These Terms of Use (hereinafter, the “Terms”) set forth the conditions governing the use of the 5D Profile Assessment and related services (hereinafter, the “Service”) provided by Strategic Human Capital Consultant (Representative: Masaki Kimoto) (hereinafter, the “Company”). Any corporation using the Service, any individual examinee, and any other related party receiving information through the Service shall use the Service only after agreeing to these Terms.
Article 1 (Scope of Application)
These Terms shall apply to browsing the website related to the Service, obtaining materials, taking the assessment, viewing assessment results, receiving feedback materials, sharing within an organization, and any consulting, advice, explanation, or other ancillary services related thereto.
Article 2 (Content of the Service)
The Service is a diagnostic service for corporate use intended to support understanding of individuals and organizations based on individual personality traits, emotional traits, thinking traits, behavioral traits, work values, and such other perspectives as determined by the Company.
The purpose of the Service is to support the demonstration of each employee’s strengths, appropriate involvement by supervisors, smooth communication within teams, assignment, development, and organizational development, through a better understanding of each employee’s characteristics.
The Service is not intended to constitute medical practice, psychotherapy, diagnosis of mental disorders, treatment, or assessment of therapeutic effect.
Article 3 (Users)
The Service shall be provided on the premise of use by corporations or organizations that have entered into a contract with the Company (hereinafter, “Contracting Corporations”). Persons eligible to take the assessment under the Service shall be directors, officers, employees, candidates, or other persons designated by the Contracting Corporation (hereinafter, “Examinees”).
When using the Service, the Contracting Corporation shall appropriately inform Examinees of the purpose of the Service, the method of use, the scope of use of assessment results, and other relevant matters.
Article 4 (Relationship with Individual Agreements)
Fees, payment conditions, contract period, renewal, mid-term termination, scope of provision, deliverables, and any other individual conditions concerning the Service shall be stipulated in application forms, quotations, purchase orders, service agreements, individual agreements, or other written agreements separately executed between the Company and the Contracting Corporation (hereinafter, collectively, “Individual Agreements, etc.”).
If any provision of any Individual Agreement, etc. differs from these Terms, the provision of such Individual Agreement, etc. shall prevail.
Article 5 (Accuracy of Assessment Information)
Examinees shall enter information relating to themselves accurately and shall take the assessment based on their own free will. Neither the Contracting Corporation nor any Examinee shall engage in the registration of false information, impersonation, proxy responses by a third party, manipulation of responses, or any other act that impairs the reliability of assessment results.
Article 6 (Fees, Payment, Termination, and Refunds)
The fees, payment methods, payment timing, invoicing methods, contract term, renewal conditions, availability of mid-term termination, and the availability or conditions of refunds for the Service shall be as specified in the applicable Individual Agreements, etc.
Unless otherwise provided in the Individual Agreements, etc., the Contracting Corporation shall not be relieved of its obligation to pay consideration for the Service already provided, and the Company shall have no obligation to refund any fees already received. Provided, however, that this shall not apply where such obligation arises due to causes attributable to the Company.
Article 7 (Nature of Assessment Results)
Assessment results constitute reference information prepared on the basis of the responses at the time of assessment and other analysis criteria prescribed by the Company. Accordingly, assessment results do not constitute a definitive evaluation of an individual’s entire personality, nor do they guarantee future performance, capability, suitability, promotion, hiring, assignment, or transfer.
Assessment results are intended to support understanding of tendencies at a certain point in time and ways of interaction within an organization, and final personnel decisions, operational decisions, and organizational management decisions shall be made under the responsibility of the Contracting Corporation.
Article 8 (Scope of Sharing Assessment Results)
Assessment results generated through the Service may be shared, to the extent necessary, for the purposes of personal understanding, support by supervisors, smooth communication within teams, and organizational development, based on the operational design of the Contracting Corporation.
The basic concept concerning the scope of sharing is as follows:
1. Detailed assessment results shall be provided to the Examinee for personal understanding and growth support.
2. Supervisors or managers shall be provided with information to the extent necessary for management, support, and work-related interaction.
