The versions of the Terms of Use, including those in Chinese (Simplified and Traditional), are available at the following URL:

包括简体中文和繁体中文语言版本在内的使用条款,可在以下网址查阅:

包括簡體中文與繁體中文語言版本在內的使用條款,可於以下網址查閱: https://support.epson.net/terms/ms/?MKN=Epson%20RC%EF%BC%8B%208.0&PINF=swlist

 

Epson RC+ Cloud Service Terms of Use

 

NOTICE TO USER: Please carefully read the following Terms of Use before using Epson RC+ Cloud Service.

 

Seiko Epson Corporation (including its subsidiaries and affiliated companies, hereinafter referred to as "Epson") provides the Epson RC+ Cloud Service ("Service") on the website of the Service (hereinafter referred to as the "Website"; the Website comprises part of the Service) and/or the Epson RC+ Software (the Epson RC+ Software also comprises part of the Service) based on the Epson RC+ Cloud Service Terms of Use ("Terms of Use"). The Service is provided to you on the condition that you have read and accepted the Terms of Use. If you use the Service through the EPSON RC+ Software, the EPSON RC+ Software License Agreement shall apply to the use of the EPSON RC+ Software. In the event of any inconsistency or conflict between the Terms of Use and the EPSON RC+ Software License Agreement, the Terms of Use shall prevail and govern to the extent of such inconsistency or conflict.

Continued use of the Service implies your acceptance of the Terms of Use and the EPSON RC+ Software License Agreement. In the event you do not accept the Terms of Use and the EPSON RC+ Software License Agreement, please refrain from using the Service. Please note that Article 4 of the Terms of Use incorporates the Personal Information Protection Policy and the Privacy Statement, pursuant to which Epson may collect your information and share it within the Seiko Epson Group in compliance with those policies.

Please note that a separate paid license may be required to enable your use of some or all functions of the Service. You are responsible for purchasing such license. In addition to the Terms of Use, you must review and agree to the applicable purchase terms and conditions for such license, including the license fee and license term.

In connection with the use of the Service, customer screening and transaction screening may be conducted as required for export control compliance, compliance with other applicable laws and regulations, and Epson's compliance requirements. Such screening shall be conducted with respect to the legal entity to which you belong. Upon Epson's request, you shall provide the information necessary for such screening and cooperate with Epson in connection therewith.

In order to use the Service, you must either create an organization on the Service (an “Organization,” meaning a unit for managing users and licenses within the Service) or participate in an Organization created on the Service. Multiple users, including you, may participate in an Organization; provided, however, that all users must belong to the same legal entity during the period in which they participate in the Organization (the “Participation Requirement”).

If you approve the participation in an Organization of a person who has applied to join the Organization you shall confirm that such applicant satisfies the Participation Requirement and represent and warrant to Epson that such applicant satisfies the Participation Requirement. In addition, before such applicant ceases to satisfy the Participation Requirement, you shall cause such applicant to leave the Organization.

If you apply to participate in an Organization, you shall confirm that you satisfy the Participation Requirement and represent and warrant to Epson that you satisfy the Participation Requirement. In addition, before you cease to satisfy the Participation Requirement, you shall leave the Organization.

 

General Terms

 

1 Purpose of the Service, Acceptance of the Terms of Use

1.1 The purpose of the Service (“Purpose”) is to provide you with the ability to operate the Epson brand robot controller and its peripheral products controlled by you (“Epson Hardware”) and manage their operating status over the Internet. Upon your submission of an application for registration for the Service on the Website and Epson’s completion of such registration (“Membership Registration”), the Service will be made available exclusively to customers whose registration has been completed (“Registered Member”).

1.2 In order to use the Service, in addition to completing Membership Registration under the Terms of Use, you must obtain a license key or other authorization information designated by Epson (collectively, the “License Key”), which may be provided on a paid or unpaid basis, and complete registration or authentication in the manner prescribed by Epson. Any License Key registered or authenticated for use of the Service may be used only by the legal entity that has lawfully obtained such License Key and may be assigned to only one Organization on the Service.

1.3 Epson Global ID, as specified by Epson according to Article 2, shall be obtained in order to use the Service. To obtain an Epson Global ID, please register as a member according to the procedures set forth in the Terms of Use. If you have already obtained an Epson Global ID, you can use the Service with your registered Epson Global ID and password.

1.4 Epson will review your Registration Information (as set forth in Article 2.2) and determine whether to accept or decline your application to use the Service. Epson may decline your application if any of the following apply:

(1) your identity cannot be verified;

(2) you or any related party have previously violated the Terms of Use and have had your use of the Service suspended or your agreement terminated;

(3) there are false statements, material errors, or omissions in the contents of your application or your Registration Information;

(4) you have failed to pay any fees or other obligations relating to the Service or any other services provided by Epson; or

(5) any other circumstances in which Epson determines the application to be inappropriate.

1.5 After Epson has accepted your Membership Registration for the Service, you shall be deemed to have accepted the Terms of Use at the time you start using the Service, and a binding agreement between you and Epson based on the Terms of Use shall be established at that time.

1.6 If there is any change to your Registration Information, you shall promptly notify Epson of such change in accordance with the procedures prescribed on the Website. Upon receiving and accepting such notification, Epson shall notify you of the completion of the change to your Registration Information.

 

Common Terms of Epson Global ID

 

2 Membership Registration and obtaining an Epson Global ID

2.1 In order to obtain an Epson Global ID, you shall complete the Membership Registration of the Service in accordance with each section of this Article 2.

2.2 In order to obtain an Epson Global ID, you are required to provide true and accurate information (including personal information, such as passwords and email addresses, for Epson to contact, provide guidance or notification, hereinafter collectively referred to as "Registration Information") during the registration process.

2.3 Epson will determine acceptance or rejection towards your registration according to Epson’s criteria, and if your registration is accepted, Epson will notify you upon completion of Membership Registration. Such Membership Registration shall be deemed to be completed upon notification by Epson under this section. At such time, Epson will issue you an Epson Global ID and notify you accordingly.

2.4 You can use your Epson Global ID as a common ID for services specified on websites operated by Epson or Seiko Epson Group (hereinafter referred to as "Epson Global ID Compatible Services").

2.5 Epson may use the Registration Information for the purpose of providing and improving Epson Global ID Compatible Services.

 

3 Management/change of Registration Information

3.1 You shall manage your Registration Information at your own expense and responsibility.

3.2 In case you detect any fraudulent use or use by a third party of your Registration Information, or in case you forget such information, you shall immediately notify Epson by the specified method of Epson and follow the instructions of Epson. If you forget your Epson Global ID, you will no longer be able to use Epson Global ID Compatible Services.

3.3 In case of any changes occurred in Registration Information, you shall promptly carry out procedures to change the Registration Information as specified by Epson.

 

4 Handling of personal information

4.1 Regarding the handling of personal information, information relating to the organization to which you belong, and information on your usage status of the Service, all of which you provide to Epson (collectively referred to as "Customer Information"), as well as customer access and service usage history collected by the Service as logs (hereinafter referred to as "Access Log"), you may refer to "Handling of personal information (privacy statement)" for the Service, which you can find on the websites operated by Epson.

4.2 Customer Information and Access Log may be shared within the Seiko Epson Group.

4.3 If Epson uses Customer Information and Access Log for the improvement or quality enhancement of the Service or the Website, such use shall be subject to the settings selected by you within the Service.

4.4 Access Logs stored for you through the Service will be retained for one (1) year from the date on which such Access Logs are recorded. After the expiration of such period, you will no longer be able to view such Access Logs.

 

5 Handling of Product Information

Epson may obtain information regarding the operating status of the equipment necessary for using the Service, including Epson Hardware (“Service-Related Equipment”) and the usage status of such equipment and related consumables (collectively, “Product Information”), and may use such Product Information for the purposes of enhancing and improving the Service, developing new products by the Seiko Epson Group, and enhancing and improving other services (“Product Information Usage Purposes”). You agree to these uses.

