Rights and Obligations)

Neither party shall assign to any third party or pledge as security its contractual status under this Agreement or its rights or obligations under this Agreement without the other party's prior written consent; provided, however, that this shall not apply where the Company transfers its contractual status under this Agreement together with the business of the Service in connection with a merger, company split or business transfer.

Article 38 (Force Majeure)

A party shall not be liable for delay in or impossibility of performance of this Agreement due to natural disasters, war, riots, epidemics, power outages, accidents involving communication facilities, suspension of external services such as cloud services, enactment, amendment or repeal of laws and regulations, unauthorized access, computer viruses or other cyberattacks occurring despite such party having taken reasonable security control measures, or other reasons not attributable to the parties; provided, however, that this shall not apply to obligations to pay money.

Article 39 (Notices)

Notices under this Agreement shall be given by transmission to the email address stated in the Application Form, display on the Service, or other methods designated by the Company.

Article 40 (Amendment of this Agreement)

1　The Company may amend these Terms without the individual consent of the User pursuant to Article 548-4 of the Civil Code in any of the following cases:

(1) where the amendment conforms to the general interests of Users; or

(2) where the amendment does not contravene the purpose of this Agreement and is reasonable in light of the necessity of the amendment, the appropriateness of the amended content and other circumstances relating to the amendment.

2　When making an amendment under the preceding paragraph, the Company shall, at least 30 days before the effective date, make known that these Terms will be amended, the content of the amended Terms and the effective date, by posting on the Company's website or by other appropriate methods. If the User does not agree to the amendment, the User may withdraw by the day before the effective date.

Article 41 (Severability)

Even if any part of this Agreement is held invalid or unenforceable, the remaining parts shall continue in effect.

Article 42 (Language)

The Japanese version of this Agreement shall be the original. Translations into English or other languages are for reference only, and in the event of any discrepancy between the original and a translation, the original shall prevail; provided, however, that if the laws and regulations of the Usage Region require a contract in the local language, Appendix 1 shall apply.

Article 43 (Governing Law)

This Agreement and all legal relationships relating to this Agreement (including those relating to tort and other non-contractual liability) shall be governed by and construed in accordance with the laws of Japan; provided, however, that this shall not prevent the application of mandatory provisions of the laws and regulations of the Usage Region.

Article 44 (Dispute Resolution)

1　With respect to any dispute relating to this Agreement or the Service (including those relating to tort and other non-contractual liability), the Tokyo District Court or the Tokyo Summary Court shall have exclusive agreed jurisdiction as the court of first instance; provided, however, that if the User is domiciled outside Japan and the courts of the User's domicile have jurisdiction under the laws of that place, the User may bring an action in such courts.

2　The preceding paragraph shall not prevent either party from petitioning a court having jurisdiction for provisional remedies in order to prevent the spread of an Accident, Etc. or to protect confidential information.

Supplementary Provisions

These Terms shall come into effect on November 13, 2026.

Appendix 1　Additional Regional Terms

This Appendix applies to the Usage Region stated in the Application Form and, to the extent of any conflict with the main body, shall prevail over the main body (Article 3, Paragraph 2).

A　EU (Member States of the European Union)

A-1 (Limitation of Liability and Nature of Indemnification)

1　Article 27 shall not apply to the following liabilities:

(1) liability for death or personal injury;

(2) liability for willful misconduct or gross negligence; and

(3) liability that cannot be limited or excluded under the laws of Member States implementing the Directive on liability for defective products ((EU) 2024/2853) or other laws.

2　The indemnification under Article 28 sets forth the final allocation of burden between the User and the Company and does not determine whether or to what extent the Company is liable to injured parties.

A-2 (Protection of Personal Data)

1　If Collected Data or other information handled under this Agreement includes personal data under the General Data Protection Regulation (GDPR), the Company shall be the User's processor for processing to provide the Service (Article 16, Paragraph 1, item (1)), and the Company shall be an independent controller for use for its own purposes (Article 16, Paragraph 1, items (2) through (5) and Article 23, Paragraph 2).

2　The parties shall separately enter into a data processing agreement including the matters set forth in Article 28 of the GDPR with respect to processing as a processor under the preceding paragraph.

3　Transfers of personal data from within the EU to Japan shall be made on the basis of the adequacy decision for Japan. When the Company further transfers such data to third parties outside Japan, it shall take standard contractual clauses or other measures set forth in Chapter V of the GDPR.

4　With respect to use by the Company as a controller, the User shall cooperate in providing information to Workers (Articles 13 and 14 of the GDPR) and other matters necessary for the Company to process lawfully.

A-3 (Recording of Workers and Labor Relations)

Before recording Workers, the User shall consult with or obtain the agreement of employee representatives under the labor laws of the Member State (including co-determination by the works council under Section 87(1), No. 6 of the German Works Constitution Act).

