Terms of Service
Last updated: February 5th, 2021
Thank you for using iTranslate. iTranslate is a service of iTranslate GmbH, based in Gadollaplatz 1, Graz, Austria. The terms "us", "we," or " iTranslate" (as the case may be) refer to iTranslate GmbH.
By using iTranslate, you agree to be bound by these Terms. If you don't agree to these Terms, do not use iTranslate. If you are using iTranslate on behalf of an organization (such as your employer), you are agreeing to these Terms for that organization, and are indicating that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.
We may revise the Terms from time to time. Changes may be posted within our Apps, so please check that regularly. The most current version will always be posted on our Terms page. By continuing to use iTranslate after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using iTranslate.
Auto Renewing Subscriptions
Certain iTranslate Apps on the Apple App Store, Google Play Store and Huawei App Gallery will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly or yearly) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple, Google or Huawei). You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes, Android or Huawei account. The cancellation will take effect after the last day in the relevant subscription period. You can find further information on cancelling orders and any associated refunds on the website of the third party re-seller from whom you purchased the app (for example, the Apple App Store, the Google Play Store or the Huawei App Gallery).
Certain of our subscription services on the Apple App Store, Google Play Store or the Huawei App Gallery may from time to time be offered for a fixed period of time on a free-trial basis. You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes, Android or Huawei account.
For auto renewing subscriptions completed via the website you have the option to pay using your credit card. Payment will be charged to the credit card you provide at the time of purchase, which will be processed via a third party service provider. Your credit card will be charged for the renewal of your subscription within 24-hours before the end of the current period unless auto-renew is turned off at least 24-hours before the end of the current period. You can manage your subscription by going to your iTranslate Account Settings on the website after purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. You can cancel a free trial or subscription anytime through your iTranslate account settings on the website. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect immediately and you will be downgraded to the free service.
Your Information and Responsibilities
- To use iTranslate, you may be asked to create an account either via iTranslate or through your account with a third-party service such as sign in with Apple. In the latter case, your iTranslate account will be created using the information you provided to that service, such as your name and email address and other personal information that your privacy settings on that service permit us to access.
- You may use iTranslate only if you are 13 years or older and are not barred from using iTranslate under applicable law.
- You are responsible for safeguarding the password that you use to access iTranslate. You are responsible for any activity on your account, whether or not you authorized that activity. You should immediately notify iTranslate of any unauthorized use of your account.
- By using iTranslate, you provide us with text, graphics, images and other information ("your content"). You retain full ownership to your content. iTranslate does not claim any ownership rights to your content. However, you are also solely responsible for your content. You indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Your User Reviews
If you choose to provide app store reviews or reviews via any social medial channel, or other similar communication or messaging features or services (“User Review”), such information may be made publicly available, including commercially or for any other purpose whatsoever without compensation to you, including the public-facing username as it appears with the review. You shall be solely liable for any User Review you submit or transmit. You hereby grant iTranslate and its affiliates a worldwide, perpetual, irrevocable, non- exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your User Review. In addition, you waive any so-called "moral rights" or "performance rights" in your User Review. If you prefer that we do not use your User Review, you will be able to elect for us not to do so by submitting your request here (please include your name, mailing address, and email address). For security purposes, please do not include any password, social security number, payment card or other sensitive information via these features. We have the right, but not the obligation to monitor messages and communications between and among users for security and training purposes. We may, but are not obligated to, remove any content we deem inappropriate.
iTranslate Intellectual Property Rights
iTranslate and its licensors exclusively own iTranslate, including all associated intellectual property rights. You acknowledge that iTranslate is protected by copyright, trademark, and other laws of Austria, the United States and other foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying iTranslate.
iTranslate grants you a limited, non-exclusive, non-transferable license to view, copy, and display iTranslate solely in connection with your permitted use of iTranslate.
You agree to use iTranslate only for the purposes that are lawful and to comply with applicable laws when using iTranslate. You shall not use iTranslate for any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable purpose of any kind, including but not limited to any purpose that encourages conduct that would constitute a criminal offence or gives rise to civil liability.