In addition, Epson may process, analyze, edit, and integrate Product Information, and may use the processed Product Information for the Product Information Usage Purposes. You also agree to this. Product Information does not include any personal information.

 

6 Termination/cancelation of Membership Registration, Termination/deletion of Epson Global ID

6.1 In the event Epson determines that you fall under any of the following items, Epson reserves the right, to the extent reasonably necessary to protect its legitimate interests, to terminate your Membership Registration at its own discretion and judgment, without prior notification to you or your prior consent. Epson will notify you after taking such action:

(1) Registration Information contains falsified data;

(2) Illegal use of another registered member's email address, Epson Global ID or password;

(3) Any action described in the prohibition as specified in Article 10.1 and Article 20.4;

(4) Epson Global ID has not been used for more than 12 months;

(5) Violation of any provision of the Terms of Use;

(6) The License Key was not validly provided;

(7) The License Key cannot be applied to the use of the Service due to expiration, incompatibility with the applicable functions, differences in the permitted region of use, failure to satisfy applicable conditions, or any other reason; or

(8) Other improper use of the Service or Epson Global ID determined by Epson.

6.2 In addition to the foregoing, you may cancel your Membership Registration at any time by notifying Epson according to the specified procedure.

6.3 Upon your termination of use of all Epson Global ID Compatible Services (hereinafter referred to as "Termination of Epson Global ID"), Epson may terminate your Membership Registration according to its own discretion and judgment, without prior notification to you or your prior consent.

6.4 Epson will delete your Epson Global ID at the time of the termination or cancellation of Membership Registration or the termination of use of Epson Global ID according to Article 6.1, 6.2, or 6.3. In such case, your use of Epson Global ID Compatible Services, including the Service, will no longer be possible. To resume use of Epson Global ID Compatible Services, you shall obtain an Epson Global ID again according to Article 2 of the Terms of Use.

6.5 At the time of Termination of Epson Global ID, Epson will delete any user data that you have created through the Service or stored on the Service, including program data and monitoring data (hereinafter referred to as “Your Data”). In such case, you are deemed to agree in advance that you can no longer use or browse such Your Data. Epson will not respond to any requests from you to cancel or restore Your Data that has already been deleted.

6.6 Even after Termination of Epson Global ID, you are not relieved from any obligation toward Epson and any third party under the Terms of Use.

6.7 Even after Termination of Epson Global ID, Epson may retain and use the Registration Information and Customer Information provided to Epson for the purpose of improving Epson Global ID Compatible Services.

6.8 If, at the time of the Termination of Epson Global ID or the termination or cancellation of Membership Registration, you owe any fees or other obligations relating to the Service to Epson, all such obligations shall immediately become due and payable, and you shall immediately pay all amounts owed to Epson.

 

Attentions to use of the Service

 

7 Attentions to Use of the Service

7.1 You shall be solely responsible for Your Data and for your use of the Service.

7.2 You shall, at your own expense and responsibility, prepare and manage Epson Hardware, software, all other equipment necessary in connection therewith, and any telecommunication services provided by telecommunications carriers, including network and Internet connectivity environments (collectively, "Equipment").

7.3 You acknowledge and agree that updates or upgrades to the operating system or browser of any device used to access the Service may cause the Service to malfunction.

7.4 You shall be solely responsible for configuring and managing connection settings for the remote operation of Epson Hardware using the Service.

7.5 You understand and agree that the monitoring of Epson Hardware using the Service is not intended to ensure the safety of Epson Hardware or to detect hazards, and that all final decisions and supervision relating thereto shall be your sole responsibility.

7.6 You acknowledge and agree that Monitoring Data collected through the monitoring functions of Epson Hardware using the Service and stored for you will be retained for one (1) year from the date on which such Monitoring Data is collected, and that, after the expiration of such period, you will no longer be able to view such Monitoring Data.

7.7 You are responsible for saving Your Data from time to time while using the Service. You acknowledge and agree that any of Your Data that has not been saved may be lost if, for example, you close your browser, your session is terminated due to inactivity, or a network failure occurs.

 

8 Limitations Due to the Operating Environment

8.1 The Service may not be available in whole or in part depending on your network environment or Internet connection.

8.2 Even after you commence using the Service, delays in operation, interruption of connections, delays in data reflection, inability to collect, store, or access data, or other limitations may occur due to your network environment, Internet connection environment, third-party services that interoperate with the Service (including external cloud services, network services, technical provision services, and other similar services necessary for providing the Service, hereinafter referred to as "Linked Third-Party Services"), Epson Hardware, or your Equipment which may affect your use of the Service or result in all or part of the Service becoming unavailable.

 

9 Grant of License

9.1 Epson grants you, depending on the type of License, the following limited, non-exclusive, revocable and non-transferable rights for the use of the Service.

(1) the right to operate the Epson Hardware and manage its operating status;

(2) the right to download and use Epson’s software provided on the Website as part of the Service through methods such as downloading (hereinafter referred to as “Epson Software”); and

(3) the right to use such other functions as Epson designates for you.

9.2 Notwithstanding the foregoing, consent to a separate software license agreement as displayed on such Epson Software (hereinafter referred to as "Epson Software EULA") is required when using Epson Software. If you cannot accept Epson Software EULA, you shall not use Epson Software. If there is a conflict between the Terms of Use and Epson Software EULA, the Terms of Use shall prevail and control.

9.3 Depending on the type of License, multiple users belonging to an Organization may use the Service.9.4 Any right not expressly granted in the Terms of Use shall remain with Epson or the third-party licensor of Epson. No right or license shall be construed or implied under the theory of law, or interpreted by estoppel or commercial practice. Unauthorized use of the Product Information or the Service is prohibited, regardless of the purpose of such use.

 

10 Prohibitions

10.1 In using the Service, you shall not engage in, or cause any third party to engage in, any of the following acts, or any acts that may fall under any of the following items:

(1) permitting any third party to use, resell, sublicense, transfer, or otherwise make available the Service without Epson’s consent;

(2) acts that violate any laws or regulations, court judgments, decisions or orders, or legally binding administrative measures;

(3) acts of fraud or intimidation against Epson or any third party;

(4) acts that are contrary to public policy;

(5) acts that infringe the property, intellectual property rights, privacy, reputation, or other rights or interests of Epson or any third party;

(6) acts that induce malfunction or failure of the Service;

(7) using, creating, or distributing viruses, worms, Trojan horses, corrupted files, hoaxes, or any other destructive or deceptive items, or using, creating, or distributing external tools that exploit unintended bugs or cause unintended effects in the Service;

(8) unauthorized access to, or attempts to access, Epson’s networks or systems;

(9) using a third party’s Epson Global ID or password;

(10) allowing any third party to use your Epson Global ID or password;

(11) Transferring, lending, disclosing, or permitting the use of a License Key to a third party who does not belong to the legal entity that has lawfully obtained such License Key.

(12) Participating in an Organization, or causing participation in an Organization, in violation of the Participation Requirement.

(13) placing an excessive load on the Service or Epson’s servers;

(14) disassembling, decompiling, reverse engineering, or otherwise analyzing the source code of the Service, or deriving any of its underlying components (such as models, model parameters, or model weights), or applying any processes or procedures to reproduce the Service’s training data;

(15) interfering with the operation of the Service;

(16) providing benefits to, or financing, antisocial forces or related organizations;

(17) sending or transmitting content that causes disadvantage, damage, or discomfort to Epson or any third party, including defamatory, hateful, discriminatory, offensive, intentionally false, deceptive, vulgar, pornographic, or obscene content;

(18) using the Service or Product Information outside the scope of the license granted under the Terms of Use;

(19) using the Service for purposes unrelated to Epson Hardware or the Service, or using the Service in a manner that causes malfunction or other unintended operation of Epson Hardware;

(20) using the Service to develop products or services similar to Epson Hardware or Epson’s software;

(21) using the Service in a manner that circumvents technical limitations that permit the Service to be used only in specific ways;

(22) acts that promote any of the acts specified in the foregoing items;

(23) any other acts that Epson deems inappropriate.

