Terms Of Service

Using Linguali-IS means that you accept these terms:

These Terms and Conditions (the “Terms”), in conjunction with our Privacy Policy, are the entire Agreement between Linguali SAS,  its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors, resellers and assigns (“Linguali-IS” or “We”) and you (“You” or the “User”).  “Linguali-IS” means “Linguali SAS”, a company registered in the Companies Registry of Bordeaux Number 80202996700014,  whose principal place of business is  37 rue Pierre Durand, 33680 Lacanau Océan, France.

These Terms govern Your use of Linguali-IS applications and website or online services (collectively, the “Service”). By using the Service, You are acknowledging that You have read and have agreed to these Terms, so please read them carefully. Seriously. You understand and agree that We will treat your use of the Service as acceptance of the Terms from that point onwards.

Privacy and Communications

You acknowledge and agree that Linguali SAS may send You e-mails related to your account and/or the Service.  You agree that Linguali SAS,  can use your company name or logo in its advertising unless and until you tell us in writing not to.

Modifications and changes to conditions
We reserve the right to update these Terms from time to time without notice. Any changes that we make will become part of these Terms when we make them. So, please review these Terms periodically. If you cannot agree to these Terms, or to our Privacy Policy, please do not use the Service.  And if You have any questions about them, don’t hesitate to contact Linguali at communicate@linguali.com.

Security

You must be a registered User to access the Service. You are responsible for
keeping Your password secure, and You are solely and strictly liable for any activity that occurs under Your user name. You also agree not to access, or attempt to access, other User’s accounts and/or data.

Acceptable Use and Conduct

You are solely responsible for Your use of the Service. The Service may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable laws or regulations is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; and/or material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Unauthorized and/or unacceptable use of the Service is a violation of these Terms, may result in Linguali SAS terminating Your account without notice and may subject You to criminal and/or civil liability.

Fees

You will be billed on a monthly basis. All fees are exclusive of taxes and duties, that will be added depending upon your geographical location in accordance with French law, as the end customer of Linguali-IS and the card holder that was provided on signing-up you remain liable for all charges incurred in using Linguali-IS. At the end of each one-month term, Your contract will automatically renew until You cancel it. Linguali-IS is charged on a per-usage basis. If you choose to close your account then you will be charged for the usage of that month.

Chargeback / Refund Policy

Linguali SAS will only issue refunds under one circumstance: if requested in the first 30 days after opening an account. If You have a question about charges made to Your account, please contact Linguali SAS immediately. If the charges were made in error, Linguali SAS will credit your account for the appropriate amount. Linguali SAS has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from using the Service.

Disclaimer of warranties

The service is provided “as is” and you use it at your own risk. Linguali SAS expressly disclaims all warranties, express or implied, including without limitation the implied warranty of merchantability, the implied warranty of fitness for a particular purpose and the warranty of non-infringement.

We try to keep the service bug-free and safe, but Linguali SAS does not warrant or ensure continuous, error-free, secure or virus-free operation of the service or your account.  We recommend that you have antivirus software installed on your computer / tablet/ phone for the purpose of detection, scanning and removal of known/unknown system viruses  you understand and agree that you shall not be entitled to make any claim based on Linguali SAS’s failure, irrespective of fault, to provide any of the foregoing. You use the service at your own risk.

Without limiting the foregoing, the service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.

Some jurisdictions do not allow the disclaimer of particular warranties, and, to that extent, the foregoing disclaimers may not apply to you. To the extent that you live in a jurisdiction that refuses to enforce the foregoing disclaimers, Linguali SAS disclaims all warranties, express and implied, to the extent permitted by law.

Limitation of liability

In no event will Linguali SAS  consultant, consultant’s officers, directors, partners, employees, agents, and subconsultants,be liable to the user or third parties and anyone claiming by, through, or under user for any damages, including but not limited to direct, indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, business interruption, loss of profits or loss, loss of goodwill  or business reputation, corruption and/or alteration of data) arising out of or in any way related to your data and/or your use of the service and/or your account, whether in an action in contract, tort, equity or otherwise.

User voluntarily engages in the activity of interpreting use and bears the risks associated with that activity. You will be solely responsible for any damage done to your computer or your data that results from such activity. In no event will Linguali SAS have any liability to you or any third party for unauthorized access to or use, alteration, corruption, theft or destruction of your data and/or your account.

Linguali sas’s liability is expressly limited for any reason and upon any cause of action to the amount you actually paid to Linguali SAS for the the date on which you claim the cause of action accrued.

some jurisdictions’ laws prohibit the foregoing limitation of liability provision. to the extent that you live in a jurisdiction that refuses to enforce the foregoing provision, Linguali SAS’s liability is limited to the greatest extent allowed by the law of that jurisdiction.

Indemnification

You agree to indemnify, defend and hold harmless Linguali SAS from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related to Your data, Your use of the Service and/or any breach of these Terms by You. You further agree to defend, indemnify and hold harmless Linguali SAS from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related to any claims by third parties that Your data or Your use of the Service infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.

Termination of Service

We reserve the right to terminate without notice  Your account at any time and for any reason so long as permitted by law. In the event of termination, You will lose all data related to Your Account. An account terminated by Linguali SAS will not be backed-up for any reason and will be immediately terminated from Linguali SAS’s servers. You may terminate Your account at any time, but Linguali SAS will not under any circumstances issue any refunds of monies paid.

Intellectual Property

Linguali SAS claims no intellectual property rights over the information that you transmit in using the Service.

You acknowledge and agree that Linguali SAS owns all right, title and interest in and to the Service, including without limitation all intellectual property rights. You agree that You will not copy, reproduce, alter, reverse engineer, clone, or modify the Service or create derivative works from the Service.

Force Majeure

Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under these Terms, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion or the like.

Special Admonitions for International Use

Recognizing the global nature of the Internet, You agree to comply with all applicable laws regarding the transmission of data exported from Europe or the country in which you reside.

Dispute Resolution by Arbitration

YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE SITE AND/OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION in France, except that: (a) either of us may seek injunctive relief (or other equivalent types of urgent legal remedy) in any jurisdiction (ie outside France) .concerning infringement, misappropriation or other violation by either of us of the other party’s Intellectual Property Rights, and (b) Linguali SAS may seek injunctive relief (or other equivalent types of urgent legal remedy) in any jurisdiction.concerning violation by a User of any of these Terms, and in both such cases (a) and (b), the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by a mutually designated arbitrator under French Commercial Arbitration Rules. The location of the arbitration shall be in Bordeaux, France. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Choice of Law

You agree that all disputes related in any way to or arising from Your use of the Service shall be governed, without respect to conflict of law principles, by the laws of France.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may wish to assert related in any manner to the Service must be filed within one (1) year after such claim or cause of action accrued or be forever barred.

Terms Applicable to International Users

For the purposes of European Directive 95/46/EC, and with respect to Your subscribers’ or customers’ personal data, You acknowledge and agree that You are the data controller, and Linguali SAS is the data processor. You are therefore responsible for complying with all obligations of a data controller under applicable law.  Linguali SAS has taken and will continue to take adequate technical and organizational measures against unauthorized or unlawful processing of, accidental loss or destruction of, or damage to, Your subscribers’ or customers’ personal data, as more fully described in our Privacy Policy. If you have any questions, don’t hesitate to contact us at communicate@linguali.com

DATED of 22 MAY 2017