- 1.2. Account: the personal account of the User (based on accurate information provided by the User) to get access to the Translation Software, including its personal and confidential User name and password.
- 1.3. CROSSLANG NV: a limited liability company under Belgian Law, having its registered address at Kerkstraat 106, 9050 Gent, Belgium, registered under company number BE 0869.914.707, designing, developing, commercializing and operating the Translation Software.
- 1.4. Delivery Date: the date on which the User receives the login confirmation, is able to use the Translation Software and has paid the Price(s).
- 1.5. Intellectual Property Rights: (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights, know-how; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, (f) trade and business names, domain names, database rights, rental rights and any other industrial or intellectual proprietary rights or similar right (whether registered or unregistered); (g) all registrations, applications for registration, renewals, extensions, divisions, improvements or reissues relating to any of these rights and the right to apply for, maintain and enforce any of the preceding items, in each case in any jurisdiction throughout the world.
- 1.6. JUDIC.IO: the registered trademark for the Translation Software, owned by CROSSLANG NV.
- 1.7. Input: the original text, in a specific format, that the User wants to translate using the Translation Software.
- 1.8. Language(s): the languages which the Translation Software is able to translate.
- 1.9. Output: the translation of the Input, in a specific format, using the Translation Software.
- 1.10. Price(s): the amount to be paid by the User to CROSSLANG NV for using the Translation Software.
- 1.11. Term: a definite period of one (1) month, or consecutive periods of one month, or any other term agreed between CROSSLANG NV and the User in line with any promotions on the Website.
- 1.13. Translation Software: the online accessible non-downloadable machine translation software and related services.
- 1.14. User(s): any existing private or professional person, whether on its own account or on account of a company, that intends to use the Translation Software for either private or professional purposes.
- 1.15. Website: www.judic.io and any other related website owned by CROSSLANG NV.
2. Purpose and essentials of the Translation Software
- 2.1. CROSSLANG NV has developed a Translation Software that automatically translates Input into Output for a limited number of Languages.
- 2.2. CROSSLANG NV undertakes its best effort to deliver easy-to-use Translation Software which is accessible in- and outside traditional working hours, provides quality Output in a very short period of time at competitive Prices.
- 2.3. To safeguard confidentiality CROSSLANG NV undertakes its best effort to secure Input and Output. The User is solely responsible for archiving its Input and Output.
- 2.4. CROSSLANG NV as such is not a translation agency. Unless needed for technical or legal compliance purposes or agreed otherwise in writing between CROSSLANG NV and the User, employees, helpers, agents and/or subcontractors of CROSSLANG NV do not intervene during the translation process, neither review the Output. CROSSLANG is not liable for any translation mistakes or any damages resulting from the use of the Output.
- 2.5. By using the Translation Software the User accepts that the Translation Software captures words or sentences from Input with the purpose to automatically improve its Language databases, dictionaries, spelling or grammar intelligence.
3. Use of the Translation Software
- 3.1. To access the Translation Software, the User should have an internet connection with a minimum speed of 5 Mbps. The access to an internet connection is the User's sole responsibility.
- 3.2. The User is solely responsible for maintaining the confidentiality and security of its Account. The User shall be fully responsible for all activities that occur under its personal Account. The User may not transfer its Account to any third party. The User agrees to immediately notify CROSSLANG NV of any unauthorized use, or suspected unauthorized use of its Account or any other breach of security. CROSSLANG NV will not be liable for any loss or damage arising from the User's failure to comply with the above requirements.
- 3.3. Input and Output can be provided in a limited number of formats and within the constraints as indicated by CROSSLANG NV. The Output of the Translation Software is, unless agreed otherwise in writing, a plain text that does not take into consideration any lay-out, graphical or structural elements.
- 4.2. CROSSLANG NV reserves the right at any time to change the Translation Software including eliminating or discontinuing, temporarily or permanently any service or other feature of the Translation Software without any liability against the User or any third parties and without any need to refund Price(s) paid.
- 4.3. During the Term, CROSSLANG NV may, in its sole discretion, provide the User with certain updates of the Translation Software or any part thereof. For the avoidance of doubt, CROSSLANG NV is not obligated to provide any updates or upgrades to the Translation Software.
- 4.4. Any such amendments or changes made will be effective immediately upon making such changes available in the Translation Software. The User agrees that its continued use of the Translation Software after such changes constitutes irrevocable acceptance of such changes.
5. User license
- 5.4. By uploading the Input, creating or otherwise providing information or data on or through the Translation Software, the User grants CROSSLANG NV a non-exclusive, royalty-free, worldwide, sub-licensable, transferable, license to use, copy, store, modify, transmit and display this Input to the extent necessary to provide the Output.
- 5.5. The User will refrain from registering an identical or similar trademark to JUDIC.IO or any other trademark owned by CROSSLANG NV for identical or similar goods and services anywhere in the world.
- 6.2. If the User fails to pay or timely pay the Price for the use of the Translation Software, CROSSLANG NV may immediately without prior notice suspend the User's access to the Translation Software. In particular, the User acknowledges that CROSSLANG NV is not obligated to deliver any Output through the Translation Software as long as the Price is not paid.
