Terms of Use of API Lingvanex Translation

Terms of Service

Lingvanex offers a service of machine translation powered by artificial intelligence techniques.

The following Terms of Service govern the access and use of the service APIs. The subject of the Agreement is to grant, for a consideration, the right to use the API to the Customer under an ordinary (non-exclusive) license according to its functional purpose by sending Requests and receiving responses to Requests transformed into results of translation of text information contained in Requests.

Under the Terms, “Lingvanex” means Nordicwise Limited., with offices at 52, 1st April, 7600 Athienou, Larnaca, Cyprus. We may refer to “Lingvanex” as “we”, “our”, or “us” in the Terms.

Definitions

Agreement“ refers to the agreement between Customer and Lingvanex concerning the subscription to and the use of Lingvanex’s Products in accordance with these Terms and Conditions.

API“ refers to the Application Programming Interface provided by Lingvanex to the Customer as set out in the Service Specification and the Documentation provided by Lingvanex.

API-Key“ refers to a special license key to connect computer-assisted-translation tools to the Lingvanex API.

API Response” refers to the API’s response to Customer’s Requests.

API Request” refers to an HTTP request transmitted by the Application to the API.

Application” refers to the software or service developed by or on behalf of the Customer which utilizes the API.

Characters” shall have the meaning as set out in the definition for “Number of Characters”.

Content” refers to text sent by the Customer to the API and the Web-Translator as specified in the Service Specification in order to have it processed by the machine translation infrastructure operated by Lingvanex.

Processed Content” refers to any Content that has been processed using the API.

Customer” refers to the person or entity ordering or subscribing to the Lingvanex Products or services as the contracting party of Lingvanex.

Documentation” refers to an electronic documentation of the requirements and functionality of the API provided to the Customer in English language.

End Users” refers to the users of Customer’s Application.

Number of Characters” refers to the number of characters of the Content transmitted to the API based on the used character encoding. For the avoidance of doubt, multi-byte encoded characters shall count as single character.

Products” refers to the API  services offered.

Service Specification” refers to the specification of the API and the web translator as agreed upon conclusion of this Agreement

Third-Party Applications” refers to any application, component, library, plugin or other software which are provided by a third party and allow Customer to use or access the Products, e.g. translation plugins for third-party applications for which Customer has to use their own API credentials.

Section 1: Account and Registration

a. Accepting the Terms

You may not use the APIs and may not accept the Terms if (a) you are not of legal age to form a binding contract with Lingvanex, or (b) you are a person barred from using or receiving the APIs under the applicable laws of Cyprus or other countries including the country in which you are resident or from which you use the APIs.

b. Entity Level Acceptance

If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity).

c. Registration

In order to access our APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. Any registration information you give to Lingvanex will always be accurate and up to date and you’ll inform us promptly of any updates.

Section 2: Using Our APIs

a. Your End Users

You will require any of your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.

b. Compliance with Law, Third Party Rights, and Other Lingvanex Terms of Service

You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the APIs to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with Lingvanex (or its affiliates).

c. Permitted Access

You will only access (or attempt to access) an API by the means described in the documentation of that API. You will not misrepresent or mask either your identity or your API Client’s identity when using the APIs.

d. API Limitations

Lingvanex sets and enforces limits on your use of the APIs (e.g. limiting the number of API requests that you may make), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain Lingvanex express consent (and Lingvanex may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact the Lingvanex API team for information.

e. Deprecated API

Particularly in view of the on-going development of the API, Lingvanex may introduce new versions of the API with an additional or different range of features. Furthermore, Lingvanex may terminate deprecated versions of the API provided that the termination is reasonable for Customer in consideration of the interests of both Parties. Lingvanex shall inform Customer of such termination in writing (e-mail sufficient) at least 4 weeks before the termination becomes effective. Lingvanex will inform Customer of updates of the API via e-mail.

Section 3: Your API Clients

a. API Clients and Monitoring

The APIs are designed to help you enhance your websites and applications (“API Client(s)”). YOU AGREE THAT LINGVANEX MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE LINGVANEX PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include Lingvanex accessing and using your API Client, for example to identify security issues that could affect Lingvanex or its users. You will not interfere with this monitoring. Lingvanex may use any technical means to overcome such interference. Lingvanex may suspend access to the APIs by you or your API Client without notice if we reasonably believe that you are in violation of the Terms.

