Customers (hereinafter referred to as "Customer") who apply to NCS Corporation (hereinafter referred to as "the Company") for approval procedures should carefully review the following Terms of Service. By applying to the Company for approval procedures, the Customer shall be deemed to have agreed to the following Terms of Service.

Article 1 (Purpose)

1. The purpose of these Terms of Service is to clarify the contractual relationship between the Customer and the Company and to ensure the smooth execution of approval procedures.

2. The Customer and the Company shall respond to each other in good faith regarding approval procedures, and matters not stipulated in these Terms of Service shall be discussed in good faith.

Article 2 (Definitions)

1. "Approval Procedures"
   The approval procedures for type approval applied for or having been applied for by the Customer to the Company.

2. "Application"
   The application for approval procedures related to type approval made by the Customer to the Company. When applying, the Customer must submit the application form for approval, drawings, documents, etc. (including electromagnetic records where electromagnetic records are permitted; the same shall apply hereinafter) as stipulated in the Ordinance on Testing of Machinery, etc. This constitutes the Customer's offer to enter into a contract with the Company regarding the Approval Procedures.

3. "Type Approval"
   Type approval as defined in the Industrial Safety and Health Act and the Ordinance on Testing of Machinery, etc.

4. "Acceptance"
   The Company's expression of intent to establish a contract regarding approval procedures in response to the Customer's application under Paragraph 2 (constituting acceptance of the offer). When the application and acceptance match, a contract regarding approval procedures is established between the Customer and the Company.

Article 3 (Establishment of Contract)

When the Customer applies to the Company for approval procedures as stipulated in the following article, and the Company sends an acceptance record in writing or by electromagnetic record method (email, etc.) in response to said application, a contract regarding approval procedures between the Customer and the Company is established.

Article 4 (Application, etc.)

1. The Customer represents and warrants to the Company that it meets the qualification requirements for applicants as stipulated in the Ordinance on Testing of Machinery, etc., during the period in which the contract is valid.

2. The Customer must submit to the Company the application form for approval, drawings, documents, etc. as stipulated in the Ordinance on Testing of Machinery, etc. at the time of application.

3. In addition to the preceding paragraph, the Customer must submit to the Company the actual product (sample of the applied type) as stipulated in the Ordinance on Testing of Machinery, etc. when requested by the Company. However, this excludes cases where type approval is conducted at a location other than the location designated by the Company under Article 6.

4. The Customer agrees that the Company may conduct destructive testing and other tests that destroy the actual product (sample of the applied type) in Paragraph 3 as necessary during the approval procedures. Furthermore, the Customer agrees that the actual product in Paragraph 3 may lose its product functionality through the process of approval procedures, regardless of whether destructive or non-destructive testing is conducted.

5. If the Company has doubts about the ownership or right to use the application form for approval, drawings, documents, etc. in Paragraph 2, or judges that there are missing documents, etc., the Company may make inquiries to the Customer. The Customer must respond to the Company's inquiries in good faith.

6. If the Company judges that the response in the second sentence of the preceding paragraph is insufficient, the Customer acknowledges that the Company may suspend the approval procedures or take other measures.

Article 5 (Precautions When Applying)

1. The Customer should pay attention to the following points when applying:

   (1) Contracts for sale or lease to third parties
   When concluding a contract with a third party for the sale or lease of machinery, etc. related to a type that has not passed type approval, please ensure that the content of the contract stipulates that the sale or lease will not take effect unless type approval is obtained.

   (2) Management of the validity period of the Type Approval Certificate
   The Customer is responsible for managing the validity period of the Type Approval Certificate held by the Customer. The Company will not individually notify the Customer that the validity period is approaching expiration.
   Customers who wish to renew their Type Approval Certificate should check the application acceptance period published on the Company's website, etc., and apply with sufficient time to spare.

2. Even if the type approval examination procedures or Type Approval Certificate renewal procedures are not completed within the period expected by the Customer due to delays in the Customer's application, deficiencies in submitted documents, or other circumstances on the Customer's side (including matters that the Customer requests from other companies), the Company shall not be liable for any damages incurred by the Customer, and the Customer agrees to this in advance.

