By accessing these applications/portals/platforms:- LINGPAD and others, as may be launched from time to time (hereinafter referred to as "Website”, “Platform", and/or “Application”, which shall mean and be used interchangeably having the same meaning), is developed, operated and maintained by LINGPAD INC. (The Company) having registered office at 800 N King Street Suite 304 1083 Wilmington Delaware 19801 U.S.A, you agree to be legally bound by the following terms and conditions.
Before using this platform, please read and fully understand all terms and conditions (“Terms”) outlined herein, as well as the
Privacy Policy available on the Website. Additionally, refer to any other applicable legal information relevant to your use of the platform. By proceeding, you affirm that you are legally competent enough to use the portal and are fully capable of understanding and complying with these Terms. In case of an individual accessing the services and using our platform, website, or portal, you must be at least 18 years of age. By using the platform and agreeing to these Terms, you confirm and represent that you are at least 18 years old. For users under the age of 18, registration must be completed using the credentials of a parent or legal guardian.
The platform is not responsible for verifying or authenticating the age of users; however, it reserves the right to conduct random or selective checks to confirm the legal age of you or your legal guardian as registered on your behalf. If you do not agree to all of the terms and conditions stated here, or if you are not competent enough to use the portal responsibly and in accordance with these Terms, do not continue to use Lingpad.
Furthermore, by accessing this platform, you warrant and confirm that you shall be held liable for all actions undertaken by your agents. The user acknowledges that any actions performed by agents on the platform are the sole responsibility of the user, and the user shall be accountable for any consequences arising from those actions.
“we”, “our” and “us” means “the company” i.e. “Lingpad”; “you”, “user” and “your” means any person and/or the institutions/organizations etc., but not limited to, who accesses and uses this Platform along with updating their users on this platform.
“Content” hereby means any texts, images, or other information posted or requested by the user for the purpose of the translation.
“Services” refer to any translation services provided by Lingpad through the Portal.
It is strongly recommended that you visit this page periodically to review the most current version of the Terms and Conditions. The company reserves the right to change or otherwise modify the Terms at any time without giving prior notice. Your continued access or use of this platform would signify your acceptance of the updated or modified Terms. If you object to these Terms or any subsequent modifications to these Terms or become dissatisfied with the platform in any way, you should immediately terminate the use of the platform.
TERMS AND CONDITIONS OF USE
Before you further use this Platform, you must read all of the terms and conditions specified (all sections of this Platform including but not limited to Terms and Conditions, Privacy Policy, and others) collectively hereinafter referred to as the Agreement.
By using these Services and the Platform (hereinafter referred to as Services), you hereby confirm to have accepted the Agreement, with immediate effect.
If you do not agree to the aforesaid paragraph, please do not proceed further on this Platform.
If you and the company have expressly agreed to special and expressed terms other than as mentioned in these terms and conditions, such special and expressed terms shall prevail in case of conflict. However, such special terms must be in writing and mutually agreed between the parties. Apart from that, all the other terms and conditions that are obligatory to or binding on you will be applicable.
A. GENERAL
To the extent that any provision of this Agreement is found to be invalid, unlawful or unenforceable you agree that the courts of law at Delaware, USA shall have exclusive jurisdiction over the matter and shall endeavor to give effect to the Parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
Headings are for reference purposes only and do not limit the scope or extent of such sections. The company may or may not take any legal actions against the breach/misconduct of this agreement. The failure of the company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Except as otherwise expressly provided in this Agreement there shall be no third-party beneficiaries to this Agreement. This Agreement constitutes the entire agreement, subject to specific provisions herein, between you and the company and governs your use of the Platform and the Services, superseding any prior agreements or any communication written or oral by any mode between you and the company with respect to the Platform and/or the Services, unless specifically mentioned in that agreement or via email communication.
B. DESCRIPTION OF SERVICES/ PURPOSE:
LINGPAD is the portal that aims to streamline language-related workflows, empower users with powerful AI-driven tools, and facilitate seamless communication across languages, thereby enhancing efficiency and effectiveness in diverse professional settings.
