Terms of Use
Last Modified: January 3, 2024
These terms of use (“Terms of Use”) are entered into by and between you and Traduality Language Solutions, Inc. The below terms and conditions govern your access to and use of Traduality.com and related applications, including any content, functionality, and services offered on or through the same (collectively, and with any replacements thereof, the “Website”). The Website, along with any services and functionalities offered through the Website, may collectively be referred to as “Services”.
Within this policy, “you” or “User” means a user of the Website, and “we”, “us”, “our” or “Traduality” refers to Traduality Language Solutions, Inc., a Delaware corporation.
Please read these Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound by and to abide by these Terms of Use and our Privacy Policy, found at https://traduality.com/privacy-policy, incorporated herein by reference (together, the “Policy”). You represent that you have read, understand, and agree to be bound by these terms, you are of legal age to form a binding contract, and you have the authority to enter into the Policy. If you do not want to agree to this Policy at any time, you must not continue to access or use the Services.
THIS POLICY CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS AGAINST TRADUALITY. PLEASE REVIEW SUCH PROVISIONS CAREFULLY.
1. General. We may revise and update this policy from time to time in our sole discretion. All changes are effective immediately when we post them, or if required by law, when we provide notice to you of such changes. Such changes apply to all access to and use of the Website thereafter, and your continued use of the Website means that you accept and agree to the changes. You are also subject to any additional posted policies and rules related to specific Services and features which may be presented to you at the time of accessing and/or using such Services or features. You are expected to check this page from time or time so you are aware of any changes, as they are binding on you. All such policies are incorporated by reference into this policy and made part of this policy.
2. Amendments to Services. We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to some or all Users. We will send any notices and messages to you via the email address you provide to us when creating an account on the Website, and you agree to keep your contact information up to date.
3. Registration.
3.1. To access certain Services offered through the Website, you may be asked to provide certain registration details or other information to create an account (your “Account”). All the information you provide when creating an Account must be correct, current, and complete. If you desire to create an Account as a translator, we may require additional information or verifications from you before we confirm your Account and provide you access. You may only create an account for yourself or on behalf of a business entity on whose behalf you have authority to act. You agree that all information you provide when creating an Account is subject to the Privacy Policy.
3.2. You must treat all login information, such as a username, password, or any other of information used to access with your Account, as confidential, and you must not disclose it to any other person or entity. You acknowledge that your login information is personal to you (even if you create an Account on behalf of a business), and you agree not to provide any other person with access to this Website or portions of it using your username, password, email address or other security information. If you create an Account on behalf of a business and wish to change the individual responsible for such Account, please reach out to us. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you sign out of your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be alible for any loss or damages from your failure to comply with this provision.
3.3. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our discretion, you have violated any provision of this Policy.
4. Use of Services.
4.1. Traduality provides the opportunity for users who desire translation-related services to identify users who may be able to provide translation-related services (the “Translators”). Except as otherwise specifically set forth herein, Traduality acts only as a conduit for users who need translation-related services and Translators to connect. Traduality does not provide translation-related services, and Translators are not Traduality employees. If you decide to engage a Translator (or if you are a Translator, decide to accept a translation-related project from another user), the relationship between the two parties is solely between such parties. Users are solely responsible for determining any agreements or parameters around the translation-related services that they determine are appropriate. For the avoidance of doubt, Translators are “users” in this Policy.
4.2. Users may be given the opportunity to submit document(s) on the Website to receive fee quotes from Translators who may be willing to accept the translation-related project (any content submitted through the Website, whether for quotes or otherwise, “User Content”). If you submit User Content for a quote, we will provide that User Content to multiple Translators to obtain multiple quotes for you. You are solely responsible for determining if your User Content is subject to confidentiality restrictions which may be applicable to submitting the same through the Website and providing the same to Translators. You are responsible for determining whether any information (such as party names) should be redacted from your User Content. While Translators agree, via this Policy, to maintain confidentiality of User Content submitted to them, Traduality’s sole responsibility to other users if it discovers and is able to confirm (in its discretion) that a Translator has violated such provision will be revoking the Translator’s account on the Website; Traduality cannot guarantee that a Translator will not violate such restriction, nor will Traduality be responsible for the actions of any Translator or be obligated to take any further action against the Translator.