10.2 If you have engaged in, or are deemed by Epson to have engaged in, any of the acts set forth in Article 10.1, Epson may, at its sole discretion, take any of the following actions without prior notice to you, and Epson shall not be liable to you or any third party for any such actions. You shall not be relieved from any obligations you owe to Epson under the Terms of Use even after your use of the Service has been suspended or terminated.

(1) temporarily suspend your use of the Service, Product Information, EPSON RC+ Software and Epson Software, or permanently terminate your use of your account information.

(2) delete your account information and Registration Information for the Service.

(3) restrict all or part of your use of the Service, Product Information, EPSON RC+ Software or Epson Software.

 

Common terms of the Service

 

11 Guarantee of Authority

11.1 You represent and warrant that you are of the legal age of majority in your state or jurisdiction of residence and have all necessary authority to enter into the Terms of Use, including, if applicable, due authorization by your employer to enter into the Terms of Use.

11.2 You represent and warrant that you have all rights necessary in and to Your Data to use the Service without any infringement of copyright, applicable law, or any license or contractual terms to which you are bound.

 

12 Feedback

You may provide to Epson, in the manner separately designated by Epson, any opinions, feedback, improvement proposals, ideas for feature enhancements, or other suggestions relating to the Service (“Feedback”). You hereby agree that Epson may use or implement all or any part of such Feedback without paying any compensation or royalties to you and without any other obligations.

 

13 Intellectual property rights

13.1 Title, ownership rights, and intellectual property rights in and to the Service (including but not limited to Product Information and Epson Software) shall remain with Epson or its licensors. The Service is protected by United States Copyright Law, copyright laws of Japan and international copyright treaties, as well as other intellectual property laws and treaties. There is no transfer to you of any title to or ownership of the Service and the Terms of Use shall not be construed as a sale of any rights in the Service. Epson and its licensors reserve all rights not granted.

13.2 All intellectual property rights in and to Your Data shall belong to you.

13.3 You agree not to remove or alter any copyright, trademark, registered mark and other proprietary notices on the Service and any copies thereof.

13.4 Although Epson’s trademarks, logos, service marks, or other marks may appear in or on the Service, nothing contained on and in the Service should be construed as transferring or granting, by implication, estoppel, or otherwise, any license or right to use such trademarks, logos, or service marks. The absence of any product or service name or logo appearing in the text of the Service shall not constitute a waiver of any trademark or other intellectual property rights relating to that product or service name or logo.

 

14 No Warranty

14.1 Epson makes no representations or warranties, whether express or implied, regarding any of the following:

(1) that the Service does not infringe any third party’s copyrights, trademarks, patents, design rights, or other intellectual property rights, trade secrets, privacy rights, or other legal or moral rights;

(2) that the use or operation of the Service complies with the applicable laws, rules, regulations, or other legal requirements of all states or jurisdictions;

(3) that the Service is compatible with all devices;

(4) that any malfunction of the Service caused by updates or upgrades to the operating system or browser of a device used to access the Service will be corrected through any upgrade, update, modification, or other action taken by Epson; or

(5) with respect to the remote connection and monitoring functions of Epson Hardware using the Service, their completeness, accuracy, real-time performance, continuity, or the results of any operations performed using such functions.

14.2 In addition to the foregoing, the Service is provided on an “AS IS” basis and without warranties of any kind. Epson makes no warranties regarding the performance of the Service or the results obtained from its use. Epson does not warrant that the Service will operate without interruption, suspension, or termination, that it will be continuously available, that it will be error-free, free from viruses, harmful components or vulnerabilities, that Your Data will not be lost or corrupted or can be fully restored, that the Service will continuously or properly operate in conjunction with Linked Third-Party Services, or that the functions of the Service will meet your needs or requirements. Epson does not warrant any service levels with respect to the Service, including availability, response times, recovery times, maintenance response times, data retention periods, data recovery, or any other service level. To the maximum extent permitted by applicable law, Epson disclaims all other warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights. Epson’s sole and exclusive responsibility and liability for any breach of warranty shall be limited to a refund of the purchase price of the applicable license. This limited warranty shall be void if any defect in the Service results from accidental damage, abuse, or misuse. Some states or jurisdictions do not allow the exclusion or limitation of implied warranties in certain transactions, and in such states or jurisdictions, the above limitations and exclusions may not apply.

14.3 If you acquire the Service in Australia, this Article shall be subject to Section A.2.1.

 

15 Limitation of liability

15.1 Epson shall not be liable for any of the following:

(1) any damage incurred by you due to providing false or incorrect Registration Information;

(2) any damage incurred by you as a result of being unable to use Epson Global ID Compatible Services due to forgetting your Epson Global ID;

(3) any damage incurred by you as a result of being unable to use the Service because you lost, forgot, or failed to properly manage your License Key;

(4) any damage incurred by you as a result of improper management of your Registration Information or the use of your Registration Information by a third party;

(5) any damage incurred by you due to your failure to follow the procedures for changing your Registration Information;

(6) the disclosure or leakage to any third party of any information, including Customer Information, Your Data, or Registration Information, as a result of your inadequate management of the Equipment, including the loss of any Service-Related Equipment;

(7) any damage incurred by you as a result of delays, waiting times, or restrictions in the use of all or part of the Service caused by concentration of use of the Service, excessive access, system loads, or other causes not attributable to Epson;

(8) any damage incurred by you as a result of being unable to use the Service due to your network environment or Internet connection environment;

(9) any damage or dispute incurred by any third party, including yourself, as a result of your use of the Service, any illegal act committed through the use of the Service, or any act prohibited under Article 10.1 or Article 20.4;

(10) any loss or damage related to or arising from any intentional act or negligence of any third party;

(11) any loss or damage related to or arising from e-mails between you and Epson;

(12) any damage incurred by you as a result of Epson’s disclosure of any data, including Registration Information, in response to any request by a court, governmental agency, supervisory authority, or other public body pursuant to applicable laws, regulations, orders, or decisions;

(13) any information obtained from services or websites accessible through links from the Service;

(14) any leakage of Your Data or any other loss caused by your incorrect configuration of data-sharing settings;

(15) any loss of Your Data resulting from system failures or any other causes;

(16) any use of the Service from any state or jurisdiction where such use or operation is deemed illegal or inappropriate;

(17) the content of Your Data or any parties with whom Your Data is shared;

(18) the content of any data transmitted or shared as a result of your connection settings for the remote operation of Epson Hardware, the recipients of such data, or any consequences arising therefrom;

(19) any misconnection, unauthorized use by third parties, information leakage, or other damages arising from your management, including misconfiguration of connection settings;

(20) any damage arising from delays in operation or interruption of connections in the remote operation of Epson Hardware using the Service due to your network environment or Internet connection environment;

(21) any damage arising from delays in data reflection or the inability to collect, store, or access data in connection with the monitoring functions of the Service due to your network environment or Internet connection environment;

(22) any damage incurred by you as a result of the loss of any of Your Data that has not been saved due to the closing of a browser, session timeout, or network failure;

(23) any damage arising from delay in performance or non-performance due to causes beyond Epson’s reasonable control; and

(24) any disadvantage or damage incurred by you or any third party arising from any modification, suspension, interruption, or termination of the Service pursuant to Article 19.

15.2 Epson shall not be liable for any of the following:

(1) any damage arising from Epson’s exercise of its rights under Article 6.1; or

(2) any damage arising from Epson’s exercise of its rights under Article 29.