Lingpad is described as a platform offering linguistic analysis and translation services. The four services we provide include Messaging, Help Center, Document, and Browser Extension (Chrome Plugin and others). Further details related to the services may be availed from the above-mentioned website/s.
The User shall be bound by the Terms of Use and all copyright policies and other applicable laws for any purpose regardless of whether the user is availing any paid services or not. Content hosted on the platform is licensed, and not sold to the User. The user needs to create the project on the portal, purchase a license to use the portal, and shall enter the details of the agents (“agents” hereby refers to any individuals who, on behalf of the user, are authorized to access and utilize the services provided by Lingpad. This includes the user’s employees, designated representatives, contractors, or any other individuals acting under the user’s authority to interact with and avail of Lingpad’s platform and services. These agents are granted access to perform tasks, submit requests, and utilize services as part of the user’s engagement with Lingpad, and their actions within the platform are understood to be under the user's direction and responsibility) that are going to use the portal on behalf of the licensee. The user shall be responsible for the actions of their agents and shall indemnify the company against any damages or losses incurred by the company as a result of the agents' actions. The company reserves the right to introduce additional terms in future as may be mandated by compliant authorities and/or otherwise. Users may use the company's Applications /portal only on Supported Devices (as may be conveyed from time to time by the company) that are compatible with the software. To access the application, Users must take license, install and create a project to run this portal, and updates and upgrades thereto, owned or controlled by the company and/or its service provider(s).
While using and accessing this platform, the user consents to the storage of various types of information, including login details, name, address, email, agent details, and assigned languages. Additionally, the platform may store the user’s IP address and Order ID when accessing the messaging center. When using the help desk or file sections, the user agrees to the storage of both the requested translation document and the translated document. Furthermore, the platform may collect and store the user’s phone number, preferred registration method (such as Gmail or Facebook), and geographical location. This consent is provided by the user through acceptance of this agreement. The user understands that some or all of these may be specified under personal information, and the user unconditionally provides the Company with their consent to store, use, process, transmit etc., this information. Additionally, the user provides consent to the company to allow the company to use various analytics tools like Google/Web Analytics etc., over such data of the user. Company further collects and stores other information that may include but not limited to users name, email, company’s name, agent details, documents, etc., to which the user completely provides their consent hereof.
In the course of providing user-friendly and hassle-free service/experience to the user and to provide end services, the company may be using third-party services. In such cases, direct or indirect integrations will be made with such associated third-party service providers to render certain services.
Any data provided by you shall be used preliminary for this purpose or any other purpose connected to fulfill the above purpose or enhance the user experience. While availing Messaging services, the company does not store any data or messages by the end-user; the company stores the Order ID, the number of words that are requested for translation, and the agent details that are entered while creating the project by the user. These details are not shared with third-parties other than the person working and authorized by the company. Whenever an agent/user signs-up for a project, they shall give permission to fetch the necessary data from respective platforms user intergate with, and only then the project is created and works. While availing the Document or Help Center services, the company stores the data inclusive of the requested documents for the translation and the revised translated documents.
C. REGISTRATION:
Registration with the Platform is by way of creating a user ID/project ID/Space/Folder. You are solely responsible and liable for the veracity and accuracy of all personal and other details furnished by you as well as for authentication of all documents uploaded by you at the time of registration with the Platform and afterwards.
You hereby agree that the Company may contact you either electronically, through phone or its online and offline centers or associates, to understand your interest in the selected products and services and to fulfill your demand. You also agree that the company/the platform reserves the right to make your details available to its partners and affiliates and you may be contacted by such partners and affiliates for information through email, telephone, SMS and/or any other mode of communication.
You hereby expressly grant consent to receive Transactional or Service Explicit/Implicit communications, promotional materials and/or special offers from the company through email, SMS and/or any other mode of communication.
