memoQ Ltd., Mester u. 12. I./1., BUDAPEST, H1095 Hungary (“memoQ”) offers Langzy (“Langzy”), a value-added automated translation service using multiple machine translation providers, for business purposes. This document contains the terms and conditions that apply when users register for, access, and use Langzy.
Langzy is offered by memoQ Ltd. For registry and tax identifiers and contact details, please refer to the Publisher page: http://help.langzy.io/privacy-confidentiality-terms/publisher.
I. Accepting the Terms of service
- User may only register for, access, and use Langzy after they accept these Terms of Service and thus enter into a service contract with memoQ.
- User accepts the Terms of Service and enters into contract with memoQ by checking the check box on the online form where they submit their e-mail details to register on the Langzy website.
- User may access, download, or print these Terms of Service at all times from the following web page: http://help.langzy.io/privacy-confidentiality-terms/terms-of-service.
- User represents and warrants that they have the necessary permission or authority to accept the Terms of Service as a private individual or on behalf of an organization
II. Description of the Langzy service
- The Langzy service is a translation service that uses multiple machine translation providers, accessible from a web browser over the internet.
- Through Langzy, the User can translate documents and database contents of various formats (including plain text) from one language into another, using a machine translation service of choice. User can download the translation in the original document format, and have Langzy store the documents and the translation history for a period of time, depending on the type of service the User is subscribed to. In the future, User may also be able to automate the translation process or connect their Langzy account to another system.
- Langzy is not a machine translation reseller or broker service. User is exclusively connected to Langzy, and will not become a customer of any of the machine translation services offered. Furthermore, Langzy offers value-added services on top of machine translation, including the processing of complex document formats, process automation, connection to other systems, as well as prolonged document storage at User’s request.
- memoQ reserves the right to add more functionality, remove or impose restrictions on existing functionality (e.g. limiting the number or size of or documents).
- Langzy is a paid service. In order to order machine translation or store documents, User must have sufficient credits. User may purchase credits using all major credit cards, PayPal, or Apple Pay.
- Langzy is available to User in several different – free or paid – access plans. If User is using a free plan, they may download translated documents they have translated while still using a paid plan, for the time allowed in the original paid plan. With a free plan, User may not start new translations, or use any kind of automation. With paid plans, User may download translated documents for a specific amount of time, which depends on the plan. The allotted time is displayed in the User’s account summary within the Langzy service.
III. No consumer use
- Langzy is not a consumer product. User represents and warrants that they intend to use Langzy in connection with their regular work, as part of an activity to earn revenue or of other professional nature.
- User acknowledges and accepts that consumer protection laws do not apply to the use of the Langzy service.
IV. Payment, billing, credits, topup, auto-topup
- User needs credits to order machine translation and store documents. Upon registration, memoQ may offer an initial amount of credits for free. However, memoQ is not required to do so.
- A number of credits are worth a certain amount of machine translation. Machine translation is measured in the character count in the source text. The number of credits required for a specific amount of MT may vary depending on the machine translation provider. To check the current rates, User needs to open the balance page from their profile at https://langzy.io/settings/balance.
- If User’s credit balance is low, or the current balance is not enough to order machine translation for a document, Langzy will send a warning. User may purchase further credits at any time, using a major credit card, PayPal, or Apple Pay.
- memoQ uses a third-party payment provider called BrainTree to process payments. memoQ does not collect, store, or transfer credit card details or other payment credentials.
- User represents and warrants that, when purchasing credits, they provide valid and accurate billing details. Failing this, User shall be liable for any and all tax-related consequences (fines or other legal procedures).
- memoQ uses a third-party billing provider called Szamlazz.hu to produce receipts and invoices. Szamlazz.hu will receive User’s billing data as well as the details of each transaction. Applicable laws require that billing details as well as the contents of invoices be kept on record for 8 (eight) years from the transaction.
- Recurring payments: Langzy may offer to automatically top up User’s credits when the balance falls under a specific level. To do this, Langzy needs to be able to bill User and charge User’s credit card or other payment method without User’s repeated intervention. To this end, User needs to allow the payment provider (Braintree) to register their payment method and also allow memoQ to store User’s billing details in a persistent manner. If User does not allow these, automatic topup will not be possible.
- Third-party billing provider: After every purchase, Langzy will send User a financial receipt where the service provider will appear as memoQ. To do this, Langzy uses a billing provider called Szamlazz.hu. Szamlazz.hu will receive User’s billing details as well as the financial specifics of each purchase. Applicable tax law requires that all billing information be preserved on record for 8 (eight) years from the date of purchase.
V. Acceptable use
- User may not use Langzy for any purpose other than stated in the preamble as well as Sections I and II.