3. Team members may be provided with limited information necessary for smooth communication, ways of making requests, and consideration in interpersonal interaction.
Information shared pursuant to the preceding paragraph shall be limited to the extent necessary in light of the purpose of use by the Contracting Corporation, and shall not entail unlimited sharing of detailed internal personal information, unnecessary evaluative information, or unnecessarily broad personal information.
Article 9 (Scope of Purpose of Use)
Information obtained or generated through the Service shall be used primarily for the following purposes:
1. Self-understanding and growth support for the Examinee
2. Appropriate guidance, support, and management by supervisors and managers
3. Mutual understanding within teams and improvement of communication
4. Support for personnel assignment, development, organizational development, and organizational management
5. Provision of analysis results, advice, and feedback materials to the Contracting Corporation
Article 10 (Intellectual Property Rights)
All rights in and to the questions, analysis logic, evaluation criteria, text, charts, images, reports, programs, screen configurations, names, know-how, and all other information included in the Service shall belong to the Company or the legitimate rights holder.
Neither the Contracting Corporation nor any Examinee shall, without the Company’s prior written consent, reproduce, reprint, divert, modify, redistribute, publicly transmit, sell, resell, convert into teaching materials, convert into a database, use for development of similar services, or engage in any similar act with respect to all or any part of the Service.
Article 11 (Confidentiality)
The Contracting Corporation, Examinees, and the Company shall not disclose or leak to any third party, without the prior written consent of the other party, any technical, business, organizational, or any other non-public information learned in connection with the Service (hereinafter, “Confidential Information”), nor shall they use such information for any purpose other than the use or provision of the Service.
Confidential Information under the preceding paragraph includes assessment results, assessment data, analytical materials for corporations, proposals, question content, analysis logic, operational materials, and the like. Provided, however, that information falling under any of the following items shall not constitute Confidential Information:
1. Information already publicly known at the time of disclosure
2. Information that became publicly known after disclosure through no fault of the receiving party
3. Information lawfully possessed prior to disclosure
4. Information lawfully obtained from a third party having legitimate authority
5. Information required to be disclosed by law, or by order of a court, administrative agency, or other public authority
Article 12 (Prohibited Acts)
The Contracting Corporation and Examinees shall not engage in any of the following acts in using the Service:
1. Registration or provision of false information
2. Assessment by any person other than the本人, impersonation, proxy responses, or any other unauthorized assessment activity
3. Unauthorized acquisition, collection, leakage, or publication of questions, response screens, analysis logic, report content, or the like
4. Reverse engineering, analysis, imitation of the Service, or use thereof for development of similar services
5. Any act infringing the rights or interests of the Company, other users, Examinees, Contracting Corporations, or any third party
6. Any act violating laws, public order and morals, or internal rules of the affiliated organization
7. Any act interfering with the operation of the Service or imposing an excessive load on the system
8. Any act of inappropriate use of assessment results to impair the dignity of an individual or to subject such individual to discriminatory or unjust treatment
9. Any act of unauthorized external sharing of Confidential Information or use thereof for purposes other than intended
10. Any other act the Company deems inappropriate
Article 13 (Responsibility of the Contracting Corporation)
In using the Service, the Contracting Corporation shall, at its own responsibility, provide explanations to Examinees, arrange opportunities for assessment, manage the scope of sharing within the organization, operate the Service in accordance with the intended purposes of use, manage information, and establish any other necessary systems.
Even where the Contracting Corporation uses assessment results for personnel matters, development, or organizational development, it shall not make mechanical or conclusive determinations based solely on assessment results as the sole basis, but shall make comprehensive judgments taking into account work performance, interviews, workplace circumstances, and any other necessary information.