15.3 In addition to the foregoing, to the maximum extent permitted by applicable law, Epson shall not be liable for any damages whatsoever, whether direct, indirect, special, incidental, or consequential, whether arising under contract, tort (including negligence), breach of warranty, misrepresentation, or otherwise, including without limitation damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss, arising out of the use of or inability to use the Service, or arising out of the Terms of Use, even if Epson or its representative has been advised of the possibility of such damages. Some states or jurisdictions do not allow the exclusion or limitation of damages in certain transactions, and in such states or jurisdictions, the above limitations and exclusions may not apply. If the foregoing limitations do not apply, Epson’s aggregate liability shall not exceed the purchase price of the applicable license.

15.4 If you acquire the Service in Australia, this Article shall be subject to Section A.3.1.

 

16 Customer’s responsibility

16.1 Epson reserves the right to seek compensation for damages to Epson caused by your use of the Service.

16.2 You shall be responsible, at your own expense and liability, for handling and resolving any damage or disputes arising from (a) your use of the Service, (b) any illegal act committed through the use of the Service, or (c) any act prohibited under Article 10.1 or Article 20.4.

16.3 You agree to defend, indemnify, and hold harmless Epson and its directors, officers, shareholders, employees, and agents from and against any losses, liabilities, damages, costs, expenses (including reasonable attorneys’ fees and personnel costs incurred by Epson), claims, disputes, or actions arising from:

(a) any breach by you of your obligations under the Terms of Use;

(b) any act performed by Epson in accordance with the Terms of Use; or

(c) the use of the Service or Service-Related Equipment.

If Epson requests you to defend any such claim or action, you shall do so, and Epson shall have the right, at its own expense, to participate in such defense through counsel of its choice. You shall not settle any claim for which Epson is entitled to indemnification without Epson’s prior written consent.

16.4 If you acquire the Service in Australia, this Article shall be subject to Section A.3.1.

 

17 Obligation of Confidentiality

17.1 You hereby agree:

(1) to keep and maintain all non-public information disclosed as confidential by Epson and designated as confidential (“Confidential Information”) in the strict confidence and to protect the Confidential Information by using the same degree of care (but no less than a reasonable degree of care) as you use to protect your own Confidential Information and materials of a similar nature. Confidential Information shall not include, and no obligation is imposed upon you with respect to, information that:

(a) was legally and publicly available at the time of receipt by you;

(b) is or subsequently becomes legally and publicly available through no fault of yours, but only after, and to the extent that, the information becomes publicly available;

(c) was rightfully in your possession before receipt from Epson without any obligation of confidentiality;

(d) is rightfully received by you from a third party without any obligation of confidentiality; or

(e) is independently developed by you without use of or reference to the Confidential Information;

(2)not to use the Confidential Information other than for the Purpose; and

(3)not to disclose, publish or disseminate the Confidential Information to any person or entity except to officers and employees of yours who:

(a) need to know such Confidential Information for the Purpose,

(b) have been made aware that such Confidential Information is subject to confidentiality obligations and

(c) have entered into an employment or other agreement with you containing confidentiality obligations no less stringent than those contained in the Terms of Use.

17.2 In the event you notice or become aware of any unauthorized use or threatened unauthorized use of the Confidential Information by any third party, you shall promptly notify Epson at the contact address separately designated by Epson and follow Epson’s instructions.

 

18 End of use of the Service

18.1 You may terminate your use of the Service and cancel your Membership Registration at any time by notifying Epson in the manner prescribed by Epson.

18.2 Upon your termination of the use of the Service, Epson will delete Your Data. In such case, you are deemed to have agreed in advance that you will no longer be able to access or view such Your Data. Epson shall not respond to any request to cancel the deletion of, restore, or otherwise recover any of Your Data once it has been deleted.

18.3 If a new valid License Key is not registered within six (6) months after the expiration of your valid License Key, Epson may deem that you have terminated your use of the Service and may delete Your Data and take any other necessary measures set forth in the preceding section.

18.4 Even if you resume use of the Service after terminating your use of the Service, any Your Data deleted as a result of such termination cannot be restored.

18.5 Even after the termination of your use of the Service, you shall not be relieved from any obligations you owe to Epson or any third party under the Terms of Use.

 

19 Change, suspension, or termination of the Service

19.1 If Epson terminates the Service, Epson will stop accepting new registrations and will terminate the provision of the Service upon the expiration of the valid License Key of existing customers. After termination of the Service, Epson will delete all Your Data. In such case, you are deemed to have agreed in advance that you will no longer be able to access or view Your Data. Epson shall not respond to any request to restore, recover, or otherwise reinstate Your Data once it has been deleted.

19.2 Epson may, at its discretion, modify all or part of the Service or temporarily suspend the provision of the Service if any of the following circumstances occur:

(1) When maintenance, inspection, or upgrading of equipment such as servers is required, or when a problem arises.

(2) When services of telecommunications carriers or Linked Third-Party Services cannot be normally provided.

(3) When it becomes difficult to provide the Service due to force majeure, including without limitation, natural disasters such as earthquakes, tsunamis, volcanic eruptions, blackouts (including planned blackouts), fires, other accidents, wars, conflicts, disturbances, riots, or labor disputes.

(4) When the operation of the Service becomes impossible due to laws or measures based on such laws.

(5) When Epson reasonably determines that modification, temporary suspension, or interruption of the Service is necessary.

 

20 AI Services

20.1 The Service may include services that utilize generative AI (hereinafter referred to as the “AI Assistant Service”).

20.2 The AI Assistant Service provides (i) a function in which an AI chatbot automatically responds to inquiries from you regarding this Website and Epson Hardware, and (ii) a function in which AI proposes program code necessary to operate Epson Hardware and provides coding assistance. The AI Assistant Service is provided based on third-party large language model technology and is intended solely for reference purposes in knowledge retrieval and code generation. It does not constitute any professional opinion, business advice, or technical guarantee.

20.3 You represent and warrant that you have all necessary rights and authority with respect to the information you input into the AI Assistant Service, and your use of the AI Assistant Service does not violate any applicable laws or any agreements between you and any third party.

20.4 You shall not input any personal information, confidential information, or proprietary information into the AI Assistant Service. You agree that any information you input into the AI Assistant Service will not be treated by Epson as your personal information, your confidential information, or your proprietary information. Epson will appropriately manage the information you input into the AI Assistant Service in accordance with applicable laws and Epson’s data handling policies. Epson may freely use the information you input into the AI Assistant Service, without payment of any consideration to you, to the extent permitted by applicable laws, for the purpose of providing the AI Assistant Service and for improving and enhancing the AI Assistant Service, the Service, Epson Hardware, Epson software, and Epson web services. Such use shall be subject to the settings selected by you within the AI Assistant Service.

20.5 In addition to the prohibited acts set forth in Article 10.1, you shall not engage in, or allow any third party to engage in, any of the following acts, or any acts that may fall under the following items, when using the AI Assistant Service:

(1) prompt injection, jailbreak, or any other acts that induce responses or behaviors of the AI that are not ordinarily intended;

(2) using the AI Assistant Service for the purpose of developing generative AI services, including any services that incorporate the AI Assistant Service.

(3)Using the AI Assistant Service to generate or disseminate information prohibited by applicable laws and regulations.

20.6 Epson makes no warranties whatsoever regarding the information, content, data, databases, software, documents, program code, FAQs, or other materials provided by the AI Assistant Service, including, without limitation, their suitability for a particular purpose, accuracy, usefulness, completeness, safety, comprehensiveness, legality, non-infringement of third-party rights, timeliness, currency, absence of legal defects, absence of errors, uninterrupted operation, correction of defects, absence of vulnerabilities, absence of harmful components, or accessibility to such information and materials.