Article 6 (Type Approval)

1. Type approval shall be conducted at a location designated by the Company. However, if it is difficult to conduct type approval at the location designated by the Company due to circumstances, the location for conducting type approval shall be determined through consultation between the Customer and the Company.

2. The standards for type approval shall be as stipulated in the Industrial Safety and Health Act and Ministerial Ordinances of the Ministry of Health, Labour and Welfare. The Company cannot approve a type unless the Company recognizes that the structure of the machinery, etc. applied for by the Customer and the facilities, etc. for manufacturing and inspecting said machinery, etc. conform to the standards stipulated in the Ministerial Ordinances of the Ministry of Health, Labour and Welfare.

3. The approval stipulated in the preceding paragraph shall be certified by the issuance of the Type Approval Certificate stipulated in the following paragraph.

4. The Company shall issue a Type Approval Certificate to the Customer for types that have passed type approval. If the approval procedures take time or if there is an inquiry from the Customer regarding the issuance of the Type Approval Certificate, the Company will explain the circumstances and situation to the Customer.

5. The Customer must not sell, lease, etc. machinery, etc. related to types that have not passed type approval to third parties. If the Customer sells, leases, etc. said machinery, etc. to third parties during the Company's approval procedures (before passing type approval) or after it becomes clear that approval will not be obtained, the Company shall not bear any responsibility.

6. When the Customer requests renewal of the validity period of the Type Approval Certificate, reissuance, or changes to the matters stated on the Type Approval Certificate from the Company, the Customer shall apply in accordance with Article 4. When making such application, the Customer must submit to the Company the necessary documents such as the renewal approval application form, Type Approval Certificate reissuance application form, or Type Approval Certificate change application form as stipulated in the Ordinance on Testing of Machinery, etc., within the period stipulated in the Ordinance on Testing of Machinery, etc.

7. When the Type Approval Certificate held by the Customer becomes invalid (excluding cases where the validity period of the Type Approval Certificate has expired), the Customer must return the Type Approval Certificate to the Company without delay.

Article 7 (Payment of Approval Fees)

1. The Customer must pay the approval fee designated by the Company by the deadline designated by the Company when receiving approval procedures. In principle, the approval fee shall be paid by transfer to the bank account designated by the Company, and the transfer fee shall be borne by the Customer.

2. The approval fee in the preceding paragraph includes travel allowances and transportation expenses when the Company's personnel travel on business, fees for on-site testing, and additional charges when corrective measures are necessary for the approval procedures (measures, etc. that require additional responses by the Company when there are deficiencies or unclear points in the Customer's application).

3. If the Customer does not pay the approval fee, the Company may not implement the approval procedures or may suspend ongoing approval procedures or take other measures.

4. The Company cannot refund approval fees paid to the Customer, regardless of the reason.

Article 8 (Disputes with Third Parties)

1. If the Company receives a notice or communication from a third party regarding the approval procedures applied for by the Customer, the Company will notify the Customer of the content of the notice or communication from the third party.

2. In the preceding paragraph, the Company will not respond to the notice or communication from the third party, and the Customer shall respond to the third party.

3. Depending on the situation in Paragraph 1 and the preceding paragraph, the Company may suspend the approval procedures or take other measures at the Company's discretion, and the Customer acknowledges the decision to suspend.

4. In the preceding paragraph, when the approval procedures are suspended, the approval procedures shall be resumed at the point when the Company judges that the problem between the Customer and the third party has been resolved.

Article 9 (Prohibited Acts)

The Customer shall not engage in the following acts when applying for the Company's approval procedures, etc. If any of the following acts by the Customer causes damage to the Company or a third party, the Customer shall be responsible for compensating for all such damages.

1. Acts that infringe or are likely to infringe upon the property or privacy of the Company or third parties.

2. Acts that cause or are likely to cause disadvantage or damage to the Company or third parties.

3. Acts that are or are likely to be contrary to public order and morals.

4. Criminal acts or acts that lead to criminal acts, or acts likely to do so.

5. Acts of making false reports or notifications, such as registering another person's email address or other contact information.