Lingvanex will only store Content or Processed Content on its servers to the extent technically required to provide its services. Content or Processed Content will neither be perpetually stored on Lingvanex’s servers nor returned to Customer. For the avoidance of doubt, Lingvanex shall be entitled to create and retain access logs for billing, security and statistical purposes. Such access logs shall not contain any Content or Processed Content. However, access logs may contain meta data of API Requests such as time of the API Request and size of the transmitted Content.

Lingvanex data centers are hosted in each main customer region (USA, Europe, Asia) and meet GDPR requirements.

Lingvanex is collecting and processing personal data in compliance with the General Data Protection Regulation (GDPR) put in place by the European Commission since May 25th 2018

Lingvanex has implemented technologies and put in place physical, electronic and managerial procedures to ensure the confidentiality, integrity and security of the processing of Personal Data and protect the stored Personal Data against accidental or unlawful alteration, unauthorized disclosure or access or improper use. Lingvanex’s employees, processors or any other person acting under the authority of Lingvanex as controller, who have access to Personal Data, are obliged to respect your privacy and the confidentiality of your Personal Data.

b. Security

You will use commercially reasonable efforts to protect user information collected by your API Client, including personally identifiable information (“PII”), from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law.

c. Ownership

Lingvanex does not acquire ownership in your API Clients, and by using our APIs, you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs.

d. User Privacy and API Clients

You will comply with all applicable privacy laws and regulations including those applying to PII. You will provide and adhere to a privacy policy for your API Client that clearly and accurately describes to users of your API Client what user information you collect and how you use and share such information with Lingvanex and third parties.

Section 4: Prohibitions and Confidentiality

a. API Prohibitions

When using the APIs, you may not (or allow those acting on your behalf to):

Sublicense an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties.
Perform an action with the intent of introducing to Lingvanex products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
Defame, abuse, harass, stalk, or threaten others.
Interfere with or disrupt the APIs or the servers or networks providing the APIs.
Promote or facilitate illegal online gambling or disruptive commercial messages.
Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
Use the APIs for any activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
Remove, obscure, or alter any Lingvanex terms of service or any links to or notices of those terms.

b. Confidentiality Matters

API credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials.
Our communications to you and our APIs may contain Lingvanex confidential information. Lingvanex confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Lingvanex’s prior written consent. Lingvanex confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose Lingvanex confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.

Section 5: Termination

a. Termination

You may stop using our APIs at any time with or without notice. Lingvanex reserves the right to terminate the Terms with you or discontinue the APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.

b. Your Obligations Post-Termination

Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API and delete any cached or stored content. Lingvanex may independently communicate with any account owner whose account(s) are associated with your API Client and API credentials to provide notice of the termination of your right to use an API.

c. Surviving Provisions

When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply. 

Section 6: Liability for our APIs

a. WARRANTIES

EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER LINGVANEX NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE APIS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE APIS, THE SPECIFIC FUNCTIONS OF THE APIS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE APIS “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.

b. LIMITATION OF LIABILITY

WHEN PERMITTED BY LAW, LINGVANEX, AND LINGVANEX’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LINGVANEX, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE APIS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE APIS AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

IN ALL CASES, LINGVANEX, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

c. Indemnification

Unless prohibited by applicable law, if you are a business, you will defend and indemnify Lingvanex, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:

your misuse or your end user’s misuse of the APIs; your violation or your end user’s violation of the Terms; or any content or data routed into or used with the APIs by you, those acting on your behalf, or your end users.

Section 7: General Provisions

a. Modification

We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our APIs. You should look at the Terms regularly. We’ll post notice of modifications to the Terms within the documentation of each applicable API, to this website. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms.

Lingvanex reserves the right to add additional features to the services at any time. Furthermore, Lingvanex may change, limit or remove existing features for reasons of data security, technical necessities or due to changes in applicable law, provided that the change, limitation or removal is reasonable for Customer in consideration of the interests of both Parties. Lingvanex shall inform Customer of such changes in due time in writing (e-mail sufficient).

b. General Legal Terms

We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party’s ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and Lingvanex does not take action right away, this does not mean that Lingvanex is giving up any rights that it 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. The Terms are the entire agreement between you and Lingvanex relating to its subject and supersede any prior or contemporaneous agreements on that subject.

Lingvanex is entitled to subcontract third parties to fulfil its contractual duties in whole or in part.

 

Any claim relating to Lingvanex APIs shall be governed by Cyprus law without regard to its conflict of law in other countries.