Conditions of use

30th January, 2018

These Terms of Use (the “Terms of Use”) set forth the agreement between Softbank Robotics Europe, a simplified joint stock company registered with the Paris Trade and Companies Register under number 483 185 807, located 43 rue du Colonel Pierre Avia - 75015 Paris, France (“SBRE” or “us”, “we” and “our”) and each user (“you”) governing your use of SBRE’s products and services, including websites and mobile sites (collectively the “Sites”), servers, applications, robot fleet management tools and the framework through which these products and services are provided (altogether the “Services”).

By using any of our Services, you agree to be bound by the Terms of Use. The Services and the Sites are the property of SBRE or other companies of SoftBank Robotics Group.

Clicking on certain links within the Sites, such as the developer portal or the community forum, will take you into parent websites that are not under SBRE’s control and subject to separate terms.

SBRE reserves the right to change, modify, add or remove portions of these Terms of Use, at any time and it is your responsibility to check these Terms of Use for changes or updates.

SBRE may change any features of the Services, at any time, without notice. Information on products and services available on the Sites may be out of date, and SBRE makes no commitment to keep them updated.

You certify that you are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and you represent that you are legally permitted to use the Services. These Terms of Use are void where prohibited by law and the right to use the Services is not granted in such jurisdictions.

I. Intellectual Property

You acknowledge that all designs, graphics, text, user interfaces, pictures, trademarks, logos, sounds, music, artwork, software and other content contained on the Services and the arrangement, structure, selection and “look and feel” thereof (collectively, “Content”), are the property of SBRE, its parent company, its affiliates or its licensors, and are subject to and protected by trademark, copyright, patent, and other intellectual property laws and rights. You will not obtain any ownership interest in the Content through these Terms of Use or otherwise. All rights to Content not expressly granted in these Terms of Use are reserved to their respective owners. Except as specifically permitted by these Terms of Use, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works of or otherwise use any of the Content in any form or by any means, without the prior written authorization of the copyright owner.

Without limiting the foregoing, except as otherwise set forth in these Terms of Use, if you do use any Content we provide to create any derivative content, software, or other works (“Derivative Works”), you hereby grant to SBRE a perpetual, irrevocable, unlimited, worldwide, fully paid up, freely transferable and sub-licensable license to copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative content of, or otherwise use the Derivative Works, by any and all manner, method and process and in any and all media now known or hereafter devised.

The SoftBank Robotics, Pepper and Nao logos and other trademarks and logos pertaining to the Services are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by SBRE and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

II. Use of this Service

Subject to your strict compliance with these Terms of Use, SBRE grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Services.

You may not violate or attempt to violate the security of the Sites and Services, including by, without limitation, (a) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization, such as, but not limited to, hacking or researching passwords; (b) decompiling, reverse engineering, disassembling, attempting to derive the source code of any software or security components of the Services and/or Content; (c) violating, tampering with, or circumventing the security of any computer, system, or network of the Services, Content, and/or any associated tools, software, and other materials, passwords, encryption codes, technological protection measures, or to otherwise engage in any type of illegal activity, or to enable others to do so; (d) engaging in any activity with the intent to harm or damage the reputation of SBRE, its parent companies, affiliates and/or licensors (including original creator of any works) (e) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Services, overloading, "flooding," "spamming," "mailbombing" or "crashing"; or (f) forging communications on behalf of the Services or to the Services. You may not send unsolicited or unauthorized e-mail on behalf of SBRE, including promotions and/or advertising of products or services.

III. Additional Policies

In addition to these Terms of Use, when using specific Services or features offered by SBRE, you shall be subject to any posted guidelines, policies and/or other terms applicable to such Services or features that may be posted from time to time. All such guidelines or policies are incorporated by reference to these Terms of Use.

For instance, and without limiting the generality of the foregoing, software usage and/or download may require you to accept and comply with an End User License Agreement, which shall be incorporated into these Terms of Use. Likewise, within certain Sites, SBRE may offer you the possibility of ordering and/or purchasing certain products and services online. In such event, the Order Terms accessible on such Site shall apply to your order or purchase and shall be incorporated into these Terms of Use.

Each of these additional policies may be changed from time to time and are effective immediately upon posting such changes on the applicable Sites or Services.