D. USER ACCOUNT, PASSWORD, AND SECURITY:
If you use the Platform, you shall be responsible for maintaining the confidentiality of your Display Name and Password. You shall be responsible for all activities that occur under your Display Name and Password. While registering with Lingpad, you will get the password on your registered email ID and shall enter the same password. This process is done by the company for verification and to avoid the creation of fake projects. You agree that if you provide any information that is untrue, inaccurate, not current, and incomplete, we shall have the right to indefinitely suspend or terminate or block access to your membership on the Platform.
You agree to immediately notify us of any unauthorized use/breach of your password or account and ensure that you exit from your account at the end of each session.
You shall provide and timely update the details of agents and their allotted languages. You must also subscribe to the plan you want. The company provides options for subscription of plans to avail the Messaging, Help Center, Document, and Browser Extension services. The user must subscribe to the plan and make the payment for the subscribed plan.
E. PROPRIETARY RIGHTS:
You acknowledge and agree that the company owns all legal rights, titles and interests in and to the Platform and the Services offered herein, including any intellectual property rights that subsist in the Platform, technology, other intellectual property rights and/or the Services (whether those rights are registered or not, and wherever in the world those rights exist). All the content displayed on the Site is the sole property and is in the exclusive right, title and ownership of the Company; it may be noted that the term “Company” in context and meaning to the preceding line shall mean and be interpreted as the respective institutes, organizations, publications etc., shall continue retaining their respective IPR and proprietary rights of their respective IPRs being published, accessed, hosted etc., on the platform and of Services. The copyright exists in the content on the Site as well as the Site itself is and shall always remain in the sole custody, possession, control and ownership of the Company. Copyright for this purpose includes registered as well as any unregistered copyright. You further acknowledge that the Platform/Services may contain information which is designated confidential by the company and that you shall not disclose such information without the company's prior written consent. You shall not copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Platform and/or the Services.
The trademarks, logos, designs and service marks ("Marks") displayed on this Site are the property of the Company (and/or the respective institutes, organizations, publications, etc., respectively) and shall always remain the sole property of the Company. Trademarks and domain names of the Site also vest with the Company. Trademarks that have been applied for registration and the unregistered trademarks shall also be the sole property of the Company. You do not have the right to use any of the company's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features without obtaining prior written permission of the Company. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices) that may be affixed to or contained within the Services or on the Platform. You will not copy or transmit any of the Services, components of service, data, details, or any other information. You are strictly prohibited to modify, copy, alter, change, distribute, display, publish, transform, transfigure and/or mutate any part of the Platform and/or the Services outside the platform and/or in any manner apart from the one permissible on the platform from time to time.
The Company’s websites (current as well as any other launches of the future) respect the intellectual property rights of our users, Content Providers, organizations, institutes, publications and other third parties and expects our users to do the same when using the Services. Users shall be equally bound by confidentiality clauses and all other applicable clauses towards maintaining the sanity of the meaning of the clauses mentioned in this agreement, not only towards the company but also towards and not limited to the respective content providers, source code providers, service providers, 3rd parties etc.
The company grants you a limited license to access and make use of the Platform, and the Products/Services offered are purely for commercial purposes only. The license does not include any resale of this site.
This license does not include copying of any kind of information or in any forms such as extract or reformatted for the benefit of another individual, vendor or any other third party who have not subscribed for the platform’s services; caching, unauthorized hypertext links to the Platform and the framing of any content available through the Platform, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party) outside the application; uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in the company's sole discretion) an unreasonable or disproportionately large load on the company's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not bypass any measures used by the company to prevent or restrict access to the Platform and/or the Services. Any unauthorized use by you shall terminate the permission or the limited license granted to you by the company and shall entail charges of compensation to be paid by you as may be determined by the company.
