These provisions govern all services, deliverables, and information (“Services”) supplied by the undersigned sole proprietor (“Provider”). By engaging the Services, the client (“Client”) accepts these terms.
1. Scope
Services include—but are not limited to, software development, lectures, writing, and photo/video production. Pre-contract proposals and estimates are likewise covered.
2. Independence & Separation from Gartner
- The Provider operates independently of Gartner, Inc. and its affiliates.
- No Gartner trademarks, logos, research, data, or internal resources will be used.
- Confidential, non-public information obtained through Gartner employment will not be disclosed.
3. Service Restrictions
- The Provider will not supply Services to Gartner employees, officers, clients, or prospects.
- Should such involvement be discovered later, the Provider may immediately terminate the engagement.
4. Board & Executive Positions
The Provider shall not assume any director, statutory auditor, executive officer, or co-management role in external entities; assistance is limited to advisory capacity.
5. Confidentiality
- All non-public technical, commercial, financial, or personal data exchanged by either party is confidential.
- Exclusions: (a) information already public, (b) already lawfully possessed, (c) disclosures mandated by law or court order.
6. Intellectual Property
- Unless expressly agreed otherwise, copyright and related IP in deliverables remain with the Provider.
- The Client receives a non-exclusive, purpose-limited license; redistribution, modification, or transfer require prior consent.
- Open-source components will be incorporated only under compliant licenses.
7. Personal Data & Data Protection
- The Provider complies with Japan’s APPI, GDPR, and other applicable laws, and will not process personal data beyond agreed purposes. Cross-border transfers or sub-processors require prior written consent.
8. Compliance & Export Controls
The Provider adheres to anti-bribery statutes, sanctions regimes, and export-control regulations, and will not serve prohibited countries, entities, or individuals.
9. Sub-contracting
- Third-party specialists may be engaged under the Provider’s responsibility, subject to prior confidentiality and quality agreements with the Client.
10. Disclaimer & Liability Limitation
- No Warranty – Services are provided “AS IS,” with no express or implied warranties, including merchantability, fitness for a particular purpose, or non-infringement.
- Exclusion of Consequential Damages – The Provider is not liable for lost profits, business interruption, data loss, or other indirect damages.
- Liability Cap – Aggregate liability shall not exceed the total fees actually paid by the Client for the relevant engagement.
11. Force Majeure
The Provider bears no responsibility for delays or failures caused by events beyond reasonable control (e.g., natural disasters, war, terrorism, governmental action, or major network outages).
12. Termination
- Either party may terminate with 30 days’ written notice. Confidentiality, IP, and liability clauses survive termination.
13. Severability
If any provision is held invalid, the remaining provisions remain in full force.
14. Governing Law & Jurisdiction
These terms are governed by the laws of Japan. The Tokyo District Court has exclusive jurisdiction for first-instance disputes.
15. Amendments
The Provider may update these terms without prior notice to reflect legal or operational changes. The latest version posted on the Provider’s official channel supersedes earlier versions.
16. Copyright, Content Protection, and Prohibited Acts
All text, photographs, images, videos, and other content published on this website and related services are protected by copyright law and other applicable regulations. Any unauthorized reproduction, copying, redistribution, adaptation, sale, publication, or use of all or part of these contents without prior written permission is strictly prohibited.
Furthermore, any acts that damage the reputation or credibility of the Provider or third parties—including defamation, dissemination of false or baseless information, malicious editing or misrepresentation, and spreading such content via social media or other means—are strictly forbidden.
In the event of any violation of the above prohibitions, the Provider will promptly take legal action (including claims for damages, injunctions, and criminal complaints) and, if necessary, cooperate with relevant authorities and legal counsel to respond rigorously.
Last Updated: May 11, 2025