7. Term and termination
- 7.1. CROSSLANG NV grants the User the license for the duration of the Term. Early termination before expiration of the Term is not possible, except in case of breach.
8. Price and payment
- 8.1. During the Term and as a consideration for the license, the User agrees to pay the Price.
- 8.2. All payment obligations are non-cancellable and all amounts paid are non-refundable.
- 8.4. All amounts are payable in Euro.
- 8.5. All amounts not paid by the User on the due date mentioned in the invoice shall bear interest in accordance with the law of 8 August 2002 on combating late payments in commercial transactions. The User shall also pay an administrative fine of forty (40) Euro per notice or letter of default sent by CROSSLANG NV to the User.
- 8.6. CROSSLANG NV reserves the right at any time, and from time to time, with or without cause and without prior notification to amend these Prices.
- 9.1. Except as expressly provided in this Article and to the maximum extent permitted by applicable law, the Translation Software and the Output are provided “as is,” and CROSSLANG NV makes no (and hereby disclaims all) other warranties, covenants or representations, or conditions, whether written, oral, express or implied including, without limitation, any implied warranties of satisfactory quality, course of dealing, trade usage or practice, merchantability, suitability, availability, title, non-infringement, or fitness for a particular use or purpose, with respect to the use, misuse, or inability to use the Translation Software or services provided to the User by CROSSLANG NV.
- 9.2. CROSSLANG NV does not warrant that (i) all errors can be corrected, or that access to or operation of the Translation Software shall be uninterrupted, secure, or error-free, and (ii) the information, including but not limited to the Output available on or transmitted by the Translation Software is true, complete or accurate. The User specifically acknowledges and agrees that CROSSLANG NV cannot be held liable for any decisions made by the User or any third party based upon the Output whether such data is accurate or inaccurate. The User acknowledges and agrees that there are risks inherent to transmitting information over and storing information on the internet and that CROSSLANG NV is not responsible and cannot be held liable for any losses of your data, including but not limited to the Input and Output and any user data in connection therewith.
- 10.2. Such indemnity obligation shall be conditional upon the following: (i) CROSSLANG NV is given prompt written notice by the User of any such claim; (ii) CROSSLANG NV is granted sole control of the defense and settlement of such a claim; (iii) upon CROSSLANG NV's request, the User fully cooperates with CROSSLANG NV in the defense and settlement of such a claim, at CROSSLANG NV's expense; and (iv) the User makes no admission as to CROSSLANG NV's liability in respect of such a claim, nor does the User agree to any settlement in respect of such a claim without CROSSLANG NV's prior written consent. Provided these conditions are met, CROSSLANG NV shall indemnify the User for all direct costs incurred by the User as a result of such a claim, as awarded by a competent court of final instance, or as agreed to by CROSSLANG NV pursuant to a settlement agreement.
- 10.4. The foregoing states the entire liability and obligation of CROSSLANG NV and the sole remedy of the User with respect to any infringement or alleged infringement of any Intellectual Property Rights caused by the Translation Software or any part thereof.
- 11.2. To the extent legally permitted under applicable law, CROSSLANG NV shall not be liable to the User or any third party, for any special, indirect, exemplary, punitive, incidental or consequential damages of any nature including, but not limited to damages or costs due to loss of profits, data, revenue, goodwill, procurement of substitute services, reputational damage arising out of or in connection with the use of the Translation Software regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if CROSSLANG NV has been notified of the likelihood of such damages.
12. Data protection
- 12.2.3. the User shall ensure that the relevant third parties whose personal data are processed have been informed of, and have signed the appropriate legal mechanisms to agree with, such use, processing, storage and transfer as compliant with applicable data protection legislation and industry standards;
- 12.2.5. the User acknowledges and agrees that the Input, including personal data, may be shared with CROSSLANG NV's employees, representatives, officers, directors, agents, advisors, affiliates, subcontractors and consultants who have a need to know such data for the purpose of providing technical support or legal compliance;
- 12.2.6. each party shall take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal data or its accidental loss, destruction or damage.
- 12.3. CROSSLANG NV may retain and store Input and Output, including personal data of the User and third parties, for as long as reasonably needed to provide the User with the Translation Software.
- 12.4. CROSSLANG NV will be entitled to use the information from the Account for statistical purposes provided that these data are anonymized and the processing respects the legal requirements concerning the processing of data for historical, statistical and scientific purposes as provided in the Privacy Act of 8 December 1992 and the implementing KB of 13 February 2001.
- 12.5. CROSSLANG NV will be entitled to use the information from the Account for marketing purposes provided that the User has had the clear possibility to either opt-in or opt-out. As a consequence, the User may receive direct marketing information, either through the Translation Software, Website, by e-mail or postal services.
- 13.6. All notices from CROSSLANG NV shall be deemed delivered and effective when sent to the email address provided in the Account. If the User changes email address, he/she must update the Account settings.
Last revision: 14 March 2017