In case of a conflict between these Terms of Use and the above policies, the latter policies shall control.   

IV. User Content

As part of your use of the Services, SBRE may offer you the ability to create, record, upload, share, stream, and/or publish photos, images, audio recordings, applications and/or other content (“User Content”). If you elect to transmit any User Content through the Services, you must do so in a manner that is at all times compliant with these Terms of Use. You understand that all User Content you elect to publish through the Services is your sole responsibility, whether you posted it publicly or merely transmitted it to SBRE only. Your User Content must not violate or infringe on the copyright, patent, trademark, publicity, and/or other proprietary rights of any person or entity. Further, you shall not use the Services in any manner in connection with any User Content that may be viewed as libelous, threatening, harassing, defamatory, obscene, indecent, pornographic, hateful or otherwise illegal under any applicable law. Without limiting SBRE’s right to seek for damages, any User Content in violation of these Terms of Use may result in SBRE editing and/or removing the User Content from the Services and/or banning you from further using the Services temporarily or permanently, at SBRE’s discretion.

Please remember that SBRE does not pre-screen, control, moderate, or endorse your User Content, and specifically disclaims any and all responsibility and liability for any publicly posted User Content. Submissions or opinions expressed by users are that of the individual expressing such submission or opinion and may not reflect SBRE’s opinions. Subject to the foregoing, SBRE may edit, refuse to post, or remove any User Content that you submit to us, in our sole discretion. 

In consideration of your use of the Services, you grant SBRE a worldwide, non-exclusive, transferable, irrevocable, sub-licensable, royalty-free license to use, store, copy, publish, reproduce, save, modify, create derivative works of, transmit, publicly display, and/or distribute all or part of your User Content, alone or combined with any other SBRE or third-party content, for any and all commercial and non-commercial purposes, in any and all media now known or thereafter devised and through any distribution methods now or later developed. For clarity, and without limiting the generality of the foregoing, the license granted under this paragraph authorizes SBRE to publish your User Content on SBRE’s social media channels, websites, and/or marketing and press materials in connection with any advertising, marketing, publicity and/or promotional activities pertaining to SBRE’s products and or services and/or SBRE’s corporate communication. You agree that the license granted under this paragraph does not and shall not entitle you to any compensation from SBRE or any of its parent companies, affiliates, subsidiaries or sub-licensees even if your User Content is used in any way pursuant to this paragraph.  

V. Representations and Warranties

You hereby represent and warrant to SBRE as follows:

(i) Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use, and (if and where relevant) to authorize SBRE or any of its licensors (including original creator of any works) to use, Your Content pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Sites, and any and all Services.

(ii) Your Content and the availability thereof on the Services does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in the Confidential Information (as defined below).

(iii) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Sites and Services.

(iv) Your Content does not and will not create any liability on the part of SBRE or any of its licensors (including original creator of any works), its and/or their respective subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, representatives, directors, officers and/or shareholders.

SBRE reserves the right to remove Your Content, suspend or terminate your access to the Services and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.

VI. Disclaimer

SBRE does not warrant or represent that the Services, including any content or feature on the Sites will be error free, virus free or uninterrupted. The Services are delivered on an “as-available” basis. All information provided on the Services is subject to change without notice. SBRE disclaims all warranties, including any warranty against loss or corruption of data and any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. SBRE disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Services. You assume full responsibility for you use of the Services and Sites.

SBRE and its subsidiaries, affiliates, successors, and assigns, and their respective employees, representatives, agents, directors, officers and shareholders, specifically disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law.  

VII. Indemnification

You hereby agree to indemnify, defend and hold harmless SBRE or any of its licensors (including original creator of any works), its and/or their respective successors, assigns, affiliates, agents, representatives, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:  

(i) any violation by you of these Terms of Use;

(ii) any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of your User Content on the Services, and/or your making available thereof to other users of the Services, and/or the actual use of Your Content by other users of the Services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;

(iii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of SBRE.  

VIII. Your SBRE Account

To use certain Services of the Site, you must create an SBRE account by following the registration process. To create an SBRE account, you must provide certain personal details, such as your name, surname, email address or postal address, and may require you to accept specific terms of use. You are responsible for providing correct and honest details, and for updating them should they change.