20.7 You understand and agree that the AI Assistant Service operates using AI technologies and that its output may not always be accurate or complete. You shall independently verify the necessity and appropriateness of such output and assume full responsibility for your use of such information.

20.8 To the extent permitted by applicable law, Epson shall not be liable for any errors in such information. Epson shall also not be liable for any damages incurred by you as a result of your use of such information.

20.9 Transparency and user information. Epson shall ensure that the AI Assistant Service is designed and operated in accordance with the relevant legal transparency requirements (including those set out in the EU Artificial Intelligence Act for low-risk AI systems). In particular, You will be clearly informed that You are interacting with an AI system rather than a human. Epson will display a prominent notice in the AI chatbot interface, indicating that the AI chatbot is an AI-driven service and not a human agent, and that any responses are automatically generated by AI and may be inaccurate or incomplete. This information will be presented clearly and distinctly at the start of Your first interaction with the AI Assistant Service.

20.10 Data protection and inadvertent personal information. Without prejudice to Article 20.4 above, if You inadvertently provide any personal information via the AI Assistant Service, even though Epson does not request or require personal information for the AI Assistant Service, Epson will handle such data in accordance with applicable data protection laws, including the GDPR. Epson will not use or retain any personal information submitted through the AI Assistant Service for any purpose other than providing You with the requested assistance (e.g. generating an appropriate response) or complying with legal obligations. Any such unsolicited personal information will be promptly deleted or effectively anonymised once it is no longer needed for these limited purposes. (When carrying out these data processing activities, Epson will comply with the GDPR obligations that apply to its role, whether as an independent controller of the data or, if applicable, as a processor acting on behalf of its business client).

20.11 If you acquire the Service in Australia, this Article shall be subject to Sections A.2.1 and A.3.1.

20.12 If you discover any infringement in the output generated by the AI Assistant Service, you should promptly notify Epson through the contact information provided in the Service.

 

21 Support

If you have separately concluded a maintenance agreement with Epson regarding EPSON RC+ Software, Epson may provide support through the Service as part of the support provided under such maintenance agreement. The Service itself does not include maintenance services or individual technical support. In order to receive maintenance services, individual technical support, availability guarantees, response time guarantees, recovery time guarantees, or any other service level guarantees, you must separately enter into a maintenance agreement or other agreement with Epson.

 

22 Prohibition of the transfer of rights and obligations

You may not transfer, succeed to, set as collateral, or otherwise dispose of your rights, obligations, or contractual position under the Terms of Use to any third party without the prior written consent from Epson.

 

23 Subcontracting

Epson may subcontract to a third party, at its own discretion, all or part of the duties necessary to provide the Service to you.

 

24 Third party services

You may, through hypertext or other computer links from the Service, access or use certain websites or  services that are not operated or controlled by Epson but are managed by third parties. You acknowledge and agree that Epson is not responsible for such third-party sites or services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, quality, or any other aspect thereof. These third-party websites and services are subject to their own terms and conditions, and when you access and use such third-party websites or services, you will be legally bound by their respective terms and conditions. If there is any inconsistency between the Terms of Use and the terms and conditions of such third-party websites or services, the third-party websites’ or services’ terms and conditions shall apply with respect to your access and use of such websites or services. Although the Service may provide links to third-party websites or services, such links do not constitute any authorization, approval, sponsorship, or affiliation by Epson with respect to such websites or services, their content, their owners, or their providers. The links are provided solely for your convenience. Accordingly, Epson makes no representations regarding such websites or services and provides no support related thereto. Epson has not examined any information, products or software posted on such websites or services and therefore makes no representations regarding such information, products, or software. You agree that Epson bears no responsibility for the content or operation of such websites or services. It is your responsibility to take adequate precautions to ensure that items you select are free of viruses, worms, Trojan horses or other harmful components. You are solely responsible for determining the extent to which you may use any content obtained from third‑party websites or services linked from the Service.

 

25 Compliance with export laws

Use of this Service by you shall be in compliance with applicable export laws, export restrictions and export regulations.

 

26 No Waiver

Non-exercise or claim to the rights under the Terms of Use by the user or Epson shall not be deemed as waiver of such rights nor affect the retroactive use of such rights.

 

27 Notification

Epson may post notification on the Website in order to inform you of information related to this Service. Upon posting on the Website, Epson shall deem such notification as received by you.

 

28 Severability

In case any section of the Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, the validity of other sections of the Terms of Use shall not be affected, and shall remain valid and enforceable according to the Terms of Use.

 

29 Amendment of Terms

Epson may amend the Terms of Use and the EPSON RC+ Software License Agreement from time to time by individual notice or by posting a notice on the Website, provided that Epson gives prior notice to the extent reasonably practicable. Epson may provide a shorter notice period, or no prior notice, if Epson reasonably determines that such action is necessary to address an imminent risk. Epson will act reasonably and may amend the Terms of Use and the EPSON RC+ Software License Agreement to the extent reasonably necessary to protect its legitimate business interests, including to reflect new or additional features provided through the Service, to protect intellectual property, to prevent deceptive or unauthorized use of the Service, for security or technical reasons, or to comply with changes in applicable laws. If you continue to use the Service after the effective date of the amended Terms of Use, you shall be deemed to have agreed to such amendments. If you do not agree to the amended Terms of Use and the EPSON RC+ Software License Agreement, you must discontinue your use of the Service.

 

30 Refund

30.1 Epson will generally not provide refunds for license fees or any other consideration already paid in connection with the Service, except where a refund or other remedy is required under applicable law.

30.2 If you acquire the Service in Australia, this Article shall be subject to Section A.3.1.

 

(THE FOLLOWING SECTIONS A.1-A.3 OF THIS DOCUMENT MAY APPLY TO YOU IF YOU ACQUIRE GOODS OR SERVICES IN AUSTRALIA (SEE SECTIONS A.2.1 AND A.3.1 FOR FURTHER INFORMATION AS TO WHEN THESE SECTIONS APPLY)

 

A.1. Definition. For the purposes of the following Sections A.2-A.3, the Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

 

A.2.1 Acquiring Service as a Consumer. If you acquire the Service in Australia as a consumer under the Australian Consumer Law, which can include individuals or businesses or other entities of any size, the Terms of Use are subject to the following Sections A.2.2 and A.2.3.

 

A.2.2 Australian Consumer Law. Nothing in the Terms of Use applies where it would exclude, restrict or modify any right or remedy you may have under the Australian Consumer Law if such right or remedy cannot lawfully be excluded, restricted or modified.

Notwithstanding anything to the contrary in the Terms of Use, if you acquire goods (other than goods acquired for the purpose of resupply) and services from Epson as a consumer, they come with statutory guarantees under the Australian Consumer Law that are not excluded by any other terms of the Terms of Use.

The statutory guarantees include (without limitation) the following:

Goods must be of acceptable quality. This means they must:

-be safe;

-be free from defects;

-be acceptable in appearance and finish;

-do all the things someone would normally expect them to do;

-match any demonstration model or sample;

-be fit for the purpose which Epson has represented to you it would be fit for;

-match the description of the goods given by Epson; and

-meet any express warranty given by Epson to you at the time of your purchase about their performance, condition and quality.

 

Services provided by Epson must:

-be provided with due care and skill or technical knowledge;

-be fit for the purpose or give the results that have been agreed to; and

-be delivered within a reasonable time when there is no agreed end date.

 

To the extent that Epson fails to comply with a consumer guarantee applicable to you under the Australian Consumer Law you are entitled to the remedies as set out in the Australian Consumer Law. For major failures with the service, you are entitled:

-to cancel your service contract with Epson; and

-to a refund for the unused portion, or to compensation for its reduced value.

 

You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

 

A.2.3 Disclaimer of Warranty and Remedy.