By using the Platform, you (user) agree not to:
- Use this Platform or its contents for any purpose other than as defined in the Platform;
- Make any speculative, false, or fraudulent transaction or any transaction in anticipation of demands;
- Access, monitor or copy any content or information of this Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violate the restrictions in any robot exclusion headers on this Platform or bypass or circumvent other measures employed to prevent or limit access to this Platform;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep link to any portion of this Platform (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or
- "Frame", "Mirror" or otherwise incorporate any part of this Platform into any other software/platform without our prior written authorization.
- Use, post etc., any content that is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force. Such an act may constitute criminal proceedings against the user at his/her own risk, damage and consequences. Notwithstanding the fact that recorded contents or other parties involved in creating, producing, or delivering the Site may monitor or review any links to the Site, the company and such parties assume no responsibility or liability which may arise from the content thereof is harmful to child and/or impersonates any other person Infringes any patents, trademarks, copyrights, proprietary rights and/or violates any law for the time being in force
- Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact threatens the unity, integrity, defense, security or sovereignty, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting other nation is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- Breach any restrictions, or guidelines that may be imposed by competent authorities from time to time
- Use Downloaded Content upon or after the expiration of the Use Period and acknowledge that any expired Download Content will be automatically deleted from the user without further notice to user
- Remove any proprietary notices or labels on the Site or Site Content.
- Use the Site, Site Content or Service, or any portion thereof, for any purposes which are unlawful in any nation or jurisdiction in the world or for any commercial purpose whatsoever.
- Use the Site, Site Content or Service in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction
G. YOUR ACCOUNT
You represent and warrant that you/ user on whose behalf this account is being created /to be created and used (Parent or Legal Guardian; shall be jointly, severally and interchangeably used as “You”, “Your” etc.), are competent to contract, and under no coercion or undue influence of any person or substance or incapacitated in any manner whatsoever to form a binding contract and are not a competitor of the company or in any way or manner associated with competitor or potential competitor or a person barred from receiving the Services offered by the company under the laws of applicable jurisdiction. You will use the Platform to make legitimate use for you or for any other person for whom you are legally authorized to act (and will inform such other persons about the Agreement and/or Privacy Policy) that apply to the use of the Platform and the Services on their behalf (including all rules and restrictions applicable thereto). You also agree to provide true, accurate, current and complete information about yourself as required by the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the company has the right to refuse and/or deny access of any and all existing or future use by you of the Platform (or any portion thereof).
Notwithstanding the above, the company retains the right at its sole discretion to deny access to anyone to the Platform and/or the Services it offers, at any time and for any reason, including, but not limited to, for violation of the Agreement or Privacy Policy or any other policy that may be in force with or without reason.
Users shall be responsible for the creation and saving of their own user Id and password (A strong password containing alphanumeric usage along with special characters should be used) and the company recommends the same to be changed at regular periodic intervals. Users shall be responsible for the passwords and IDs of their agents and shall monitor and supervise all acts done by them on/ via these Services. Users shall ensure that none of their agents shall act/ omit to act, in contravention of these Terms and of the applicable laws. User shall indemnify Company for all and every loss/ damages/ claims etc. incurred by the Company due to action/ omission of their agents.
H. OUR PARTNERS & CONSENT
The company's display on or through the Platform of any product options or by any other mode of communication (whether public or private) offered by third parties does not in any way imply, suggest, or constitute any sponsorship, recommendation or approval of the company of any such third parties or of their products. The company does not, through its Platform display, content or in any other manner, provide any recommendation, opinion or advice to you on the third parties or their products. You agree that the company and the Platform are in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties. It is specifically clarified that the only role that the company is playing through its Platform is as mentioned in the services/purpose and any interaction with such third party introduced through the Platform is at your own risk, and the company will have no liability or responsibility with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, non-performance, delays, defaults, any loss of business or profit or other damages or expenses resulting from your interactions with such third parties.
You hereby undertake and confirm that the information and data furnished by you to the platform are true and correct. Pursuant to this agreement, you acknowledge and confirm that you have consented to share sensitive data provided by you with the platform as well as any partners of the platform in future. By registering and proceeding with the Application, you hereby authorize the platform and give your consent for the purposes as may be envisioned by the platform from time to time.