4.3. If you are a Translator, you agree that any documentation provided to you through the Website should be treated as confidential, and you will use such documentation only to provide translation-related services to the user who provided the document to you. You will not disclose the User Content to a third party. Translators must perform all translation-related projects personally and may not subcontract or engage a third party to perform such translation services.
4.4. Traduality may, in its discretion, offer project management services. In this case, Traduality is not performing translation-related services, but is assisting in ensuring that your requested project is accomplished in a timely manner, among other benefits as described when you purchase such Services. These services may be referred to herein as “Project Management Services”.
4.5. You hereby acknowledge and agree that in any case, regardless of the type or level of Services provided, we cannot and do not review your User Content, and we do not guarantee that all translations or other information provided by Translators will be correct and complete. We use our best efforts to vet Translators but cannot guarantee in all cases that a Translator has not misrepresented their levels of experience or expertise. If you feel that a Translator has provided incorrect translation services or that their profile reflects incorrect information, please reach out to us. However, whether or not we take any action will be in our sole discretion.
5. Payment and Billing.
5.1. Traduality may charge a service fee when processing payments between users. These fees are not for translation services, but are owed to Traduality for facilitating the connection between the parties and facilitating payment between the parties. You agree to any service fees presented to you when purchasing translation services or agreeing to provide translation services. You agree to pay all amounts presented to you; all agreements to pay for the Services are final and you do not have the right to terminate your request after it is processed. Any payments that you make through the Website are non-refundable.
5.2. If you purchase Project Management Services, we will bill you for our Services in the manner described at the time of purchase, and the services of Translator(s) engaged for your project will be billed in accordance with the details set forth in this Section 5 or as specified to you at the time of purchasing the Project Management Services.
5.3. For any Services which require payment, we may require that you link a credit card or use another payment method (each, a “Payment Method”). We may submit a nominal test charge when you link such Payment Method, which we will refund in accordance your and our bank or provider policies. Depending on the Services you choose, you may agree to pay upfront, or within a certain period following the completion of Services request. If you choose to pay after completion of Services, you have the opportunity to log in and process payments due yourself. However, if we receive and can verify information from a Translator that they have completed a project and that you have not made your payment within the timeframe agreed upon, you agree that we have the right to automatically charge your payment method on file without further consent from you. If your Payment Method expires or will not process payment when we attempt to process payments, you agree to immediately provide details for a replacement Payment Method when we request that you do so.
5.4. We may use a third-party payment processor for payments. Such payment processor may have separate service terms provided via their platform.
5.5. Any fees we may charge are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state). If we are obliged to collect or pay taxes, the taxes will be invoiced to you. If you believe a charge is incorrect, you must contact us in writing within 30 days of the charge date containing the amount in question to be eligible to receive an adjustment or credit. You are responsible to reimburse us for any costs of collection of amounts due hereunder, including attorney’s fees and court costs.
5.6. All references to a “chargeback” refer to a reversal of a credit/debit card charge. There is no reason for a chargeback to ever be filed. If you feel that you have been incorrectly charged, or that your credit/debit card was used fraudulently in connection with the Services, reach out to us immediately. You agree to repay Traduality all costs and expenses incurred as a result of any chargeback you file.
6. Use Restrictions.
6.1. You agree that the Services are offered only for the purposes intended by Traduality. The Services are not offered or intended for commercial purposes. If you make an Account on behalf of a business, appropriate use of the Services is limited to requesting translation services and other Services we offer generally to users on behalf of the business. You should not, and you agree you will not, circumvent the Website or attempt to (for example, soliciting Translators to work for you directly and not through the Website), re-offer the Services, subcontract services if you provide translation services, attempt to get another user to engage you directly for translation services, or take any similar action.