A.2.3.1 Article 14 shall not apply to you. Instead, the following provisions shall apply:

NOTHING IN THE TERMS OF USE EXCLUDES, RESTRICTS, OR MODIFIES ANY WARRANTIES, GUARANTEES, RIGHTS, OR REMEDIES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW.

A.2.3.1.1 Epson makes no representations or warranties, whether express or implied, regarding any of the following:

(1) that the Service does not infringe any third party’s copyrights, trademarks, patents, design rights, or other intellectual property rights, trade secrets, privacy rights, or other legal or moral rights;

(2) that the use or operation of the Service complies with the applicable laws, rules, regulations, or other legal requirements of all states or jurisdictions;

(3) that the Service is compatible with all devices;

(4) that any malfunction of the Service caused by updates or upgrades to the operating system or browser of a device used to access the Service will be corrected through any upgrade, update, modification, or other action taken by Epson; or

(5) with respect to the remote connection and monitoring functions of Epson Hardware using the Service, their completeness, accuracy, real-time performance, continuity, or the results of any operations performed using such functions.

A.2.3.1.2 In addition to the foregoing, the Service is provided on an “AS IS” basis and without warranties of any kind. Epson makes no warranties regarding the performance of the Service or the results obtained from its use. Epson does not warrant that the Service will operate without interruption, suspension, or termination, that it will be continuously available, that it will be error-free, free from viruses, harmful components or vulnerabilities, that Your Data will not be lost or corrupted or can be fully restored, that the Service will continuously or properly operate in conjunction with Linked Third-Party Services, or that the functions of the Service will meet your needs or requirements. Epson does not warrant any service levels with respect to the Service, including availability, response times, recovery times, maintenance response times, data retention periods, data recovery, or any other service level. To the maximum extent permitted by applicable law, Epson disclaims all other warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights. Epson’s sole and exclusive responsibility and liability for any breach of warranty shall be limited to a refund of the purchase price of the applicable license. This limited warranty shall be void if any defect in the Service results from accidental damage, abuse, or misuse. Some states or jurisdictions do not allow the exclusion or limitation of implied warranties in certain transactions, and in such states or jurisdictions, the above limitations and exclusions may not apply.

A.2.3.2 Article 20.6 shall not apply to you. Instead, the following provisions shall apply:

NOTHING IN THE TERMS OF USE EXCLUDES, RESTRICTS, OR MODIFIES ANY WARRANTIES, GUARANTEES, RIGHTS, OR REMEDIES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW.

Epson makes no warranties whatsoever regarding the information, content, data, databases, software, documents, program code, FAQs, or other materials provided by the AI Assistant Service, including, without limitation, their suitability for a particular purpose, accuracy, usefulness, completeness, safety, comprehensiveness, legality, non-infringement of third-party rights, timeliness, currency, absence of legal defects, absence of errors, uninterrupted operation, correction of defects, absence of vulnerabilities, absence of harmful components, or accessibility to such information and materials.

 

A.3.1 Acquiring the Service under a Consumer or Small Business Contract.

If:

(a) you are an individual and you acquire the Service wholly or predominantly for personal, domestic or household use or consumption; or

(b) the Terms of Use constitute a small business contract (as that term is defined in the Australian Consumer Law from time to time),

then the following Sections A.3.2-A.3.4 will apply to you.

 

A.3.2 Limitation of Liability.

A.3.2.1 Article 15.1 shall not apply to you. Instead, the following provisions shall apply:

Subject to Section A.2.1, Epson shall not be liable for any of the following, except to the extent that the damage was caused by the negligence, fraud, recklessness, or wilful misconduct of Epson or its employees, officers, contractors, or agents:

(1) any damage incurred by you due to providing false or incorrect Registration Information;

(2) any damage incurred by you as a result of being unable to use Epson Global ID Compatible Services due to forgetting your Epson Global ID;

(3) any damage incurred by you as a result of being unable to use the Service because you lost, forgot, or failed to properly manage your License Key;

(4) any damage incurred by you as a result of improper management of your Registration Information or the use of your Registration Information by a third party;

(5) any damage incurred by you due to your failure to follow the procedures for changing your Registration Information;

(6) the disclosure or leakage to any third party of any information, including Customer Information, Your Data, or Registration Information, as a result of your inadequate management of the Equipment, including the loss of any Service-Related Equipment;

(7) any damage incurred by you as a result of delays, waiting times, or restrictions in the use of all or part of the Service caused by concentration of use of the Service, excessive access, system loads, or other causes not attributable to Epson;

(8) any damage incurred by you as a result of being unable to use the Service due to your network environment or Internet connection environment;

(9) any damage or dispute incurred by any third party, including yourself, as a result of your use of the Service, any illegal act committed through the use of the Service, or any act prohibited under Article 10.1 or Article 20.4;

(10) any loss or damage related to or arising from any intentional act or negligence of any third party;

(11) any loss or damage related to or arising from e-mails between you and Epson;

(12) any damage incurred by you as a result of Epson’s disclosure of any data, including Registration Information, in response to any request by a court, governmental agency, supervisory authority, or other public body pursuant to applicable laws, regulations, orders, or decisions;

(13) any information obtained from services or websites accessible through links from the Service;

(14) any leakage of Your Data or any other loss caused by your incorrect configuration of data-sharing settings;

(15) any loss of Your Data resulting from system failures or any other causes;

(16) any use of the Service from any state or jurisdiction where such use or operation is deemed illegal or inappropriate;

(17) the content of Your Data or any parties with whom Your Data is shared;

(18) the content of any data transmitted or shared as a result of your connection settings for the remote operation of Epson Hardware, the recipients of such data, or any consequences arising therefrom;

(19) any misconnection, unauthorized use by third parties, information leakage, or other damages arising from your management, including misconfiguration of connection settings;

(20) any damage arising from delays in operation or interruption of connections in the remote operation of Epson Hardware using the Service due to your network environment or Internet connection environment;

(21) any damage arising from delays in data reflection or the inability to collect, store, or access data in connection with the monitoring functions of the Service due to your network environment or Internet connection environment;

(22) any damage incurred by you as a result of the loss of any of Your Data that has not been saved due to the closing of a browser, session timeout, or network failure;

(23) any damage arising from delay in performance or non-performance due to causes beyond Epson’s reasonable control; and

(24) any disadvantage or damage incurred by you or any third party arising from any modification, suspension, interruption, or termination of the Service pursuant to Article 19.

A.3.2.2 Article 15.3 shall not apply to you. Instead, the following provision shall apply:

Subject to Section A.2.1, neither party shall be liable for any indirect, special, incidental, or consequential damages, whether arising under contract, tort (including negligence), breach of warranty, misrepresentation, or otherwise, including without limitation damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss, arising out of the use of or inability to use the Service, or arising out of the Terms of Use, even if that party or its representative has been advised of the possibility of such damages.

A.3.2.3 Article 20.8 shall not apply to you. Instead, the following provision shall apply:

Subject to Section A.2.1, (a) Epson shall not be liable for any errors in such information, and (b) Epson shall not be liable for any damages incurred by you as a result of your use of such information, except to the extent that such damage was caused by the negligence, fraud, recklessness, or wilful misconduct of Epson or its employees, officers, contractors, or agents.

 

A.3.3 Indemnification. Article 16.3 will not apply to you.

 

A.3.4 Refund. Article 30.1 shall not apply to you. Instead, the following provision shall apply:

Except for refunds available under Section A.2.1 or pursuant to any consumer guarantees under the Australian Consumer Law, Epson will generally not provide refunds of fees or any other consideration already paid by you in connection with the Service.