- User may not attempt to gain unauthorized access to components of Langzy other than User’s own profile and translation jobs. Specifically, User may not attempt to access underlying system components or gain access to data of other Users or of memoQ.
- User may not attempt to reverse-engineer, replicate, or republish parts or the entirety of Langzy. In addition, User may not attempt to make unauthorized changes to the functionality or to the front-end of Langzy.
- User agrees to use Langzy in a reasonable way, and not to upload too many or too large documents that may cause Langzy to malfunction. There are no technical limitations, but attempts, inadvertent or intentional, may result in the suspension of User’s Langzy account.
- User may not upload documents that contain personally identifiable data or any other confidential information. User is fully responsible for either redacting each document to erase any such information, or for obtaining permissions from the data subjects or the owners of the confidential details. User shall be fully liable for any breaches or violations of this paragraph.
- Failure to comply with terms in this section will result in the cancellation of User’s Langzy account, and may carry legal consequences.
VI. Non-payment, suspension, cancellation, and termination
- When User purchases credits, either manually or through auto-topup, Langzy will attempt to charge User’s card or other payment method three times over 10 (ten) days.
- If Langzy is unable to collect payment in 10 days from the date of purchase, User’s account will be suspended. User will receive notice to update their payment method.
- When User’s Langzy account is suspended, User may not order new translations or use automation, even if they have a positive credit balance. However, User can still access their profile and download translated documents (according to User’s access plan).
- If User makes a successful payment after the account was suspended, User’s account will be enabled again. Langzy will also restore the credit balance that User had before the suspension.
- User may cancel their accessplan without deleting the Langzy account. This will switch User’s Langzy account to a free plan, which is the same as suspending the account. User’s account will behave as described in Section VI/3.
- User may delete their Langzy account at any time, without specifying a reason. This amounts to terminating the agreement between User and memoQ. User may delete their access by clicking a button on their Langzy profile page, if such button is available. If an account deletion button is not available on the Langzy profile page, User may request to delete their account by sending a cancellation notice to memoQ in e-mail, to firstname.lastname@example.org.
- memoQ may terminate User’s Langzy account if User commits a material breach of any of the terms herein, or User’s use of Langzy violates the laws of the territory where Langzy is hosted (Germany), or the laws of User’s country of residence, or if authorities require the account to be terminated. In the event of such termination, memoQ will supply written evidence of the breach or the legal procedure. Depending on the seriousness of the breach, memoQ may only first suspend User’s account, allowing 7 days for corrective action.
- When Users’s Langzy account is cancelleddeleted or terminated, all credits on User’s balance is lost, and the payment for unused credits will not be refunded.
- memoQ may terminate the entire Langzy service without specifying a reason. memoQ will send or publish a termination notice 90 calendar days prior to such termination.
VII. Limitations of warranties, service level guarantees, and liability
- Translations are provided “as is”: memoQ does not guarantee the quality of the machine translation available through Langzy in any way.
- Neither will memoQ guarantee the availability of any machine translation provider at any specific time. However, memoQ will do everything in their power to work with providers to restore normal operation with the shortest possible delay, if there is an outage or malfunction.
- memoQ guarantees that, if User does not receive a translation through Langzy in reasonable time, no credits will be taken away from User’s balance. However, memoQ is not required to detect this: when a translation is not received, User needs to contact Langzy support through email@example.com.
- memoQ does not guarantee the availability of the Langzy service at any specific time. However, memoQ makes every reasonable effort to keep the Langzy service running at all times, and employs adequate technical measures to prevent malfunction or data loss.
- memoQ does not guarantee that Langzy will be able to process any specific documents. If a document cannot be processed, User will receive note, and no credits will be taken from User’s balance.
- memoQ expressly excludes and shall not assume any liability for any data loss or any direct or consequential damages in the following events, to the maximum extent permitted by law:
a) A successful attack against the computer system operating Langzy, despite all reasonable effort and readiness of memoQ personnel and equipment;
b) Langzy experiences malfunctions that prevent the User from accessing their Langzy account;
c) User is unable to access or work with their Langzy account due to a software or hardware malfunction of User’s computer or the loss or malfunction of User’s internet connection;
d) An unforeseen programming or configuration error in the Langzy service causes loss of data or functionality, due to the work-in-progress nature of the service.
- Exception to the above rule: According to data protection regulations, User must at all times be able to access and request to delete data entered under their Langzy account. If User’s Langzy account is not available due to an attack or malfunction, User may send an e-mailed request that memoQ send a backup of data, or else erase all data from User’s Langzy account. To such an e-mailed request, memoQ shall respond within 72 hours, either with a fulfilment of the request, or with information about the time the data are expected to be restored or erased.