While the company takes the best in industry measures to safeguard user’s data, it clearly disclaims any obligation as may be imposable onto the company. The company reserves the right to delete the entire data of the user at any point in time wherein a breach of the stated terms is found, at the sole discretion of the company. The company further reserves the rights to segment different user categories like patron users and others etc., and store the information in an archived manner and/or delete the same upon expiration of the subscription/license period. The company hereby confirms that upon request of the user for deletion of his/her respective data, the company upon evaluation and the then existing rules of retaining data, shall do the needful as requested by the user.
I. LOCAL LAWS
The Company is located in Delaware, USA hence you are liable to comply with all the local laws of the jurisdiction where the company is located.
J. SUBMITTED CONTENT
The company does not claim ownership and/or usability/suitability of any information, data, documents and/or materials ("Materials") of any kind made available by you through the Platform; however, there are various institutions which may have been on-boarded as one of the key user group of this platform which has subscribed for various 3rd party contents. These contents are owned by respective 3rd party content providers, publishers etc., and the platform in no way claims ownership, accuracy, veracity etc., of such content which may be subscribed or made available by institutions and/or by such 3rd party publishers.
You hereby represent, warrant and covenant that any Material you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section. In case any liability arises on the company, then you shall be solely liable and shall indemnify the company. We take no responsibility and assume no liability for any Material and its content posted or submitted by you. We have no obligation to post your Material or comments; we reserve the right in our absolute discretion to determine which Material/comments are published on the Platform. If you do not agree to these terms and conditions, please do not provide us with any Material/content for submission. You agree that you are fully and solely responsible for the genuineness, veracity and authentication of the Material and content you submit.
You are prohibited from posting or transmitting, including but not limited to the following, to or from this Platform:
- Any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services) unless specifically required by the company;
- Any unauthenticated or manipulated data (in any form) leading to forgery or business deal failures.
Any noncompliance/breach/infringement of the above shall entitle the company to take strict actions as it deems fit against you. You shall be solely liable for any damages, claims, costs and expenses resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Platform.
K. LIMITATION OF LIABILITY
The company and its Partners, Subsidiaries, Joint Ventures, Associates, Officers, Directors, Employees, Representatives, Affiliates, and providers (hereinafter referred to ''The company's Associates") will not be responsible or liable for:
(a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with:
- any failure or delay (including without limitation the use of or inability to use any component of the Platform), or
- any use of the Platform, content, or Services, or
- the performance or non-performance by us or the company's Associates, even if we have been advised of the possibility of damages to such parties or any other party, or
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or
- user content or the defamatory, offensive, or illegal conduct of any third-party
(b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Platform or your downloading of any Service/content from the Platform.
(c) any unanticipated, unforeseen damages, risk and/or claims that may arise due to the usage of this platform
In no event shall the company, its affiliates, directors, employees, advisors, service providers and/or licensors etc., be liable to the user for any claims, proceedings, liabilities, obligations, damages, losses and/or costs in an amount exceeding the amount user/client has paid to the company hereunder.
L. INDEMNITY
You agree to indemnify, release and hold harmless the company and the company's Associates, employees, advisors, third party service providers from any and against all liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties, interests or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to breach of this Agreement, violation of any law or the rights of a third party, or use of the Platform/Services.
M. ELECTRONIC COMMUNICATION
When you use the Platform, you are communicating with the company electronically. You consent to receive communications from the company electronically. The company may communicate with you by email or by posting notices on the Platform or by phone or usually available means of communication.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to visit our terms and conditions & Privacy policy on the company's website periodically (at least once in a year) and in case you do not agree to the same, kindly cease the usage of the platform immediately.