 

(IF YOU ARE LOCATED IN THE UNITED STATES, THE FOLLOWING SECTIONS B.1-B.2 APPLY TO YOU)

B.1. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

 

B.1.1 Disputes. The terms of this Section B.1 shall apply to all Disputes between you and Epson. The term “Dispute” is meant to have the broadest meaning permissible under law or in equity and includes any past, present, or future dispute, claim, controversy or action between you and Epson including those that arose before the existence of this or any prior agreement arising out of or relating to the Terms of Use (including its formation, performance, or breach), the Service, Epson Hardware, the parties’ relationship with each other and/or any other transaction involving you and Epson, whether in contract, or with respect to warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis.  However, a “Dispute” does not include a claim or cause of action for (a) trademark infringement or dilution, (b) patent infringement, (c) copyright infringement or misuse, or (d) trade secret misappropriation (an “IP Claim”). A “Dispute” also does not include a request for public injunctive relief. You and Epson agree, consistent with Section B.1.6(a), that a court, not an arbitrator, may decide if a claim or cause of action is for an IP Claim, as well as whether a claim seeks public injunctive relief. 

 

B.1.2 Initial Dispute Resolution. Before submitting a claim for arbitration in accordance with this Section B.1, you and Epson agree to try, for sixty (60) days, to resolve any Dispute informally. If Epson and you do not reach an agreement to resolve the Dispute within the sixty (60) days, you or Epson may commence an arbitration in accordance with Section B.1.6. Notice to Epson must be addressed to: Epson America, Inc., ATTN: Legal Department, 3131 Katella Avenue, Los Alamitos, CA 90720-2335. Any notice of the Dispute shall include the sender’s name, address and contact information, the facts giving rise to the Dispute, and the relief requested. Any notice sent to you will be sent to the most recent address Epson has in its records for you. For this reason, it is important to notify us if your address changes by emailing us at EAILegal@ea.epson.com or writing us at the address above. You and Epson agree to act in good faith to resolve the Dispute before commencing arbitration in accordance with this Section B.1. To minimize the cost and inconvenience to all parties, and to promote prompt resolution of Disputes, you and we agree that engaging in this initial dispute resolution process is a material term of the Terms of Use and a requirement that must be fulfilled before commencing any arbitration.

Consistent with Section B.1.6(a), you and Epson agree that any disagreements regarding compliance with this Section B.1.2 shall be decided by a court, not an arbitrator; pending resolution of any such disagreements by a court, which may include requests to compel compliance with this Section B.1.2, you and we agree that arbitration (as well as any obligation to pay arbitration fees) shall be stayed until the initial dispute resolution process in Section B.1.2 is complete. You and Epson acknowledge that either party’s failure to comply with the provisions of this Section B.1.2 would irreparably harm the other, and you and Epson agree that a court may issue an order staying arbitration (and any obligation to pay arbitration fees) until the initial dispute resolution process in this Section B.1.2 is complete.

 

B.1.3 Binding Arbitration. If we do not reach an agreed upon solution within a period of sixty (60) days from the time informal dispute resolution is pursued pursuant to Section B.1.2 above, then either party may initiate binding arbitration. Except as stated below in Section B.1.4, you and Epson agree that all Disputes shall be resolved by binding arbitration according to the Terms of Use. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING, AND YOUR RIGHT TO DISCOVERY AND GROUNDS FOR APPEAL ARE MORE LIMITED THAN IN COURT. Pursuant to the Terms of Use, and except as stated below in Section B.1.6(h), binding arbitration shall be administered by JAMS, a nationally recognized arbitration provider, pursuant to the JAMS Streamlined Arbitration Rules and Procedures or its applicable code of procedures then in effect for consumer related disputes, but excluding any rules that permit class arbitration. For more detail on the procedure to initiate arbitration and what your demand for arbitration should include, see Sections B.1.6(g) and B.1.6(h) below. You and Epson understand and agree that (a) the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this Section B.1, (b) the Terms of Use memorializes a transaction in interstate commerce, and (c) this Section B.1 shall survive termination of the Terms of Use.

 

B.1.4 Exception - Small Claims Court. Notwithstanding the parties’ agreement to resolve Disputes through arbitration, either party can elect to have an individual claim resolved in small claims court of your state or municipality if the action is within that court’s jurisdiction, even if the claim was initiated by another party in a different forum.

 

B.1.5 WAIVER OF CLASS ACTION AND CLASS ARBITRATION. YOU AND EPSON AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS action or class arbitration. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section B.1.3 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

 

B.1.6 Arbitration Procedure.

a) The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, except for requests for public injunctive relief, if any, which shall be decided by a court, not an arbitrator. If either party seeks public injunctive relief, that request for relief shall be severed from any arbitration proceeding and stayed pending a final determination of the arbitration. Nothing in Section B.1 of the Terms of Use shall be construed as a waiver of either party’s right to seek public injunctive relief, and you and we agree to cooperate to effect the stay of any requests for public injunctive relief.

The arbitrator is bound by the Terms of Use. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms of Use, including any claim that all or any part of the Terms of Use is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, and consistent with Sections B.1.1, B.1.2, B.1.6(a) and B.1.6(h) of the Terms of Use, a court may determine: (i) the limited question of whether a claim or cause of action is for an IP Claim, which is excluded from the definition of “Disputes” in Section B.1.1 above; (ii) disagreements regarding compliance with the initial dispute resolution provisions in Section B.1.2 above; (iii) disagreements regarding claims for public injunctive relief as set forth in this Section B.1.6(a); and/or (iv) disagreements regarding the provisions for “Mass Arbitration” in Section B.1.6(h) below.

 

b) Costs of Arbitration and Legal Fees. In some instances, the costs of arbitration can exceed the costs of litigation. Each party will have the right to use legal counsel in connection with arbitration at its own expense. If, however, the arbitrator determines that a claim or defense asserted by you or Epson is patently frivolous or in bad faith, the arbitrator may award the reasonable legal fees and costs incurred by the other party defending against the claim or defense. By way of illustration only, and without limitation, a patently frivolous claim may be found where it is based on a product never purchased by a claimant.

c) Discovery. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration. The right to discovery may be more limited in arbitration than in court.

d) Awards. The arbitrator’s award is binding and may be entered as a judgment in any court of competent jurisdiction.

e) Hearing Format and Location.  You may choose to engage in arbitration hearings by telephone or, if you and we both agree, to conduct it online, in lieu of appearing live. Arbitration hearings not conducted by telephone or online shall take place in a location reasonably accessible from your primary residence, or in Orange County, California, at your option.

f) Settlement Offers. During the arbitration, the amount of any settlement offer made shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Epson is entitled.

g) Initiation of Arbitration Proceeding Before JAMS. Except as stated in Section B.1.6(h) below, if you or Epson commences arbitration, the arbitration shall be governed by the JAMS Streamlined Arbitration Rules and Procedures or the applicable rules of JAMS that are in effect when the arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “JAMS Rules”), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in the Terms of Use. All Disputes shall be resolved by a single neutral arbitrator, which shall be selected in accordance with the JAMS Streamlined Arbitration Rules and Procedures, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. If either you or Epson decides to arbitrate a Dispute before JAMS, both parties agree to the following procedure:

(i) Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. The demand also must identify the product purchased, identify the date and place of purchase and, if possible, provide the serial number and proof of purchase. You can find a copy of a demand for arbitration at http://www.jamsadr.com.

(ii) Send three copies of the demand for arbitration, plus the appropriate filing fee, to: JAMS, 500 North State College Blvd., Suite 600 Orange, CA 92868, U.S.A.

(iii) Send one copy of the demand for arbitration to the other party (at the same address as the notice of a dispute, above in section B.1.2), or as otherwise agreed by the parties.

h) Initiation of Mass Arbitration Before FedArb. Notwithstanding Sections B.1.3 and B.1.6(g), if 20 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.”

If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by FedArb, a nationally recognized arbitration provider, and governed by the FedArb Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “FedArb Rules”), and under the rules set forth in the Terms of Use. The FedArb Rules are available at https://www.fedarb.com/ or by calling 1-650-328-9500. You and we agree that the Mass Arbitration shall be resolved using FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL, available at https://www.fedarb.com/.