VIII. Langzy customer support
- The customer support for the Langzy service is available through the firstname.lastname@example.org e-mail address only.
- To provide customer support for Langzy, memoQ uses Intercom, a third-party ticketing and customer engagement system.
- User may contact Langzy support if one of the following happens:
a) User’s payment method is charged but credits are not added to User’s balance. Langzy support will manually adjust User’s balance after checking the transaction.
b) No translation is received but credits are taken from User’s balance. Support will cause the translation to be delivered, or else restore User’s balance, after checking the transaction.
c) The Langzy service is not available or there is a malfunction. Support will take action to restore normal operation with the shortest possible delay. Note that translation quality issues do not count as malfunction or lack of availability.
- User may send other types of feedback, questions, or comments to Langzy support, but memoQ is not required to answer those.
- memoQ will respond to support queries listed in Section VIII/3 within 3 working days.
IX. Data protection, data processing, and privacy
- User may upload and enter their data (“Data”) to Langzy while using the service. memoQ represents and warrants that it will not disclose the Data to third parties, except for uploaded documents that must be transferred to the machine translation provider of User’s choice. memoQ shall make all reasonable effort to secure and protect the Data, and mitigate the consequences of data loss or a breach. memoQ represents and warrants that it operates a data protection and security framework audited and certified under the ISO 27001 standard.
- memoQ represents and warrants that it stores User’s Data on computers under the control of memoQ, located in the territory of the European Union. memoQ represents and warrants that it will not transfer the Data to servers located outside the territory of the European Union, without User’s express request or consent. However, uploaded documents that must be transferred to the machine translation provider of User’s choice, if the machine translation provider is located outside the EU, will be transferred outside the territory of the EU.
- memoQ may store the following categories of Data about, connected to, entered, or uploaded by User:
a) Personal Data: At the time of registration, memoQ will collect User’s first name, last name, and e-mail address, as well as User’s billing details. These data are required for memoQ to provide the Langzy service. User acknowledges and accepts that memoQ may store and process these data in order to provide Langzy.
b) Account Data: Details about jobs created by User. A job specifies the name of a document, a language pair, and the name and/or address of a machine translation provider that User chooses. Implicitly, each job has statistics: the number, size, and format of documents. In addition, User’s account also has statistics: the number and size of projects, and the frequency and duration of User’s activity. memoQ may keep an audit log of User’s activity. memoQ acknowledges that the Account Data may be suitable to identify User and to profile Users for further purposes.
c) Document Data: Contents of the documents. memoQ represents and warrants that it will not analyze or process the text inside documents uploaded by User, other than in ways necessary to provide the functionality of Langzy itself. However, each document will be transferred to and processed by the machine translation provider of User’s choice. See Section IX/2 for more information specific to each machine translation provider.
- Data protection information about each machine translation provider: Langzy sends each document to the machine translation provider of User’s choice. Each machine translation provider will process the documents according to their data protection terms.
a) Google: Google does not store or reuse documents sent for translation. Applicable (indicative) usage terms are available at https://cloud.google.com/translate/data-usage
b) Microsoft: Microsoft applies the no-trace policy to machine translation, that is, it will not store or reuse documents sent for translation. Applicable (indicative) usage terms are available at https://www.microsoft.com/en-us/translator/business/notrace/
c) DeepL: DeepL does not store or reuse documents sent for translation. Applicable (indicative) usage terms are available at https://www.deepl.com/en/pro-license.html#pro
d) SYSTRAN: SYSTRAN declared that they will not store or reuse documents sent for translation.
e) NiuTrans: NiuTrans is based in the People’s Republic in China. Although NiuTrans does not reuse or persistently store documents sent for translation, local law requires that all documents sent there be kept for 60 days after processing, for law enforcement purposes. After the 60 days elapse, the documents are deleted without further notice.
- memoQ represents and warrants that User will not enter into any kind of contract with any of the machine translation providers. Concerning the Langzy service, User contracts with memoQ only. No User data are sent to machine translation providers. When sending documents for translation, memoQ acts on behalf of User. In this relationship, the machine translation providers are not considered data controllers or data subprocessors. memoQ assumes that the documents sent on to machine translation providers do not contain personally identifiable data.
- User may delete Document Data (that is, documents) from the Langzy service at any time, without deleting the Langzy account. However, when a document is deleted, the translation history is preserved – the fact that the document was translated will still be logged, but the document contents will not be available.
- User acknowledges and accepts that memoQ has no control over the text content User uploads as Document Data, although Langzy must technically process the documents to be able to pass on the document for translation. User agrees to uphold Section V/5 herein, which prohibits the uploading of documents that contain personally identifiable or sensitive information.