N. LINKS AND BROWSER EXTENSION
The Platform or third parties may provide links to other World Wide Web sites or third-party resources. Such third-party contents and links are provided solely for your convenience and information only. As the company has no control over such sites and resources, you acknowledge and agree that the company is not responsible for the availability of such third party external sites or resources, and does not endorse and is not responsible or liable in any manner whatsoever for any such third party content, advertisements, products or other materials on or available from such third party sites or resources. You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such third party site or resource. The company reserves the right to store and process the browsing history as may be required for internal analysis purposes.
O. ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Platform is restricted to authorized users only. Unauthorized individuals attempting to access or accessing these areas of the Platform may be subject to prosecution and/or legal action under the applicable laws.
P. MODIFICATION AND NOTIFICATION OF CHANGES
The company reserves the right to make changes to the Platform, Services, related policies, payment terms and agreements, this Agreement (all sections) and the Privacy Policy at any time. If the company makes a material modification to this Agreement, you are advised to refer to this Agreement from time to time. If you choose to continue using the Platform, you agree that by doing so you will be deemed to accept the Agreement.
Q. SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.
R. CONFIDENTIALITY
The provisions of this Section are in addition to the provisions of the Privacy Policy required to be accepted by the user. All information shared by the user as a registered account holder with the Platform and/or the company shall be deemed to be confidential information and the Platform has put in reasonable and appropriate protective measures to ensure that confidentiality of the same is protected.
However, if such information is shared with any third parties such party shall be responsible for maintaining the confidentiality of the same as per the applicable laws and shall be liable in case of any breach.
The Platform shall have the right to share the user information with 3rd parties, service providers, regulatory and/or statutory authorities and/or any other agency as may be required under applicable laws as well as with its partners, employees, alliances, affiliates, agents and representatives on need to know basis.
All information shared by third parties with the user on the Platform shall also be treated as confidential information (unless the same is available in public) and the user shall take appropriate and reasonable measures in its system to protect the same at its end. Any breach or negligence in this regard at the user’s end leading to any third party claims on the user, the company and/or the Platform shall be handled and settled by the user at its own cost and expense and the company shall not be responsible or liable for the same.
S. GOVERNING LAWS AND DISPUTE RESOLUTION
Governing Laws:
This Agreement(Terms of Use) and the relationship between you and the company shall be governed by the laws of Delaware, USA without regards to its conflict of law provisions. Subject to the above, the courts located in Delaware, USA shall have exclusive jurisdiction with respect to any legal proceedings that may arise in connection with this Agreement. Each party hereby waives off any right to a trial by jury in connection with any dispute, action or claim to enforce or interpret the terms of this agreement.
Amicable Settlement:
If any dispute arises between the Parties in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement (Terms of Use) the disputing Parties hereto shall endeavor to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within thirty (30) days from the date of the Dispute.
Arbitration:
If the disputing Parties are unable to amicably settle the Dispute in accordance with the above, within the period specified therein, any party to the Dispute shall be entitled to serve a notice invoking this Clause and making a reference to arbitration.
All disputes and questions whatsoever which shall arise either during the currency of this Agreement or afterwards, between the Parties concerning this Agreement to a single Arbitrator in case the Parties agree upon one. Otherwise, each party will appoint one Arbitrator within fifteen (15) days and both the arbitrators shall jointly appoint the presiding arbitrator within a period of ten (10) days. The panel of the three arbitrators shall attempt to resolve the Dispute within a period of thirty (30) business days from reference. The decision of the arbitrators shall be final and binding on the Parties.
The place of arbitration shall be Delaware, USA and all arbitration proceedings shall be conducted in the English language. Judgment upon any arbitral award rendered hereunder may be entered in court, having the above jurisdiction at Delaware, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.
The Courts at Delaware, USA shall have sole and exclusive jurisdiction on all questions relating to the validity of the arbitration provisions and the law governing the interpretation of these arbitration provisions. Each party hereby agrees and declares that they waive off their right to a jury trial.
