Terms of Service
Effective Date: October 5, 2016
“You” means you as an individual, or if applicable, the company or other legal entity you represent. “Users” means visitors to this website or the Service who are not registered users. “Customers” means visitors who are also registered users of the Service. “Translators” means third parties who engage with Lingviny and Customer to provide content translation services as contractors of Lingviny (not employees). “Service” means all the Lingviny.com websites, services, apps, and related technology, and the translation services provided in connection with the foregoing. “Orders” means any order for Services created by a Customer by pressing a Lingviny button, and accepted by Lingviny. “Client Email Materials” means the source content for translation by the Service. “Translated Email” means the content translated from the Client Materials. “Platform” means Lingviny’s online portal and platform where you can access your Lingviny Account, initiate Orders and access the Service. “TOS” means these Lingviny Terms of Service and any policies, guidelines, or other documents referenced herein.
2. Using our services
If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the legal authority to bind the legal entity to this TOS, in which case “You” or “Your” means that entity. If You do not have this authority, or if You do not agree with the terms and conditions of this TOS, and You may not use the Service or any Service related materials. You represent that you are 18 years of age, or of the age of majority in your place of residence or jurisdiction.
You agree to:
- Be responsible for the activity that happens in connection with your Lingviny account
- Comply with any policies made available to you by Lingviny
- Not abuse or conduct illegal activity using our Service
- Not contact Translators outside of the Platform that Lingviny provides for communication
- Not defame or harass Lingviny, or its employees, contractors, or Translators
- Lingviny may suspend or terminate your access to the Service or an Order if you do not comply with this TOS or if we suspect misconduct, fraudulent activities or payment, or a violation of this TOS, with or without notice.
Lingviny may modify or suspend the Platform or Service, at any time for any reason.
3. Orders, approval
Payment. Before initiating an Order, you must buy sufficient Lingviny credits. Lingviny credits can be purchased here.
Order. You can initiate an Order by typing an email and clicking the Lingviny button in your mailbox.
Client Email Materials. Lingviny translators will only translate the text in the email body, including any signatures, subjects and excluding any attachments, pictures, or any kind of graphic materials. In the case an email contains prior communications (email chain) Lingviny translators will translate only the most recent message in that chain.
Cancellations. Customer can cancel any Order if the project has not yet been engaged by a Translator. To attempt to cancel an Order, contact Lingviny customer support at firstname.lastname@example.org to see if the Order can be cancelled. If the Order has been picked up by a Translator, the Order cannot be cancelled and there will be no refund of credits.
Translated Email. Lingviny cannot guarantee that a particular Translator or that any Translator will engage on your Order. If the Order is engaged by a Translator, Lingviny will send the Translated Email to the specified recipient. Lingviny cannot guarantee an exact delivery time.
4. Translators; Contractors
Lingviny may use and retain third party contractors (such as Translators) to provide the Service to you. As such, you agree that Lingviny may sublicense its rights under this TOS to third parties to act on Lingviny’s behalf, provided that such third parties are contractually bound by terms no less protective of Customer than this TOS. Lingviny is solely responsible for paying and resolving all disputes with third party contractors and Translators.
5. Client email materials disclosure
We disclose the Client Email Materials to potential Translators and contractors, for the sole purpose of allowing him/her to preview the content in order to decide whether to engage the Order. You are solely responsible for editing or removing any confidential or personally identifiable information the Client Materials if you do not wish to disclose that information.
6. Intellectual property
The trademarks, names, logos and service marks are trademarks of Lingviny. Nothing contained in this TOS shall be construed as granting any license or right to use any Trademark without Lingviny’s prior written permission. The content on the Service may not be copied, distributed, modified, published, or transmitted in any manner.
Third party content and trademarks displayed on the Service are owned by their respective owners and may not be reproduced in whole, or in part, without the express written permission of the owner.
If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
In order to provide you and our other customers the best possible translation and language services, we (and those we work with) may use your Translated Email, as aggregated with other customer works, to generally improve the Services (for example, fine tune our turn around time estimates, or improve machine translation and machine learning systems). If we do this, we never disclose your identity or confidential information, nor make your Translated Works publicly available.
7. About APIS and software in our service
The Service may include APIs or software (“Lingviny Materials”) to facilitate your use of the Service and is deemed a part of the Service. If you choose to use such Lingviny Materials, Lingviny grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Lingviny Materials for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Lingviny, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Service or Lingviny Materials, nor may you reverse engineer or attempt to extract the source code of the Service or Lingviny Materials. Lingviny does not guarantee the availability or performance of the Lingviny Materials. Your access or use may be limited or suspended at any time.
8. Warranties and disclaimers
Customer represents and warrants that it has all necessary right, title, and interest in the Client Materials, and that the Client Materials will not and do not infringe or violate any third party’s rights, do not violate any law, and do not contain any offensive or unacceptable content.
The Service and Translated Works are provided “AS IS”. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER LINGVINY NOR ITS TRANSLATORS, CONTRACTORS, OR SUPPLIERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Customer will indemnify and hold harmless Lingviny, its affiliates, current and past directors, officers, and employees from and against any and all claims, taxes, losses, damages, liabilities, judgments, settlements, costs and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (1) Customer’s breach of any of its representations, warranties or obligations under this TOS; (2) Customer’s negligent, reckless or intentionally wrongful act or by its assistants, employees, contractors or agents; (3) Customer’s failure to perform its obligations or exercise its rights in accordance with all applicable laws, rules and regulations.
10. Limitation of liability
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL LINGVINY’S LIABILITY HEREUNDER EXCEED THE AMOUNT PAID BY THE CUSTOMER TO LINGVINY DURING THE 12 MONTH PERIOD BEFORE THE EVENT GIVING RISE TO LIABILITY.
This Agreement is governed by the laws of the Russian Federation. Lingviny may modify this TOS at any time. You should look at the terms regularly. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. This TOS controls the relationship between Lingviny and you. They do not create any third party beneficiary rights. If you do not comply with this TOS, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.