- Through the Langzy account, User may at all times access all personal and other data they supplied. Deletion of User’s Personal Data will result in the deletion of User’s Langzy account, along with all other accumulated or uploaded Data. Deleting User’s Personal Data will also result in the loss of User’s access to the Langzy service.
- Processing Account Data: memoQ may further process User’s Account Data as well as all related statistics and audit logs, in order to improve Langzy and acquire business intelligence. memoQ will not use the accumulated Data for any other purposes. memoQ at all times performs such data processing in the form of aggregating Account Data from several Users. memoQ represents and warrants that the aggregated Data will not be suitable to identify individual Users. memoQ shall not use the aggregated Data for automated decision-making.
- In the event that the data processing or data protection activity of memoQ violates Regulation 2016/679/EC (GDPR) of the European Commission, User may send complaints to the following supervisory authority: Hungarian National Authority for Data Protection and Freedom of Information (NAIH), https://www.naih.hu/general-information.html.
X. Contacting User, collecting feedback, and sending syndicated content
- memoQ may use User’s e-mail address to contact User for the following purposes:
a) Sending technical or legal information and updates about Langzy
b) Requesting feedback (“Feedback”) about User’s experience about Langzy
c) Information and advertisement about the products and services of memoQ other than Langzy.
- memoQ represents and warrants that it will not disclose User’s e-mail address to unauthorized third parties, and it will not send User advertisements or other promotional materials from third parties.
- memoQ may request Feedback about User’s experience in the form of an e-mail (free-text input) or in the form of an online survey. memoQ represents and warrants that, through online surveys, it will not collect information suitable for personal identification. For online surveys, memoQ may use an external data collection service. However, all data processing and accumulation will be performed within the infrastructure of memoQ.
- memoQ may further process User’s Feedback (together with User’s Account Data as well as all related statistics and audit logs), in order to improve Langzy and acquire market insights. memoQ shall not use the accumulated Data for any other purposes. memoQ shall perform such data processing always in the form of aggregating Account Data and Feedback from several Users. memoQ represents and warrants that the aggregated Data will not be suitable to identify individual Users. memoQ shall not use the aggregated Data for automated decision-making.
XI. Non-disclosure, confidentiality, and indemnification
- User acknowledges that Document Data may contain information subject to non-disclosure or confidentiality agreements, national security regulations, or personal data protection regulations such as Regulation 2016/679/EC (GDPR) of the European Commission. User agrees to uphold Section V/5 herein, and refrains from uploading documents that contain personally identifiable information.
- User – as the data controller and processor regarding Document Data – represents and warrants that, whenever necessary, they will obtain the express written permission of the affected data owners before uploading documents, and they will comply with all applicable agreements and regulations they are party to. In the event of a legal procedure, memoQ shall have the right to request a copy of said permission.
- User shall fully indemnify and keep memoQ harmless from all legal claims, civil and criminal procedures, and all direct or consequential damages resulting from violations of contracts and regulations regarding Document Data, to the maximum extent permitted by law. An exception to this rule is the event that Document Data are accessed by unauthorized third parties due to provable intentional or serious fault, misconduct, or negligence on memoQ’s part.
XII. Intellectual property
- The program code, text, and visual elements behind the Langzy service are protected by copyright and other intellectual property laws. Any code, text, or visual element, in their entirety or in part, may only be copied, extracted, reused, reproduced, republished, or integrated into other systems with the express prior written consent of memoQ and/or its licensors.
- The code behind the Langzy service may contain third-party software from several sources. memoQ represents and warrants that it has obtained all necessary rights and licenses to incorporate, use, package, and redistribute each third-party software component. The ownership and the right of authorship of the intellectual property remains at the respective owners or authors of each third-party component.
- memoQ acknowledges that the documents uploaded by User in translation jobs are likewise protected by copyright and other intellectual property laws. memoQ may not copy, extract, reuse, reproduce, or republish the contents of documents, either in part or as a whole, without express prior written consent from User and the owner of the source document. However, memoQ, through Langzy, may process the contents of the document in order to be able to provide the service.
XIII. Other Contracts and Legal Procedures
- Parties acknowledge that there may exist other contracts between them, regarding other products and services supplied by memoQ. Parties agree that, regarding Langzy, only the present Terms of Service shall be effective.
- These Terms of Service are governed by Hungarian law. Issues not covered herein shall be governed by the Hungarian Civil Code. The governing language of the terms herein is English.
- Before starting a legal procedure, Parties shall make every effort to settle all disputes amicably. If the litigation process requires a legal procedure, the competent Hungarian civil courts shall have jurisdiction.