A-4 (Regulations on Machinery, AI and Cybersecurity)

1　If the User configures a robot system by combining Hardware and Programs, the User shall determine whether obligations as a manufacturer under the Machinery Regulation ((EU) 2023/1230, applicable from January 20, 2027) or other product safety laws (including conformity assessment, preparation of technical documentation and CE marking) arise for the User, and shall fulfil the necessary obligations. At the User's request, the Company shall provide technical information on the Service to a reasonable extent.

2　To the extent the Cyber Resilience Act ((EU) 2024/2847) applies to the Service, the Company shall fulfil the obligations to report vulnerabilities and severe incidents and other obligations, and the User shall cooperate in providing the information necessary therefor.

A-5 (Consumer Protection)

If the User is a consumer, these Terms shall not prevent the application of consumer protection provisions of the laws of the country in which the User has his or her habitual residence that cannot be derogated from by agreement (Article 6 of the Rome I Regulation). The User may bring an action in the courts of the User's domicile, and any action brought by the Company against the User may be brought only in the courts of the User's domicile (Article 18 of the Brussels I Regulation (recast)).

B　United Kingdom

B-1 (Limitation of Liability)

Article 27 shall not apply to liability for death or personal injury resulting from negligence or other liability that cannot be limited or excluded under law (including under Section 2(1) of the Unfair Contract Terms Act 1977). Other limitations of liability shall apply to the extent they satisfy the requirement of reasonableness under that Act.

B-2 (Protection of Personal Data)

A-2 shall apply mutatis mutandis to the UK GDPR. Transfers of personal data from the United Kingdom to Japan shall be made on the basis of the UK adequacy regulations and, where necessary, the International Data Transfer Agreement (IDTA) or the UK Addendum to the standard contractual clauses shall be used.

B-3 (Safety)

The User shall install and operate robot systems in accordance with the Provision and Use of Work Equipment Regulations 1998 (PUWER) and other UK health and safety laws.

B-4 (Consumer Protection)

If the User is a consumer, these Terms shall not prevent the application of provisions of the Consumer Rights Act 2015 and other UK consumer protection provisions that cannot be excluded by agreement. The User may bring an action in the courts of the United Kingdom.

C　United States

C-1 (Disclaimer of Warranties)

Article 26, Paragraph 2 is intended to include the disclaimer of the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In the English version, that provision shall be displayed in capital letters or another conspicuous manner.

C-2 (Limitation of Liability)

Article 27 shall not apply to liability that cannot be limited or excluded under state law (including liability for willful misconduct or gross negligence, fraud or violation of law).

C-3 (Safety)

The User shall take measures based on the general duty clause of the Occupational Safety and Health Act (OSH Act), ANSI/A3 R15.06 and other industry standards.

C-4 (Biometric Information)

If there is a risk that Collected Data contains face geometry or other biometric identifiers, the User shall comply with the requirements for written notice, consent and retention policies under the Illinois Biometric Information Privacy Act (BIPA) and other state laws, and shall mask such information before transmitting it to the Company.

C-5 (State Privacy Laws)

If the California Consumer Privacy Act (CCPA, including personal information of employees) or other state laws apply, the parties shall distinguish between processing carried out by the Company as a service provider and use for the Company's own purposes, and shall separately set forth the contractual terms required under state law.

D　China

D-1 (Limitation of Liability)

Article 27 shall not apply to liability for personal injury or liability for property damage caused by willful misconduct or gross negligence (Article 506 of the Civil Code).

D-2 (Presentation and Explanation of Terms)

The Company shall indicate Articles 26 through 28, Article 44 and other terms having a material interest in the User's liability in bold or by other reasonable means, and shall explain them at the User's request (Article 496 of the Civil Code).

D-3 (Protection of Personal Information)

If Collected Data collected in China contains personal information, the User shall provide notice and obtain consent under the Personal Information Protection Law (including separate consent for sensitive personal information with respect to faces and other biometric information). When providing such data outside China, the User shall go through the procedures under Article 38 of that Law (security assessment, personal information protection certification or standard contract) and obtain separate consent under Article 39. When the Company provides such data to third parties under Article 16, Paragraph 1, item (5), and when a recipient further provides it to third parties with the Company's consent, the User shall, at the Company's request, inform Workers of the recipient's name, contact method, purposes of processing, methods of processing, types of personal information and methods of exercising rights, and obtain their separate consent. The Company shall, in its agreements with recipients, require recipients to provide protection no lower than the standards of the Personal Information Protection Law.

D-4 (Cross-Border Transfer of Data)

The User shall not transmit to the Company, without completing the prescribed procedures, important data under the Data Security Law or other laws and regulations or data whose transfer outside the country is restricted. Collected Data collected in China shall be transferred to Japan under Article 19, Paragraph 1. If the User uses the functions under Article 19, Paragraph 3, part of such data shall be transmitted to the providers of external AI services under that paragraph. The User shall carry out the procedures under Articles 38 and 39 of the Personal Information Protection Law and other procedures required under Chinese laws and regulations for such transfer, and the Company shall provide necessary cooperation, such as entering into a standard contract.