Before any Mass Arbitration is filed with FedArb, you and we agree to contact FedArb jointly to advise that the parties intend to use FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL. The individual demands comprising the Mass Arbitration shall be submitted on FedArb’s claim form(s) and as directed by FedArb.

Consistent with Section B.1.6(a) above, you and Epson agree that if either party fails or refuses to commence the Mass Arbitration before FedArb, you or Epson may seek an order from a court of competent jurisdiction compelling compliance with this Section B.1.6(h) and compelling administration of the Mass Arbitration before FedArb. Pending resolution of any such requests to a court, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and Epson acknowledge that either party’s failure to comply with the provisions of this Section B.1.6(h) would irreparably harm the other, and you and Epson agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this Section B.1.6(h) are resolved by the court.

 

B.1.7 30 Day Opt-out Right. You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure and waiver of class proceedings set forth in Sections B.1.3 to B.1.6 of the Terms of Use by sending a written letter to the Epson address listed above in Section B.1.2 within thirty (30) days of your assent to the Terms of Use that specifies (i) your name, (ii) your mailing address, and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class proceedings specified in this Section B.1. In the event that you opt-out consistent with the procedure set forth above, all other terms set forth in the Terms of Use, including this Section B.1, shall continue to apply, including the requirement to provide notice prior to litigation. If you opt-out of these arbitration provisions, Epson will also not be bound by them.

 

B.1.8 Amendments to Section B.1. Notwithstanding any provision in the Terms of Use to the contrary, you and Epson agree that if Epson makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Epson’s address) in the Terms of Use, Epson will obtain your affirmative assent to the applicable amendment. If you do not affirmatively assent to the applicable amendment, you are agreeing that you will arbitrate any Dispute between the parties in accordance with the language of this Section B.1 (or resolve disputes as provided for in Section B.1, if you timely elected to opt-out) when you first assented to the Terms of Use.

 

B.1.9 Severability. If any provision in this Section B.1 is found to be unenforceable, that provision shall be severed with the remainder of the Terms of Use remaining in full force and effect. The foregoing shall not apply to the prohibition against class actions as provided in Section B.1.5. This means that if Section B.1.5 is found to be unenforceable, the entire Section B.1 (but only Section B.1) shall be null and void.

 

B.2 For New Jersey Residents. NOTWITHSTANDING ANY TERMS SET FORTH IN THE TERMS OF USE, IF ANY OF THE PROVISIONS OF THE TERMS OF USE ARE HELD UNENFORCEABLE, VOID OR INAPPLICABLE UNDER NEW JERSEY LAW, THEN ANY SUCH PROVISION SHALL NOT APPLY TO YOU BUT THE REST OF THE TERMS OF USE SHALL REMAIN BINDING ON YOU AND EPSON. NOTWITHSTANDING ANY PROVISION IN THE TERMS OF USE, NOTHING IN THE TERMS OF USE IS INTENDED TO, NOR SHALL IT BE DEEMED OR CONSTRUED TO, LIMIT ANY RIGHTS AVAILABLE TO YOU UNDER THE TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT.

 

(IF YOU ARE LOCATED IN JAPAN, THE FOLLOWING SECTION APPLIES TO YOU)

C.1. Governing Law and Jurisdiction. The Terms of Use shall be governed by and construed in accordance with the laws of Japan, without giving effect to its conflicts of laws provisions. In case of any dispute regarding the Service between you and Epson, the Tokyo District Court shall be the agreed court with exclusive jurisdiction. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded in all cases.

 

(IF YOU ARE LOCATED IN EUROPE (DEFINED FOR THE PURPOSE OF THE TERMS OF USE AS INCLUDING THE EUROPEAN UNION (EU), THE EUROPEAN ECONOMIC AREA (EEA), THE EUROPEAN FREE TRADE ASSOCIATION (EFTA) COUNTRIES, THE UNITED KINGDOM AND THE BALKAN REGION COUNTRIES), MIDDLE EAST and AFRICA, THE FOLLOWING SECTION APPLIES TO YOU)

D.1. Governing Law and Jurisdiction. This section shall apply to all disputes between you and Epson. Any dispute between you and Epson, whether in contract or in tort, shall be heard and determined by the courts of Amsterdam in the Netherlands, unless we give notice to you requiring it to be heard and determined in a country in which you have your Residence. You irrevocably consent to the registration and enforcement in and by the courts of any other country of any judgement obtained against you in the Courts of Amsterdam in the Netherlands, or such other permitted country, and undertake not to challenge or obstruct any such registration or enforcement proceedings.

 

(IF YOU ARE LOCATED IN EUROPE, THE FOLLOWING SECTION APPLIES TO YOU)

E.1. EU Data Act Agreement with Users.  Where the User qualifies as a “user” within the meaning of Regulation (EU) 2023/2854 (the “EU Data Act”) and the EU Data Act is applicable, the terms and conditions governing access to and use of data under the EU Data Act (the “EU Data Act Agreement with Users”) are incorporated herein by reference. The EU Data Act Agreement with Users is made available via the following URL: Country Selector | Epson Europe which directs the User to a landing page allowing selection of the relevant country and language. After selecting the applicable country and language, the User may access the EU Data Act Agreement with Users by navigating to the “EU Data Act Compliance” section available in the footer of the relevant webpage. The User is required to open and review the EU Data Act Agreement with Users by entering into the Terms of Use and/or accessing or using the relevant products or services, the User acknowledges and agrees that the EU Data Act Agreement with Users forms an integral and binding part of the Terms of Use, and in the event of any conflict, the EU Data Act Agreement with Users shall prevail to the extent necessary to ensure compliance with the EU Data Act.

 

(IF YOU ARE LOCATED IN SOUTHEAST ASIA, THE FOLLOWING SECTION APPLIES TO YOU)

F.1. Governing Law and Jurisdiction. The Terms of Use shall be governed by and construed in accordance with the laws of the country in which you reside. This section shall apply to all disputes between you and Epson. Any dispute, controversy or claim arising out of or relating to the Terms of Use, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and to be administered by the Singapore International Arbitration Centre. The number of arbitrators shall be one (1), and such arbitrator shall be appointed by Epson. The place and seat of arbitration shall be the country in which you have Residence, unless otherwise determined by Epson. You agree that the decision of the arbitrator shall be final and binding, and you undertake not to challenge or obstruct any such registration or enforcement proceedings. The language used in the arbitration proceedings shall be English.

 

(IF YOU ARE LOCATED IN CHINA, THE FOLLOWING SECTION APPLIES TO YOU)

G.1. Governing Law and Jurisdiction. The Terms of Use shall be governed by and construed in accordance with the laws of the People's Republic of China. All disputes arising from or in connection with the Terms of Use shall be resolved through friendly consultation. If such disputes cannot be resolved through such consultation, such disputes shall be submitted to Beijing Arbitration Commission for arbitration in accordance with its rules of arbitration in effect at the time of applying for arbitration. The seat of arbitration shall be Beijing. The arbitral award is final and binding upon both parties.

G.2. Handling of Your Data. Notwithstanding the provisions of Article 13.2 of the Terms of Use, you agree that Epson may, as necessary, provide Your Data to Epson’s licensors, and that such licensors may, to the extent permitted by applicable law, freely use Your Data. Your Data should not include personal information, confidential information, important data or other information that you are not authorized to disclose or permit to be used.

 

(IF YOU ARE LOCATED IN REPUBLIC OF KOREA, THE FOLLOWING SECTION APPLIES TO YOU)

H.1  Governing Law and Jurisdiction. The Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Korea, without giving effect to its conflicts of laws provisions. In case of any dispute regarding the Service between you and Epson, the Seoul Central District Court shall be the agreed court with exclusive jurisdiction. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded in all cases.