T. PURCHASES/LICENSE
Lingpad provides you services from time to time after taking a subscription. The Lingpad license is governed by the company and the usage is limited to the user and their agents(whose details are entered while creating the project/ space). The payment shall be made in advance, User shall choose a plan and shall avail services accordingly. The AI credits are to be purchased separately and shall be used for AI translation.
PAYMENT TERMS:
The user must subscribe to the plan from the options provided and must make the payment for the same, the plan consists of a limitation of words and AI- Credits, the user shall note that after the plan expires or the requested translation services do not fit into the existing plan, the company reserves right to auto- renew the payment terms for providing the same services, payment for the same shall be automatically deducted by the Company and the user provides his consent for the same. In case where User wishes to not renew the Services, he shall intimate the Company/unsubscribe before the completion of his subscription term, however, he shall be entitled to avail Services for his whole subscription term even after such intimation/ unsubscribing.
After the payment is made or the subscription is taken, the user must note that the company does not hold or attain any liability under the same as the payment terms are handled by the third-party tool. The user must also take into consideration that the company does not store any of the data of the card/ shall not breach the legal compliance for the same. The company follows the auto-renewal payment method on the basis of the selected/subscribed plan.
U. REFUNDS
The amounts paid are nonrefundable, and there are no refunds or credits for partially used periods.
V. PRICING
Lingpad operates as a global business, and offers plans that need to be pre-purchased and need to be used for translation services.
W. WARRANTIES
The company reserves the right to discontinue or alter any or all of website services, and to stop publishing website, at any time at the company’s sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
No warranty: The company sites, services, and software are provided “as is,” with no warranty, implied or statutory, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. The company disclaims any implied, express, or statutory warranties regarding the security, reliability, timeliness, and performance of the solutions & services, including information or advice obtained through the company.
Other than as expressly set out in these terms or additional, in no event shall Company, its officers, directors, employees, advisors, vendors, service providers and/ or agents, be liable to the user for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from users access to and use of our service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our service by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of use of any content posted, emailed, transmitted, or otherwise made available via the Company’s client, whether based on warranty, contract, tort, or any other legal theory, and whether or not company is advised of the possibility of such damages, and/or (vi) the disclosure of information pursuant to these terms of service or privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some jurisdictions may allow the prudence and enforceability of certain warranties, like the implied warranty of services fitness for a particular purpose etc.; however, to the extent permitted by law, the company excludes all such warranties and strongly advises users to proceed with usage of the platform only if he/she agrees with the Terms and Conditions and Privacy Policy of the company as stated herein.
Although the Application may link to other websites (“External Sites”), the company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any External Site, unless otherwise specifically stated herein. By accessing the company's portal/application/website, users acknowledge and agree that the company has not reviewed the External Sites and is not responsible for the content contained on any External Site. User access and use of any External Site is at Users own risk, damages and consequences. The Site may contain information or advertising for third parties. Company expressly denies any endorsement, sponsorship, approval, or agreement with any third party communication made available via the Site. The company shall not be deemed to have considered, reviewed, screened or approved any such third party communication.
X. TERMINATION
In addition to any other rights of the parties set forth herein, the company may in its sole discretion, restrict, suspend or terminate User access to the Content and Service, in whole or in part and without notice, even if the end client/customer continues to offer access to the services of portal Content and Service to its other members or representatives. If User terminates User access to the Application and/or Service based on a breach of any portion of these Terms, Company reserves the right to refuse to provide other services to User in the future, even if User subscribes to such services and offers the benefits of such subscription to its other members or representatives.
Y. FORCE MAJUERE
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
You hereby accept the above Terms and Conditions and agree to be bound by the same. Any breach, violation or non-compliance shall entitle the company, the Platform and/or its representatives to take necessary action against me/us. You hereby declare that you are of major age and an individual or an entity legally capable and compatible to enter into this Agreement/Contract.
You acknowledge that you have read and have understood these Terms, and that these Terms and Conditions have the same force and effect as a signed agreement by you.