Terms and Conditions

Binding Legal Agreement

These Terms and Conditions constitute a binding legal agreement between you and Data Nexus regarding your use of our website, services, and any related materials. By accessing our website or engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these terms in their entirety.

If you do not accept these terms, you must immediately cease using our services. These terms apply to all visitors, users, and others who access or use our services, whether as individuals or on behalf of organizations. For organizational users, you represent and warrant that you have the authority to bind your organization to these terms.

User Obligations and Responsibilities

Legal Compliance

You are solely responsible for ensuring that your use of our services complies with all applicable laws and regulations in your jurisdiction, including but not limited to:

Data protection and privacy laws (including GDPR, APPI, and similar regulations)
Intellectual property laws and respect for third-party rights
Export control regulations when dealing with international data transfers
Industry-specific regulations applicable to your business sector
Anti-spam, anti-fraud, and consumer protection laws
Tax obligations related to service fees and transactions

Prohibited Activities

Users are explicitly prohibited from engaging in the following activities:

Attempting to gain unauthorized access to our systems, networks, or other users' accounts
Interfering with or disrupting our services or servers connected to our services
Using automated systems, robots, or scrapers without written permission
Reverse engineering, decompiling, or disassembling any aspect of our services
Transmitting viruses, malware, or other harmful code
Engaging in fraudulent, deceptive, or misleading practices
Violating the rights of others, including privacy and intellectual property rights
Using our services to distribute spam, phishing attempts, or malicious content

Content Guidelines

Any content you submit through our services must be lawful, accurate, and not infringe on the rights of others. You are responsible for ensuring that content you provide does not contain viruses, confidential information belonging to third parties without authorization, or material that is defamatory, obscene, offensive, or otherwise objectionable. We reserve the right to remove any content that violates these guidelines without notice.

Age Requirements

Our services are intended for individuals aged 18 years or older who have legal capacity to enter into binding contracts. If you are accessing our services on behalf of an organization, you must be authorized to act on behalf of that organization and bind it to these terms. We do not knowingly provide services to or collect information from minors.

Indemnification Obligations

You agree to indemnify, defend, and hold harmless Data Nexus, its officers, directors, employees, contractors, agents, licensors, service providers, and subcontractors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) that arise from or relate to:

Your Conduct

Your use or misuse of our services, violation of these terms, or breach of any representation or warranty made to us.

Rights Violations

Your violation of any third-party rights, including intellectual property, privacy, or other proprietary rights.

Content Submission

Any content you submit, post, or transmit through our services that violates applicable laws or these terms.

Unauthorized Access

Any unauthorized access to our services that occurs through your account or credentials.

Disclaimers and Limitation of Liability

Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. We specifically disclaim all warranties, including but not limited to:

Implied warranties of merchantability and fitness for a particular purpose
Warranties regarding accuracy, reliability, or completeness of content
Warranties of uninterrupted, timely, secure, or error-free service
Warranties that defects will be corrected or that our services are free from viruses or harmful components

Limitation of Liability

To the maximum extent permitted by applicable law, Data Nexus shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, use, goodwill, or other intangible losses resulting from:

Your access to, use of, or inability to access or use our services
Any conduct or content of third parties on our services
Unauthorized access, use, or alteration of your transmissions or content
Errors, mistakes, or inaccuracies in content
Business interruption or loss of data

Our aggregate liability for all claims relating to our services shall not exceed the greater of the amount you paid us in the twelve months preceding the claim or ¥100,000 JPY.

Exclusion of Consequential Damages

Under no circumstances shall Data Nexus be liable for any damages arising from loss of profits, revenue, data, business opportunities, reputation, or other economic loss, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

Force Majeure

We shall not be liable for any failure to perform our obligations under these terms where such failure results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Legal Framework and Dispute Resolution

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms.

Jurisdiction and Venue

Any disputes, claims, or controversies arising out of or relating to these terms or our services shall be subject to the exclusive jurisdiction of the courts located in Tokyo, Japan. You consent to the personal jurisdiction of such courts and waive any objection to the exercise of jurisdiction by such courts or to venue in such courts.

Dispute Resolution Process

Before initiating any legal proceedings, parties agree to attempt to resolve disputes through good faith negotiations. If a resolution cannot be reached within thirty days, either party may pursue available legal remedies. We encourage open communication and will work with you to resolve any concerns efficiently.

Severability

If any provision of these terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed from these terms, and the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and Data Nexus concerning your use of our services. These terms supersede all prior or contemporaneous communications, proposals, and agreements between you and us regarding the subject matter herein.

Modification of Terms

We reserve the right to modify these terms at any time. Material changes will be communicated through our website or via email to registered users. Your continued use of our services following such modifications constitutes your acceptance of the updated terms. If you do not agree to the modified terms, you must discontinue use of our services immediately.

No Waiver

Our failure to enforce any right or provision of these terms shall not be deemed a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Data Nexus. Any waiver of any provision of these terms will be effective only in the specific instance and for the specific purpose for which given.

Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these terms without our prior written consent. We may assign, transfer, or delegate any of our rights and obligations under these terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

Data Nexus