D-6 (Language)

The Company shall provide the User with an English translation of this Agreement. The English translation is for reference only, and in the event of any discrepancy with the Japanese original, the original shall prevail in accordance with Article 42.

D-7 (Export Control)

The User shall confirm that the provision of Programs, User Models and Collected Data outside China is not restricted under China's Export Control Law and other laws and regulations.

Appendix 2　Information on Provision to Third Parties in Foreign Countries

This Appendix provides information on the personal information protection systems of the countries of recipients and other information pursuant to Article 28, Paragraph 2 of the Act on the Protection of Personal Information and Article 17, Paragraph 2 of the Enforcement Rules of that Act, in obtaining the User's consent under Article 18-2, Paragraph 2 to the Company's provision of Collected Data relating to the User to third parties in Japan and abroad (including provision under Articles 27 and 28 of that Act).

1. Overview of Provision

(1) Data to be provided: Physical data recorded with PAC Build, such as the User's hand movements during work (coordinate data), video, audio, and force/tactile data obtained with glove-type devices and the like (including operation data and robot sensor data when a person remotely operates a robot to perform work). Faces and other information that could identify the individual are provided to the Company after being masked by the User.

(2) Recipients: Businesses in Japan and abroad that develop AI models, etc. (including businesses that receive onward provision from recipients) and providers of external AI services used for the AI functions of PAC Build (currently expected to include Anthropic, PBC (United States), but not limited thereto).

(3) Purpose of provision: Training, development and improvement of AI models by recipients, and onward provision to other businesses where the Company has given prior written consent (for providers of external AI services, the provision of the AI functions of PAC Build enabled by the User).

(4) Countries and regions of recipients: Japan, the United States, the United Kingdom, EU Member States (including Iceland, Liechtenstein and Norway) and China. These are those currently anticipated, and recipients are not necessarily limited to these countries.

Since the recipient businesses (other than providers of external AI services) will be determined in the future as purchasers of the data, they cannot be identified at present.

2. Personal Information Protection Systems of the Countries and Regions of Recipients

EU Member States (including Iceland, Liechtenstein and Norway) and the United Kingdom have been designated by the Personal Information Protection Commission as countries and regions having personal information protection systems at a level equivalent to that of Japan. The United States and China have not received this designation.

(1) United States: There is no comprehensive federal personal information protection law; there are sector-specific laws (such as the Electronic Communications Privacy Act) and state laws (such as the California Consumer Privacy Act). The United States participates in the APEC Cross-Border Privacy Rules (CBPR) System. There are systems under which government agencies may require businesses to submit information for purposes of national security or criminal investigation.

(2) China: The Personal Information Protection Law of the People's Republic of China (effective November 1, 2021) exists as a comprehensive personal information protection law. China has not received an EU adequacy decision. There are systems requiring personal information to be stored domestically and restricting its transfer abroad. There are also systems under which state security agencies, public security agencies and others may require companies or individuals to provide information, including personal information, for broad purposes.

(3) EU Member States and the United Kingdom: The EU General Data Protection Regulation (GDPR) and the UK GDPR exist as comprehensive personal information protection laws and have been designated as being at a level equivalent to that of Japan. There are no particular systems that may materially affect the rights and interests of individuals.

Details of each country's system are available on the Personal Information Protection Commission's website under "Survey on Personal Information Protection Systems in Foreign Countries."

3. Measures Taken by Recipients to Protect Personal Information

Since the recipient businesses (other than providers of external AI services) have not yet been determined, information on the measures taken by recipients cannot be provided. The Company shall impose the following obligations on recipients in its agreements with them:

(1) not to use the data for any purpose other than that set forth in the agreement (training, development and improvement of AI models);

(2) not to attempt to identify the User from the data;

(3) not to provide the data to any third party without the Company's prior written consent, and, when providing it to a third party with the Company's consent, to impose on such third party obligations equivalent to those in each item of this section;

(4) to take security control measures to prevent leakage, etc. of the data; and

(5) in the event of leakage, etc. of the data, to promptly notify the Company and take necessary measures.

After the recipient businesses have been determined, the Company shall, at the User's request, provide the names of the recipients' countries and information on the measures taken by the recipients.

4. If the User Does Not Consent, and Withdrawal of Consent

Even if the User does not give the portion of the consent under Article 18-2, Paragraph 2 relating to provision to third parties, the User may use the Service by selecting the Opt-Out under Article 16, Paragraph 4 and not using the AI functions of PAC Build. The User may at any time make the Opt-Out under Article 16, Paragraph 4 or request suspension of use or erasure under Article 18, Paragraph 7; provided, however, that suspension of use and erasure cannot be guaranteed for data already provided to recipients and AI models trained using it (except those that can reproduce or restore the data).