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REV: 02-25-26 LF
<br />4.PAYMENT AND FEES. In payment for Customer’s access to the Services during the
<br />Term, Customer shall pay Ichi Plan the non-refundable fees set forth in Exhibit F of the
<br />Agreement (the “Fees”). Except as otherwise provided in the Agreement, Ichi Plan will
<br />issue invoices to Customer, and Customer will pay all amounts set forth on any such
<br />invoice no later than thirty (30) days after the date of such invoice. If Customer has signed
<br />up for automatic billing, Ichi Plan will charge Customer’s selected payment method (such
<br />as a credit card) for any Fees on the applicable payment date, including any applicable
<br />taxes. If Ichi Plan cannot charge Customer’s selected payment method for any reason (such
<br />as expiration or insufficient funds), Customer remains responsible for any uncollected
<br />amounts, and Ichi Plan will attempt to charge the payment method again as Customer may
<br />update its payment method information. If Customer fails to make any payment when due,
<br />Ichi Plan may suspend Services until all payments are made in full. Customer is responsible
<br />for all sales, use, ad valorem and excise taxes, and any other similar taxes, duties and
<br />charges of any kind imposed by any federal, state, multinational or local governmental
<br />regulatory authority on any amount payable by Customer to Ichi Plan hereunder, other than
<br />any taxes imposed on Ichi Plan’s income.
<br />5.MATERIALS
<br />5.1 Customer Materials. Customer hereby grants Ichi Plan a non-exclusive, worldwide,
<br />royalty-free right and license to use, reproduce, display, perform and modify the Customer
<br />Materials solely for the purpose of hosting, operating, improving and providing the
<br />Services and, subject to the limitations contained herein, for the purpose of creating or
<br />developing Aggregate Data. For clarity, the rights set forth in this Section 5 include the
<br />right for Ichi Plan to disclose and provide the Customer Materials to Ichi Plan’s third party
<br />service providers in connection with the provision of the Services to Customer. As between
<br />Customer and Ichi Plan, Customer owns and retains all right, title and interest in and to all
<br />Customer Materials. “Customer Materials” means all information, data, content, and
<br />other materials, in any form or medium, that is submitted, posted, collected, transmitted or
<br />otherwise provided by or on behalf of Customer through the Services or to Ichi Plan in
<br />connection with Customer’s use of the Services (including without limitation any materials
<br />submitted by Customer’s Authorized User(s)), but excluding, for clarity, Aggregate Data
<br />and any other information, data, data models, content or materials owned or controlled by
<br />Ichi Plan and made available through or in connection with the Services. “Aggregate
<br />Data” means any data that is derived or aggregated in deidentified form from (i) any
<br />Customer Materials, (ii) any Generated Materials; or (iii) Customer’s and/or its Authorized
<br />Users’ use of the Services, including, without limitation, any general characteristics, usage
<br />data, and/or trends with respect to the Services. Notwithstanding the foregoing, Ichi Plan
<br />acknowledges and agrees that the intellectual property contained in architectural, design or
<br />engineering documents that are submitted by the Customer for use as part of the Services
<br />are owned by the party submitting such materials to Customer as part of the code or plan
<br />check process (“Third Party IP”) and that such materials may not be included in Aggregate
<br />Data or used for training the AI model to the extent such training would result in the
<br />infringement of such Third Party IP.
<br />5.2 Generated Materials. The Services utilize generative artificial intelligence to
<br />generate materials provided to Customer by the Services that are based on the Customer
<br />ATTY/AGR.2026.050/ICHI Plan, Inc. (AI enabled Software Solution) (Page 20 of 31)
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