Terms of Service

These Terms of Service constitute a legally binding agreement between you, whether individually or on behalf of an entity, and HIMAWARI TRANSLATIONS, L.L.C., a Utah limited liability company. By accessing or using the website himawaritrans.buzz and any related services, you agree to be bound by these terms. If you do not agree to all of the terms and conditions described below, you must not access or use our website or services.

1. Acceptance of Terms

By accessing, browsing, or using the website located at himawaritrans.buzz, including any subdomains, pages, features, or content made available through this website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and by our Privacy Policy, which is incorporated herein by reference. These Terms apply to all visitors, users, clients, potential clients, and any other parties who access or use our website or services.

If you are using our website or services on behalf of a company, organization, government agency, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Service. In such cases, all references to you in these Terms shall refer to both you as an individual and to the entity you represent. These Terms constitute the entire agreement between you and HIMAWARI TRANSLATIONS, L.L.C. regarding your use of the website and services and supersede any prior written or oral agreements relating to the same subject matter.

2. Changes to These Terms

We reserve the right, at our sole discretion, to modify, amend, supplement, or replace these Terms of Service at any time and for any reason. When we make changes, we will update the effective date at the top of this page and post the revised Terms on our website. It is your responsibility to review these Terms periodically to stay informed of any updates or modifications.

Material changes to these Terms will be communicated through a prominent notice on our website at least 14 days before the changes take effect, or through an email notification sent to the email address we have on file for you. Your continued use of the website or services after the effective date of any revised Terms constitutes your acceptance of those changes. If you do not agree with the revised Terms, you must discontinue all use of our website and services immediately. No changes to these Terms shall apply retroactively to any dispute that arose before the effective date of the changes.

3. Eligibility and Access

Our website and services are intended for use by individuals who are at least 18 years of age and who possess the legal capacity to enter into a binding contract under applicable law. By using our website, you represent and warrant that you meet these eligibility requirements. We do not knowingly provide services to, or collect information from, any person under the age of 18. If you are under 18, you may not use this website or submit any information to us.

You are responsible for ensuring that your access to and use of our website complies with all applicable local, state, national, and international laws, rules, and regulations. You agree not to use our website or services in any manner that violates any applicable law or regulation, including laws governing the export of technical data, intellectual property rights, privacy rights, or the transmission of unsolicited commercial communications. Access to our website is provided on a temporary basis, and we reserve the right to withdraw, suspend, restrict, or modify any part of our website or services without prior notice. We will not be liable if, for any reason, our website is unavailable at any time or for any period.

4. User Accounts and Responsibilities

Certain features of our website or services may require you to create an account or provide information about yourself and your organization. When you create an account or submit information to us, you agree to provide accurate, current, and complete information and to update that information promptly if any changes occur. You are solely responsible for maintaining the confidentiality of any account credentials, passwords, or access codes associated with your use of our services.

You agree to notify us immediately at serve@himawaritrans.buzz of any unauthorized use of your account or any other breach of security of which you become aware. We will not be liable for any loss or damage arising from your failure to comply with these security obligations. You acknowledge that you may be held liable for losses incurred by us or any other party due to unauthorized use of your account resulting from your failure to safeguard your login credentials. We reserve the right to disable any account, user identification, or password at any time if, in our reasonable opinion, you have failed to comply with any provision of these Terms.

5. Intellectual Property Rights

All content, materials, features, and functionality available on or through our website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software code, page layouts, design elements, and the arrangement and selection of the foregoing, are the exclusive intellectual property of HIMAWARI TRANSLATIONS, L.L.C. or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our website and its content solely for your personal or internal business purposes. This license does not include any right to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website except as expressly permitted by these Terms or with our prior written consent. You may not use any data mining, robots, scraping, or similar data gathering or extraction methods on our website. Any unauthorized use of our intellectual property may give rise to a claim for damages and may constitute a criminal offense.

6. User-Submitted Content and Materials

In the course of using our services, you may submit or upload content, materials, documents, text, files, data, or other information to us for the purpose of obtaining translation, interpretation, or localization services. You retain all ownership rights to the original content and materials you submit to us. By submitting materials to us, you grant us a limited, non-exclusive license to use, reproduce, and process those materials solely for the purpose of performing the services you have requested and delivering the completed work product to you.

You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to submit the materials to us and to authorize us to perform the requested services on those materials. You further represent and warrant that the materials you submit do not infringe upon the intellectual property rights, privacy rights, or any other legal rights of any third party, and that they do not contain any unlawful, defamatory, obscene, threatening, or otherwise objectionable content. You agree to indemnify and hold us harmless against any claims, damages, or expenses arising from our use of materials you submit in accordance with your instructions and these Terms.

We do not claim ownership of any content you submit for translation or other services. However, we reserve the right to use de-identified and aggregated linguistic data derived from translation projects for the purpose of improving our translation memory databases, terminology glossaries, and machine learning models, provided that no such use will reveal or make identifiable the source, nature, or content of your specific project. We will never publish, distribute, or share your original content or its translation with any third party without your explicit written consent.