You agree not to do-or attempt to do-any of the following:
- Probe, scan, or test the vulnerability of any iTranslate system or network or breach any security or authentication measures;
- Access, tamper with, or use non-public areas of iTranslate, iTranslate's computer systems, or the technical delivery systems of iTranslate's providers;
- Decipher, decompile, disassemble or reverse engineer any of the software used to provide iTranslate;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing iTranslate;
- Access or search iTranslate or download any intellectual property from iTranslate through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than our publicly supported interfaces;
- Plant malware or use iTranslate to distribute malware;
- Send any unsolicited communications, promotions, advertisements or spam;
- Send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- Post or transmit anything that is fraudulent or misleading, or that infringes on others' rights;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate the privacy of others;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the above.
Although we're not obligated to monitor access to or use of iTranslate or your content or to review or edit any of your content or the intellectual property of other iTranslate users, we have the right to do so for the purpose of operating iTranslate, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of your content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of your content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects iTranslate. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We respect copyright law and expect you to do the same. It's our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that an iTranslate product infringes your copyright, please contact iTranslate’s copyright agent at firstname.lastname@example.org
We may suspend iTranslate or terminate your access to and use of iTranslate, at our sole discretion, at any time and without notice to you. For example, we may suspend or terminate your use if you are not complying with these Terms, or use iTranslate in any way that would cause us legal liability or disrupt others' use of iTranslate. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. You may cancel your account at any time by sending an email to email@example.com.
ITRANSLATE OR OUR LICENSORS' INTELLECTUAL PROPERTY ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT ITRANSLATE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF OUR INTELLECTUAL PROPERTY.
You will indemnify and hold harmless iTranslate and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of iTranslate or our licensors' intellectual property; (ii) your content; or (iii) your violation of these Terms.
Limitation of Liability
NEITHER ITRANSLATE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING ITRANSLATE, INCLUDING OUR LICENSORS, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE ITRANSLATE OR OUR LICENSORS' INTELLECTUAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ITRANSLATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL ITRANSLATE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE ITRANSLATE OR TO ACCESS YOUR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO ITRANSLATE FOR USE OF ITRANSLATE OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ITRANSLATE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ITRANSLATE AND YOU.
These Terms and any action related thereto will be governed by the laws of the Austria without regard to its conflict of laws provisions.
You agree to use your best efforts to settle any dispute, claim, question or disagreement directly through consultation with iTranslate’s customer support by contacting the applicable customer support email provided in these Terms before initiating any lawsuit or arbitration. All disputes or claims arising out of or in connection with these Terms, including disputes relating to its validity, breach, termination or nullity, shall be finally settled under the Rules of Arbitration (Vienna Rules) of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber by one arbitration appointed in accordance with the said Rules. The place of arbitration shall be Vienna. The language to be used in the arbitral proceedings shall be English. The substantive law applicable to the contractual relationship and the substantive law applicable to the arbitration agreement shall be Austrian law.
If you reside in the European Union, you may use Online Dispute Resolution (“ODR”). ODR offers an out-of-court solution to disputes connected to online transactions: http://ec.europa.eu/consumers/odr/
By using iTranslate in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to participate in a class action or other class proceedings.
These Terms constitute the entire and exclusive understanding and agreement between iTranslate and you regarding iTranslate, and these Terms supersede and replace any and all prior oral or written understandings or agreements between iTranslate and you regarding iTranslate, except that if you become a party to iTranslate's Business Agreement, either before or after reviewing these Terms, the terms and conditions of the Business Agreement will govern over any conflicting provisions herein. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without iTranslate's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. iTranslate may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by iTranslate under these Terms, including those regarding modifications to these Terms, will be given: (i) by iTranslate via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
iTranslate's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of iTranslate. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
You may contact us with questions, comments, or concerns about our services and these Terms of Service by submitting your requests or inquiries as detailed below:
Our iTranslate support team can be contacted firstname.lastname@example.org
Grammatica users can contact our support team email@example.com
- iTranslate GmbH
- Gadollaplatz 1
- 8010 Graz
- ©2021 iTranslate GmbH. ® All rights reserved.