Article 14 (Storage and Deletion of Data)
The Company may retain information acquired or generated in connection with the Service, including assessment data, assessment results, reports, aggregated results, and other related data, for the period necessary for legitimate purposes such as provision of the Service, contract administration, handling inquiries, compliance with laws and regulations, dispute response, quality maintenance, and similar purposes.
The Company shall, with respect to data for which retention is no longer necessary, process such data by deletion, anonymization, or other appropriate means, except where retention is required by law. Provided, however, that where an Individual Agreement, etc. specifies a storage period or deletion conditions, such provisions shall apply.
Article 15 (Modification, Suspension, or Termination of the Service)
The Company may modify, suspend, or terminate all or part of the Service by giving prior or subsequent notice to the Contracting Corporation, if any of the following applies:
1. Where system maintenance, inspection, updates, or the like are necessary
2. Where provision becomes difficult due to communication failure, disaster, power outage, accident, or other force majeure
3. Where unavoidable for operational or technical reasons concerning the Service
4. Where otherwise deemed necessary by the Company
Article 16 (Exclusion of Anti-Social Forces)
The Contracting Corporation, Examinees, and the Company each represent and warrant that neither itself nor its officers, beneficial owners, or principal related parties falls under organized crime groups, members of organized crime groups, companies affiliated with organized crime groups, corporate racketeers, groups advocating social movements through extortion, special intelligence violent groups, or any equivalent person (hereinafter, “Anti-Social Forces”), and further represent and warrant that none of them will fall under any such category in the future.
In the event of a violation of the preceding paragraph, the Company may terminate all or part of any contract concerning the Service without any prior demand or notice.
Article 17 (Disclaimer)
The Company does not guarantee any outcomes, effects, suitability, organizational improvement results, or any other results arising from the use of the Service by the Contracting Corporation or Examinees.
While the Company shall make reasonable efforts regarding the accuracy, completeness, and usefulness of assessment results, the Company shall not be liable, except in cases of willful misconduct or gross negligence on the part of the Company, for any damage arising from response content, usage environment, operational methods, methods of sharing, organizational decisions, or any other circumstances.
Further, how the Contracting Corporation interprets assessment results, how it shares them, and how it uses them in personnel and organizational decisions shall be the sole responsibility of the Contracting Corporation, and the Company shall not be liable for any dispute, damage, or disadvantage arising from such operation.
Article 18 (Scope of Liability of the Company)
Even if the Company is liable for damages to the Contracting Corporation or Examinees in connection with the Service, the Company’s liability shall be limited to the total amount of consideration actually paid by the Contracting Corporation to the Company for the Service that directly caused the relevant damage.
In addition, except in cases of willful misconduct or gross negligence on the part of the Company, the Company shall not be liable for lost profits, indirect damages, special damages, consequential damages, or any other damages exceeding the scope of damages ordinarily arising.
Article 19 (Damages)
If the Contracting Corporation or any Examinee violates these Terms or any Individual Agreement, etc. and causes damage to the Company or any third party, such Contracting Corporation or Examinee shall resolve the matter at its own responsibility and expense, and shall compensate the Company for any damage incurred thereby.
Article 20 (Handling of Personal Information)
The handling of personal information and other information acquired in connection with the Service shall be governed by the Privacy Policy separately prescribed by the Company.
Article 21 (Amendment of the Terms)
The Company may amend these Terms in the event of amendments to laws and regulations, changes to the content of the Service, operational necessity, or any other reasonable grounds.
In the event the Company amends these Terms, it shall notify users of the amended content and the effective date by posting on the Company’s website or by any other method deemed appropriate by the Company. The amended Terms shall become effective as of the relevant effective date.
Article 22 (Governing Law and Jurisdiction)
The interpretation of these Terms and the use of the Service shall be governed by the laws of Japan. In the event of any dispute concerning the Service or these Terms, the court having jurisdiction over the location of the Company’s principal office shall have exclusive jurisdiction as the court of first instance by agreement.
Article 23 (Inquiries)
For inquiries regarding these Terms, please contact us through the Contact Page on the Company’s website.
Established on: March 20, 2026