6.2. All Users agree to comply with all applicable local, state, national, and international laws and regulations in your use of the Website. Users shall not (i) use the Services in any manner that damages, disables, overburdens, or impairs any of Traduality’s websites or the Services or interferes with any other party’s use of the Services, or in any other manner that is unlawful or prohibited by this policy; (ii) create an account for anyone other than yourself or use a false identity to obtain an account, log into an account on the Services other than your Account, or give or allow anyone else access to your Account, except as specifically contemplated herein; (iii) Access data of a third party through the Services not intended for you, or attempt to gain unauthorized access to the Services; (iv) lease, distribute, license, transfer, sell, or otherwise commercially exploit the Services or your access to the same; or (v) attempt to, or successfully, copy, capture, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or the Website, except where such content is created by you.
6.3. Further, you may not use the Website to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public (i) any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Traduality’s sole and reasonable discretion; (ii) any content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; (iii) any content hat violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Traduality’s sole and reasonable opinion; (iv) any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Services or servers or networks forming part of, or connected to, the Website, or which does or might restrict or inhibit any other user’s use or enjoyment of the Website; or (v) any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
7. User Representations and Warranties. You hereby represent and warrant to Traduality that User Content, and each and every part thereof, is either an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use, and (if and where relevant) to authorize Traduality and/or Translators to use, your User Content. You represent and warrant that any public User Content and the availability thereof on the Website does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
8. Intellectual Property.
8.1. As between Traduality and you, Traduality owns all of the intellectual property rights related to and incorporated within the Website. You agree you will not try to discover any software code of the Website, or reverse engineer any portion of the Website. You will not attempt to copy or make derivatives of information on the Website, whether for your own use outside of the Website or to provide the same to others. You agree that all of Traduality’s trademarks, trade names, service marks, trade dress, and other Traduality logos and brand features, and product and service names, are the property of Traduality, and that certain aspects of the Website constitute copyrighted material of Traduality, all as protected under United States laws and as applicable, the laws of other territories. You agree not to display or use in any manner our trademarks or copyrighted materials without prior written consent from us, which we may withhold for any reason or no reason.
8.2. User Content in the nature of documents or materials you request to have translated will remain your property, as between you and Traduality. However, any User Content you may available publicly (for example, on a Translator profile page) will be available to other users of the Website, and you grant us a license to use, distribute, reproduce, and publicly display any User Content that you have uploaded to publicly available pages of the Website or otherwise made publicly available.
8.3. You agree that if you provide to us any comments, suggested revisions, additions, ideas, developments, or concepts, such feedback shall be the sole and exclusive property of Traduality, and you will have no right, title or interest of any kind or nature therein or thereto, or in and to any results and proceeds therefrom. Except as expressly permitted by applicable law or as authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services or the Website, in whole or in part. You agree not to access the Services by any means other than through the interface that is provided by Traduality for use in accessing the Services. All rights not expressly granted herein are fully reserved by Traduality.
9. Age and Territory Restrictions. This Website is intended for users over the age of 16 located in the United States. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
10. Violation of Policy. If you violate this Policy, we reserve the right to take any legal action against you that may be available to us, in addition to terminating your Account and blocking your access to the Website. These terms of service will remain in full force and effect while you use the Websites and/or Service.
11. Account Termination. You may terminate your Account at any time, either through your Account if such option is available, or by contacting us at [email protected]. We may terminate your Account for any reason, with or without cause, at any time.
12. Third-Party Sites. If you are transferred to or navigate to third party sites through links or frames provided through the Services, you are cautioned to read such sites’ terms and conditions and privacy policies before using such sites in order to be aware of their terms and conditions. You acknowledge that Traduality is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents, products, services, or any transmissions received through such sites.
