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Terms and Conditions

Last update: July 15, 2019
Table of Contents
  • 1. Definitions
  • 2. Authority to Enter Terms
  • 3. Modifications to Terms
  • 4. Our Responsibilities
  • 5. Using Localizable Services
  • 6. Payment
  • 7. Client Data
  • 8. Services
  • 9. Data Processing Contract
  • 10. Restrictions
  • 11. Privacy
  • 12. Intellectual Property
  • 13. Third-Party Sites & Services
  • 14. Disclaimers; No Warranty
  • 15. Indemnification
  • 16. Limitation of Liability
  • 17. Termination
  • 18. Contracting Party & Law
  • 19. General Provisions

Welcome to Localizable (accessible at https://localization-platform.com). These Terms of Service contain the terms and conditions that govern all use of our Platform and Services and all content, services and products available on or through the Platform (collectively, the “Localizable Services”). Localizable is operated and supplied by Jotive (“Supplier”, “we”, or “us”).

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE LOCALIZABLE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

1. DEFINITIONS

TermDescription
Account The primary means for accessing and using the Localizable Services, subject to payment of a Fee designated in the selected Plan.
Client A natural or legal person who has accepted these Terms with the Supplier.
Client Data Files and any other digital data and information subjected to the Localizable Services or inserted to the System by Client.
Localizable Services The Web Site, System, Content, Platform, and all content, services and products available on or through the Platform.
Supplier Jotive, established under the laws of The Netherlands, principal place of business at Smirnoffstraat 21, 3555 CZ Utrecht.

2. AUTHORITY TO ENTER INTO THESE TERMS WITH SUPPLIER

To accept these Terms for itself or on behalf of a Client, a person must have the legal capacity to do so. In the case of an individual, the individual must be at least 18 years of age.

3. MODIFICATIONS TO TERMS

Supplier reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes on or through the Platform or the Localizable Services.

4. OUR RESPONSIBILITIES

Supplier will make the Localizable Services, Content and Client Data available to a Client pursuant to these Terms, using commercially reasonable efforts to maintain availability 24 hours a day, 7 days a week.

5. USING THE LOCALIZABLE SERVICES

Certain features and functions of the Localizable Services can be used or accessed only by holders of an Account. Each Client may have only one Account with designated authorized Users.

6. PAYMENT

The use of an Account is subject to a Fee according to selected Plans. Fees are charged in advance on monthly or annual payment intervals.

7. CLIENT DATA

All rights, title and interest in and to the Client Data belong to the Client or third persons. By uploading Client Data to the Platform, Client authorizes Supplier to process the Client Data.

8. SERVICES

Supplier grants Client and authorized Users a non-exclusive, non-transferable license to use the Localizable Services to organize translation workflows, invite contributors, and synchronize localization assets.

9. DATA PROCESSING CONTRACT

For the purposes of Article 28 of Regulation (EU) 2016/679, these Terms constitute the data processing contract between the Client as data controller and Supplier as data processor.

10. RESTRICTIONS

Client and authorized Users may use the Localizable Services only for purposes as identified in these Terms and applicable law, without copying, hacking, or creating unauthorized derivatives.

11. PRIVACY

Supplier’s Privacy Policy is incorporated into these Terms by reference. Please read the Privacy Policy carefully.

12. INTELLECTUAL PROPERTY RIGHTS

The Localizable Services, Localizable Materials, trade names and trademarks are solely and exclusively owned and operated by Supplier and its licensors.

13. THIRD-PARTY SITES, PRODUCTS AND SERVICES

The Localizable Services may include links to third-party websites or services solely as a convenience to Clients.

14. DISCLAIMERS; NO WARRANTY

UNLESS OTHERWISE EXPRESSLY STATED BY SUPPLIER, THE LOCALIZABLE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

15. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Supplier and its affiliates from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Localizable Services.

16. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JOTIVE EXCEED THE TOTAL AMOUNT PAID BY CLIENT IN THE SIX MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.

17. TERMINATION

These Terms may be terminated for convenience by Client at any time through Account settings, or for default upon uncured breach within 30 days.

18. CONTRACTING PARTY & GOVERNING LAW

By accepting these Terms, Client is contracting with Jotive, registered at Smirnoffstraat 21, 3555 CZ Utrecht, The Netherlands. This Agreement shall be governed by and construed in accordance with the substantive law of The Netherlands. Exclusive jurisdiction lies with Rechtbank Midden-Nederland.

19. GENERAL PROVISIONS

If any provision of these Terms is held to be unlawful or unenforceable, such provision shall be enforced to the maximum extent permissible, and remaining provisions shall remain in full force.

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