6. Acts of using or providing harmful programs such as computer viruses, or acts likely to do so.

7. Acts that obstruct the Company's business by accessing the Company's website, servers, etc., altering information, or transmitting harmful computer programs.

8. Acts that violate or are likely to violate laws, regulations, or ordinances.

9. Other acts that the Company deems inappropriate, such as acts that damage the Company's reputation.

Article 10 (Handling of Suspension of Approval Procedures or Deemed Abandonment of Application)

1. If approval procedures are suspended for any reason, the Company may, at its discretion, deem the Customer's application to have been withdrawn (hereinafter referred to as "Deemed Abandonment"), taking into consideration the period (the period during which suspension is permitted shall be in principle three months, maximum one year, but the period may vary depending on the circumstances), the prospects for resolving the cause of the suspension (if the Company judges that there is no prospect of resolving the cause, it may deem the application to have been withdrawn), the status of responses to inquiries from the Company (in cases of responses not made in good faith or no response within a certain period, the Company may deem the application to have been withdrawn), the status of changes to the standards for type approval (if the content of the Customer's application no longer conforms to the standards after changes to the standards for type approval, the Company may deem the application to have been withdrawn), and the status of consultations with the Company.

2. Regarding the Company's decision of Deemed Abandonment in the preceding paragraph, the Customer shall not raise any objections or claims for damages against the Company.

Article 11 (Exclusion of Antisocial Forces)

1. The Customer and the Company represent that neither itself nor its agent falls under any of the following items and covenant that it will not fall under any of them in the future:

   (1) An organized crime group, a member of an organized crime group, a person who has not passed five years since ceasing to be a member of an organized crime group, a quasi-member of an organized crime group, a company related to organized crime groups, a corporate racketeer, a racketeering group engaging in criminal activities under the pretext of conducting social campaigns or political activities, or a crime group specialized in intellectual crimes. These entities are collectively referred to as "Organized Crime Group Members, etc." and include any other persons equivalent to those listed above.

   (2) Having a relationship recognized as unjustly utilizing Organized Crime Group Members, etc., such as for the purpose of seeking one's own or a third party's wrongful profit or causing damage to a third party

   (3) Having a relationship recognized as being involved in providing funds, etc. to Organized Crime Group Members, etc. or providing convenience

2. The Customer and the Company covenant not to engage in any of the following acts by themselves or by utilizing a third party:

   (1) Violent demands
   (2) Unreasonable demands beyond legal responsibility
   (3) Acts of using threatening language or behavior or using violence in relation to transactions
   (4) Acts of damaging the other party's credibility or obstructing the other party's business by spreading rumors, using fraudulent means, or using force
   (5) Other acts equivalent to each of the preceding items

Article 12 (Termination of Contract)

1. The Customer or the Company may terminate the contract in case of violation of these Terms of Service or in case of breach of contractual obligations in the contract between the Customer and the Company, and such breach is not cured within a reasonable period after receiving a demand for performance.

2. The Customer or the Company may terminate this contract without any demand if the other party falls under any of the following:

   (1) When it is found that the representation in Article 11, Paragraph 1 is contrary to fact
   (2) When, contrary to the covenant in Article 11, Paragraph 1, the party falls under any of the items of the same paragraph
   (3) When, contrary to the covenant in Article 11, Paragraph 2, the party engages in any of the acts falling under any of the items of the same paragraph

3. When this contract is terminated pursuant to the provisions of the preceding paragraph, the terminated party must compensate the other party for damages arising from the termination.

Article 13 (Limitation of Liability)

A party that violates this contract shall be liable for damages caused to the other party by such violation. However, the upper limit of damages for which the Company is liable shall be the amount of the approval fee paid by the Customer.

Article 14 (Revision of Terms)

1. The Company may modify these Terms of Service as necessary, and the Customer agrees to be bound by such modifications.

2. When changing these Terms pursuant to the preceding paragraph, the Company shall notify the content of the revised Terms and the effective date thereof by appropriate means, such as posting on the Company's website or individual communication to the Customer.

3. When changing these Terms pursuant to Paragraph 1, the changes to these Terms shall take effect when the effective date specified in the preceding paragraph arrives.