13. Disclaimers.
13.1. TRADUALITY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, THE WEBSITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE SERVICES OR WEBSITE, OR ANY RESULTS RECEIVED THROUGH THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TRADUALITY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TRADUALITY MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR INTELLECTUAL PROPERTY OF TRADUALITY, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, OR ANY SERVICES PROVIDED BY A TRANSLATOR WILL: MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS; OPERATE WITHOUT INTERRUPTION OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ACHIEVE ANY INTENDED RESULT; BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES; OR BE SECURE, ACCURATE, RELIABLE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. TRADUALITY FURTHER MAKES NO WARRANTY OF ANY KIND THAT ANY DEFECTS OR ERRORS OF THE WEBSITE WILL BE CORRECTED, OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13.2. Without limiting the generality of the foregoing paragraph, you hereby waive any claims against Traduality related to, and hold Traduality harmless from, any claims, losses, or other liability related to your User Content or the translation thereof, including any claims resulting from incorrect translations or your reliance upon the same. You are solely responsible for all of your User Content that you upload, post or distribute to, on or through the Website, and to the extent permissible by law, Traduality excludes all liability with respect to all User Content and the activities of its users with respect thereto. If you do not agree at any point with Services, your option and sole remedy is to cease use of the Website and terminate your Account.
14. Limitation of Liability.
14.1. UNDER NO CIRCUMSTANCES WILL TRADUALITY, INCLUDING ITS AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, DATA DELETION, DATA CORRUPTION, OR LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, INTERRUPTION OF BUSINESS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, HOWEVER ARISING.
14.2. SHOULD TRADUALITY BE FOUND LIABLE TO ANY USER UNDER ANY CLAIM OR CAUSE OF ACTION, EACH USER AGREES THAT IN ANY CASE, THE MAXIMUM AMOUNT OF DAMAGES THAT TRADUALITY MAY BE LIABLE FOR ARISING FROM THIS AGREEMENT OR THE USE OF THE WEBSITE OR SERVICES WILL NOT EXCEED $100.00, OR IF SUCH AMOUNT IS GREATER, THE AMOUNT REMITTED TO TRADUALITY FOR PROJECT MANAGEMENT SERVICES (IF ANY) DURING THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF SUCH JURISDICTION.
15. Indemnification. You agree to defend, indemnify, and hold harmless Traduality, along with its affiliates, subsidiaries, parents, successors, assigns, officers, directors, employees, agents, and shareholders, from all liabilities, claims, demands, and expenses, including attorneys’ fees, made by any third party that arise from your use of the Services, your violation of this policy or the Privacy Policy, or your violation of any rights of another party including intellectual property rights. Traduality reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Traduality in asserting any available defenses.
16. Disputes; Governing Law. YOU SHOULD READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
16.1. USERS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND ALL USERS WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR OTHER JOINT ACTION WITH AS AGAINST TRADUALITY ARISING FROM THE USE OF THE WEBSITE OR SERVICES PROVIDED.
16.2. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS POLICY OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
16.3. Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all Claims arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree, and be held in Indianapolis, Indiana. The party which does not prevail in such action will be responsible for the arbitration costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of Marion County, Indiana. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the Marion County, Indiana.
17. Infringement; DMCA Notice. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent at [email protected]. The written notice must include substantially all the details as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512). Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
18. Entire Agreement. This Policy, and any terms referenced within such policies as being incorporated into the policies, and any other terms you may agree to as you navigate the Website, contain the entire agreement between Traduality and you as a User of the Services. No other communications, whether direct or indirect, between you and Traduality will, or are intended to, alter or supersede any provision of this Terms of Use or Privacy Policy.
19. Waiver and Severability. No waiver by Traduality of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Traduality to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Comments and Concerns. We welcome our Users to reach out with any questions on this policy by using the following contact email: [email protected].