7. Prohibited Uses

You agree that you will not use our website or services for any purpose that is unlawful or prohibited by these Terms of Service. Specifically, you agree not to engage in any of the following prohibited activities: using the website or services to transmit, distribute, or store material that is defamatory, obscene, fraudulent, threatening, abusive, harassing, hateful, or otherwise objectionable; impersonating any person or entity or misrepresenting your affiliation with any person or entity; engaging in any activity that interferes with or disrupts the proper functioning of our website, servers, or networks; attempting to gain unauthorized access to any portion of our website, the server on which our website is stored, or any server, computer, or database connected to our website; introducing any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material; or using the website to send unsolicited commercial communications, spam, or chain letters.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these prohibited use provisions. Such action may include, without limitation, reporting such violations to law enforcement authorities, terminating your access to our website and services, and pursuing civil remedies for any damages caused by the violation. We cooperate fully with law enforcement authorities in the investigation of suspected illegal activity occurring on or through our website.

8. Service Engagement and Payment Terms

When you request our translation, interpretation, or localization services, we will provide you with a written quote or service proposal detailing the scope of work, estimated turnaround time, and applicable fees. Your acceptance of this quote, whether by written confirmation, email, or electronic acceptance through our website, creates a binding service agreement between you and HIMAWARI TRANSLATIONS, L.L.C. The specific terms of each service engagement, including scope of work, deliverables, timelines, and fees, will be governed by the accepted quote together with these Terms of Service.

Payment terms will be specified in each service quote. Unless otherwise agreed in writing, standard payment terms require a 50 percent deposit upon acceptance of the quote, with the remaining balance due upon delivery of the completed work product. All fees are quoted in United States dollars and are exclusive of any applicable taxes, which will be added to your invoice where required by law. Late payments are subject to a service charge of 1.5 percent per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend or terminate services for any account with an outstanding past-due balance exceeding 30 days.

Refund policies and revision terms will be specified in each service quote. Our standard policy provides for up to two rounds of reasonable revisions at no additional cost if requested within 14 days of delivery. Refunds are not provided for completed and delivered work unless the delivered work fails to materially conform to the specifications outlined in the accepted service quote. Any disputes regarding service quality or deliverables must be raised in writing within 30 days of delivery.

9. Confidentiality

HIMAWARI TRANSLATIONS, L.L.C. acknowledges that in the course of providing services, we may receive or have access to confidential and proprietary information belonging to you, including but not limited to business plans, trade secrets, financial data, technical specifications, customer lists, marketing strategies, product designs, and any content you submit for translation. We agree to hold all such confidential information in strict confidence and to use it solely for the purpose of performing the services you have requested.

Our confidentiality obligations extend to all employees, contractors, translators, interpreters, and agents who require access to your confidential information to perform their assigned tasks. All such personnel are bound by written confidentiality agreements that are at least as protective as the provisions contained in this section. Our duty of confidentiality does not extend to information that is or becomes publicly available through no fault of our own, information that was already in our possession without confidentiality restrictions, information that is independently developed by us without reference to your confidential information, or information that we are required to disclose by law, court order, or valid legal process.

Upon termination of our service relationship or upon your written request, we will, at your option, either return or securely destroy all copies of your confidential information in our possession, except to the extent that we are required by law or professional standards to retain copies for compliance, regulatory, or insurance purposes. Any retained copies will continue to be protected under the terms of this confidentiality provision.

10. Third-Party Services and Links

Our website may include links to third-party websites, services, or resources that are not owned, operated, or controlled by HIMAWARI TRANSLATIONS, L.L.C. These links are provided for your convenience and informational purposes only. We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. The inclusion of any link does not imply our endorsement of the linked site or service, nor does it imply any association between us and the operators of the linked site.

You acknowledge and agree that we shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party websites or services. We strongly encourage you to read the terms of service and privacy policy of any third-party website you visit. Your interactions with third-party services, including payment processors, are governed by their respective terms and policies, not by these Terms of Service.

11. Disclaimer of Warranties

Your use of our website and services is at your sole risk. The website and all content, materials, information, products, and services included on or otherwise made available to you through the website are provided on an as-is and as-available basis, without any representations or warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, HIMAWARI TRANSLATIONS, L.L.C. expressly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the website will be uninterrupted, timely, secure, or error-free; that any defects or errors will be corrected; that the website or the server that makes it available are free of viruses or other harmful components; or that the results that may be obtained from the use of the website or services will be accurate, reliable, or meet your expectations. We make no warranties regarding the accuracy, completeness, timeliness, or usefulness of any translations, interpretations, or other deliverables provided through our services. Any reliance you place on such deliverables is strictly at your own discretion and risk.

No advice, information, or communication, whether oral or written, obtained by you from us or through our website shall create any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, our liability and warranties shall be limited to the maximum extent permitted by law.

12. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall HIMAWARI TRANSLATIONS, L.L.C., its members, managers, officers, employees, contractors, agents, licensors, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, loss of business opportunity, or business interruption, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and regardless of whether we have been advised of the possibility of such damages.

Our total aggregate liability to you for all claims arising from or relating to your use of our website and services, or these Terms of Service, whether in contract, tort, or otherwise, shall not exceed the greater of (a) the total amount paid by you to us for services during the twelve-month period immediately preceding the event giving rise to the claim, or (b) one hundred United States dollars (USD $100.00). This limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of these Terms or your use of our website and services.

The limitations and exclusions of liability set forth above are fundamental elements of the basis of the bargain between you and us, and we would not be able to provide the website or services to you on an economically reasonable basis without such limitations. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages and accordingly, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless HIMAWARI TRANSLATIONS, L.L.C., its members, managers, officers, employees, contractors, agents, licensors, and affiliates from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable professional fees and court costs, arising out of or related to: your use of or access to our website and services; your violation of any provision of these Terms of Service; your violation of any applicable law, rule, or regulation; your infringement of any third-party rights, including without limitation intellectual property rights, privacy rights, or publicity rights; any content or materials you submit, post, or transmit through our website or services; or any fraudulent, negligent, or intentional misconduct by you or anyone acting on your behalf.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with us in asserting any available defenses and in the conduct of such defense. You shall not settle any claim that requires any admission of liability or wrongdoing by us or that imposes any obligation or restriction on us without our prior written consent. Our failure to enforce any provision of this indemnification section shall not constitute a waiver of our right to enforce such provision in the future.

14. Termination

We reserve the right, in our sole discretion and without prior notice or liability, to terminate or suspend your access to our website and services, in whole or in part, for any reason or for no reason, including without limitation if we reasonably believe that you have violated any provision of these Terms of Service, that your conduct is harmful to our interests or to the interests of other users, or that continued provision of services to you is not commercially viable.

Upon termination, your right to access and use our website and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability. Termination of your access shall not relieve you of any obligation to pay fees or other amounts that accrued before the termination date, nor shall it limit any other remedies we may have at law or in equity.

If you wish to terminate your relationship with us or discontinue use of our services, you may simply stop using our website. If you have an active service engagement and wish to terminate it, the termination provisions specified in your service quote or agreement shall govern. Any prepaid fees for services not yet rendered will be refunded on a pro-rata basis, less any non-refundable costs already incurred by us in performance of the engagement.

15. Governing Law and Dispute Resolution

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter, whether in contract, tort, or otherwise, shall be governed by and construed in accordance with the laws of the State of Utah, United States of America, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or to any services provided hereunder.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall first be attempted to be resolved through informal negotiation. You agree to notify us in writing of any dispute and to allow us a period of at least 30 days to attempt to resolve the matter amicably before initiating any formal legal proceedings. If the dispute cannot be resolved through negotiation, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Utah County, State of Utah, and you irrevocably consent to the personal jurisdiction and venue of such courts.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of our website or services or these Terms must be filed within one year after such claim or cause of action arose, or it shall be forever barred. You also agree to resolve any disputes on an individual basis and hereby waive any right to participate in a class action, class arbitration, or other representative proceeding against us. This class action waiver is a material term of these Terms of Service.

16. General Provisions

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect without being impaired or invalidated in any way.

Waiver: Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. A waiver of any breach of these Terms shall not be construed as a waiver of any subsequent breach of the same or any other provision.

Force Majeure: We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government orders, labor disputes, epidemics, pandemics, failures of telecommunications networks, or interruptions of electricity or Internet service.

Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time without your consent, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

Notices: All notices required or permitted under these Terms shall be in writing and shall be delivered by email to serve@himawaritrans.buzz if to us, or to the email address you have provided to us if to you. Notices sent by email shall be deemed received on the business day following the date of transmission.

Entire Agreement: These Terms, together with our Privacy Policy and any accepted service quotes, constitute the entire agreement between you and HIMAWARI TRANSLATIONS, L.L.C. with respect to the subject matter hereof and supersede all prior or contemporaneous understandings and agreements, whether written or oral, relating to such subject matter.

17. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact us for any reason related to your use of our website or services, we encourage you to reach out to us. Our team is available to assist you during standard business hours, Monday through Friday, excluding United States federal holidays. We strive to respond to all inquiries within one business day.

You can contact us through any of the following channels:

• Email: serve@himawaritrans.buzz
• Phone: +1 928-563-3505
• Postal Mail: HIMAWARI TRANSLATIONS, L.L.C., 3749 E Cunninghill Dr, Eagle Mountain, UT 84005-6269, United States

For legal notices or formal service of process, please use the postal mail address provided above. Legal notices sent solely by email may not be considered effective service. We reserve the right to update our contact information from time to time, and any such updates will be reflected on this page.