You will also be required to choose a username and a password. It is explicitly stated that these elements are confidential. You are solely responsible for the consequences of your account’s use up until its deactivation. You are responsible for informing SBRE immediately of any non-authorized access to your account, and/or password, and/or any security breach. It is your duty to personalize and change your password regularly.  

IX. Linking SBRE User Accounts (Single Account)

If you have more than one account for accessing the various resources and Sites operated by SBRE, your different usernames are linked to a single account so that you can access these resources with a single login.   

XI. Interruption of Services

It is possible that your access to Services can be occasionally suspended or restricted in order to carry out maintenance work, to add features or to improve the service. SBRE will strive to limit the frequency of these interruptions, and the duration of these suspensions or restrictions.

In any case, SBRE cannot take responsibility on the grounds of any damage caused as a result of these suspensions or restrictions.  

XII. Unsolicited Ideas Policy

SBRE appreciates your enthusiasm and the time and energy you spend using our Services. SBRE’s company policy, however, does not allow us or any of our employees to accept or consider any unsolicited ideas, suggestions, proposals, comments or materials pertaining to our products or Services (“Submissions”). The purpose of this policy is to avoid potential misunderstandings or disputes if products, services or features developed or published by SBRE fortuitously appeared similar or identical to ideas that may have independently occurred to you.

If despite the above, you still elect to communicate a Submission to SBRE, then regadless of any terms you may specify, only the following terms shall apply to your Submissions : You agree that the Submissions shall be deemed non-confidential and non-proprietary. SBRE shall have no obligations concerning the Submissions, including but not limited to, no obligation to review or return any materials or acknowledge receipt of any Submissions. SBRE may use, redistribute, or disclose the Submissions worldwide without any restriction, in any way and for any purpose whatsoever, commercial or otherwise, without any compensation or credit obligation to you or any third party.  

XIII. Term and Termination

SBRE may terminate or suspend your access to the Services at any time in SBRE’s sole discretion. SBRE or its licensor (including original creator of any works) will not be held liable for the elimination of any Service or feature, nor will this elimination entitle you to any compensation or indemnification. If SBRE terminates you as a user of the Services, SBRE reserves the right to deny your reapplication at any time in its sole discretion.  

XIV. Applicable Law

These Terms of Use are regulated by French law and subject to jurisdiction from French courts.

In no instance we guarantee that the Sites are conformed to any other local legislation that is applicable to you when you access the Sites.  

XV. Personal Information

Your data will be processed and stored in the manner pursuant to SBRE’s Privacy Policy that is available for consultation on https://www.softbankrobotics.com/emea/en (or any other address that may be substituted for it).

Use of data.

Information and data that you communicate with us are necessary for using our Services, and particularly in managing your order. They can be transmitted to companies with which we work to offer you Services and related assistance. This information and data are also conserved for security measures, in order to adhere to legal obligations and regulations, as well as to allow us to improve and personalize our services and the information that we give you.

Cookies.

The Site and/or partners of SBRE can store information on your computer or device. This information takes the form of ‘Cookies’ or a similar file. ‘Cookies’ contain information that do not feature any personal information and which are sent via the server to the hard-drive of the user’s computer or device. The role of cookies is essentially to identify the user more quickly when connected.

You recognize and accept that SBRE reserves the possibility to implant a ‘cookie’ in your computer or device in order to register all information relative to your navigation on the Site.

Right to the access, opposition and correction of this information.

You have the right to the access and correction of your personal data, which you can exercise by updating the information on your SBRE account. Furthermore, you have the right to oppose the use of your data for legitimate reasons, which you can exercise by writing a message to the following email address: legal@softbankrobotics.com. In accordance with current regulations, your request must be signed and accompanied by the photocopy of a form of identification featuring your signature.  

XVI. Other

If you do not adhere to these Terms of Use and we do not initiate any action, this does not imply that we renounce our rights and we will still reserve the right to exercise our rights and legal means in all other situations in which you violate these Terms.

If any stipulation of these Terms of Use or Specific Terms is deemed invalid, null or inapplicable, for whatever reason, this stipulation will be deemed separable, and will not affect the validity and the effectiveness of remaining stipulations.  

Any translation of these Terms of Use is done for reference purposes only and in the event of a dispute between the English and any non-English versions, the English version of these Terms of Use shall govern.