Terms of Service of SoftBank Robotics Connect / SmartBX Connect

SoftBank Robotics Corp. and its affiliates (hereinafter referred to as "We", "Us" or "Our") hereby prescribes services ("The Services") subject to the terms of service for using SoftBank Robotics Connect and SmartBX Connect (hereinafter referred to as the “Terms of Service"). By using The Services, Users shall be deemed to have agreed to The Terms of Service.

1. Scope of Application

The Terms of Service expressly defines the conditions for use of The Services in connection with SoftBank Robotics Connect and SmartBX Connect.

2. Intellectual Property Rights

All intellectual property rights including, without limitation, copyrights, designs, utility models, trademarks, patent, trade secrets and/or other proprietary rights used in connection with The Service (hereinafter referred to as "Intellectual Property Rights") shall be reserved by Us or the third-party that owns the relevant Intellectual Property Rights.
We warrant that We own or own the right to license the Intellectual Property Rights used in connection with The Services and to grant the right to use The Services.
Users (defined below) are granted a limited, fully paid-up, royalty-free, non-exclusive, non-transferrable, non-sublicensable and revocable license to the Intellectual Property Rights and any third-party Intellectual Property Rights used in connection with The Service.
We hereby reserve all Intellectual Property Rights not expressly granted herein.

3. Content of The Services

Users shall only use the following functions of The Services: (1) Robot management; (2) Accounts management; (3) Browsing operational performance; (4) Referring to documentation; (5) Receiving robot notifications; (6) Sensor management; and (7) Other operation data management, including but not limited to, Customer satisfaction, cleaner tracking.

4. Terms and Conditions of Use

The Services are available to persons who have contracted to use a robot device, or to receive cleaning service, with a SoftBank Robotics entity, its group cleaning company, or through whom in a commercially authorized sales agency a User has a contract, their employees, and third-parties, including, but not limited to, agents, representatives, vendors, and independent contractors to whom permission is granted by said person to use the robot (collectively, “Users”).
User shall use The Service in accordance with all applicable laws.
If a User’s contract is terminated, User is in breach of contract or the Terms of Services, some or all of the functions in The Services shall cease to be provided.
User shall not modify, alter, improve, develop, upgrade, downgrade, translate, reverse engineer, decrypt, decompile, disassemble, commercializes, create derivative works based on or otherwise attempt to decode, The Services.
User shall take reasonable securitymeasures to preventunauthorized use of The Services agrees to indemnify and hold Us harmless from any such unauthorized use.
User grants Us a non-exclusive, worldwide, irrevocable, royalty-free license to use, copy, transmit, sub-license, store, display,and index user data (i) to the extent necessary to provide The Services including use of operational performance data for improving services and other associated business uses; and (ii) where it is otherwise required or authorized by law.

5. Personal Information

We will handle personal information relating to Users as identified in the contract and in accordance with the Privacy Policy of the Country, State, or locality of the SoftBank Robotics entity with whom or through whom in a commercially authorized sale a User has a contract for the use of a robot or for cleaning services.

6. Interruption and Amendment

We may interrupt the operation of all or part of The Services for any of the following reasons: (1) If a natural disaster or other state of emergency or risk thereof; (2) For performing scheduled or emergency maintenance; (3) If We otherwise reasonably determine it is necessary in Our sole discretion. We reserve the right to amend the Terms of Service, which shall form a part of the Terms of Service, and continued use of The Services shall be deemed User’s acceptance of the Terms of Service. Amendment of the Terms of Service shall not increase the User fees for the duration of its applicable contract for the Robot or cleaning services. With respect to changes required by applicable law, We will use commercially reasonable efforts to ensure that the implementation of changes to the Services will not result in a material impairment of the level of performance or availability of the applicable Services provided to Users.

7. WARRANTY DISCLAIMER

To the extent permitted by applicable law, We do not make any guarantee, whether express or implied, as to the completeness, accuracy, reliability or utility of The Services, that The Services will not be uninterrupted, or that the User’s data will be secure, or not lost or damaged. We do not make any warranties or representations not expressly made herein and We disclaim any and all other commercial warranties including implied warranties of merchantability or fitness for a particular purpose. Users bear all risk associated with access to and use of User’s data to communicated to SoftBank Robotics Connect / SmartBX Connect and the equipment or software programs used with The Services.

8. Limitation of Liability

To the extent permitted by applicable law, We shall bear no responsibility, whether in law or equity, for any injury, harm or damages incurred by Users arising from the use of The Services including, but not limited to, direct, indirect, special, incidental, consequential, punitive, or statutory damages.

9. Governing Law

The laws of the Country, State, or locality of the applicable SoftBank Robotics entity shall govern the Terms of Service without regard to the principles of conflicts of laws. The laws of Japan shall govern the Terms of Services as required by law and/or where there is no conflict, inconsistency or ambiguity, provided that, the laws of the Country, State, or locality of the applicable SoftBank Robotics entity shall take precedence to the extent there is any conflict, inconsistency or ambiguity.

10. Notices

For the United States and Canada User, any notice given by the User under or in connection with these Terms Of Service shall be in writing and shall be, unless agreed otherwise by Us, sent from the following website:

https://us.softbankrobotics.com/contact

For EMEA region User, any notice given by the User under or in connection with these Terms Of Service shall be in writing and shall be, unless agreed otherwise by Us, sent by email to the following email address:

emea-customer-care@softbankrobotics.com

For Japan User, any notice given by the User under or in connection with these Terms Of Service shall be in writing and shall be, unless agreed otherwise by Us, sent from the following website:

https://softbankrobotics.my.site.com/InquiryWebForm/s/?language=ja

For APAC region User excluding Japan User, any notice given by the User under or in connection with these Terms Of Service shall be in writing and shall be, unless agreed otherwise by Us, sent from the following website:

https://apac.softbankrobotics.com/apac/contact-us/

11. Additional Terms for International Data Transfers

Where the provision of SoftBank Robotics Connect / SmartBX Connect involves the transfer of personal data subject to Regulation (EU) 2016/679 (“GDPR”), such transfers shall be governed by the Standard Contractual Clauses (“EU SCC”) set out in Appendix 1, which form an integral part of these Terms of Service.
Where the provision of SoftBank Robotics Connect / SmartBX Connect involves the transfer of personal data subject to the UK General Data Protection Regulation (“UK GDPR”), such transfers shall be governed by the EU SCC together with the UK International Data Transfer Addendum (“UK SCC Addendum”) set out in Appendix 2, which form an integral part of these Terms of Service.
The date of execution of the EU SCC and the UK SCC Addendum shall be deemed to be the date on which the User agreed to these Terms of Service. Terms defined in these Terms of Service shall have the same meaning when used in Appendix 1 and Appendix 2, unless expressly provided otherwise therein.