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Terms and Conditions

GEARTRANSLATIONS | TERMS AND CONDITIONS OF USE Effective As of 09/14/2017

  1. Preliminary considerations

These Terms of Use (the "Agreement") constitute a contract between you, either personally or on behalf of a legal entity (the "User" or "You") and GearTranslation S.L. (the "Company" or "We"), in connection with your access to and use of the www.geartranslations.com Website, as well as any other media or communication channel related thereto (the "Website"). The Website provides access to an on-line service, owned by the Company, called "GearTranslations®", which allows users to upload content and receive their translation into the language previously selected (the "Platform") with rapid delivery. This Agreement applies to the Website and the Platform. Other supplementary terms and conditions, or documents that may be posted on the Website in the future are expressly incorporated into the terms of this agreement.

  1. Definitions

2.1. User: is any person who enters the Website and/or completes the registration to use the Platform.

2.2. User Content: refers to all data and/or content that the User uploads to the Platform, including but not limited to: personal data and textual and audiovisual material entered for translation purposes.

2.3. Translated Material: all User Content that has gone through the Company's translation process.

2.4. Company Content: the entire content of the Website and the intrinsic content of the Platform. The Company's Content includes, without limitation, all source code, databases, Website functions, algorithms designed to enable the Platform, software, website designs, audio, video, text, sound, photographs and graphics, other than User Content.

2.5. Company Trademarks: refers to the trademarks, service trademarks and logos contained on the geartranslations.com website which are owned by or licensed to the Company, and are subject to copyright, trademark and other intellectual property rights applicable in Argentina and Spain, and foreign countries through local laws and international conventions. All company graphics, logos, designs, page headers and icons are registered trademarks, trademarks or trade dress of the Company, which make them identifiable in the marketplace.

  1. General Considerations

3.1. The Website is hosted in the United States of America.

3.2. Visitors who are under the age of 18, or who are under the age of 18 in the jurisdiction in which they reside are not permitted to register on the Website or use the Company's Platform.

3.3. You expressly accept the terms of this agreement, recognizing as valid the online acceptance from the moment you use the Platform. If you do not agree to this Agreement, or any future modifications that the Company may make, do not use and/or access the Platform or the Website.

3.4. If you use the Platform on behalf of a person of ideal standing, you represent and warrant that you are authorized by such entity to act on his or her behalf.

  1. Description of the Platform:

The company's platform allows human and professional translations of texts and audiovisual content to be carried out efficiently, quickly and professionally. It is based on a network of collaborators composed of professional linguists and translators, who individually and simultaneously process small volumes of content, all under the analysis of a project leader who oversees the assembly, editing and homogeneity control of the translation. This methodology, together with the technological platform that makes it possible, we have named it GTWay®, and allows us to carry out translations in a matter of hours, regardless of the length of the material to be translated.

  1. Provisions on the modalities of the Platform

5.1. The Platform is offered only in paid mode.

5.2. You can register on the Platform via a corporate account or use the Platform for individual projects. To use the Platform in individual projects you can either register by creating your User account or log in to the Platform with your email address, after generating a password. If you decide to send content via email through one account manager, such content shall also be uploaded to the Platform.

5.3. The cost of the service depends on the type of translation, the original and final language, the layout tasks (if necessary) and the number of words to be translated. You can consult the types of translation, available languages and prices per word in the corresponding section of the Website.

5.4. Corporate accounts are billed monthly. Individual projects are invoiced on a per-project basis, and each project must be paid for prior to delivery of the translated material, using one of the accepted payment methods. Corporate accounts and individual projects are discounted based on the number of words to be translated. The larger the number of words to be translated in a project, or within a month in the case of corporate accounts, a discount will be applied to the cost of translation per word. In the corresponding quotation section of the website you can calculate your quotation based on the number of words to be translated. The Company reserves the right to modify or eliminate the applicable discount rate at any time. In the case of corporate accounts, the change in the discount rate shall be effective as of 0.00 a.m. on the first day of the month following the change. For individual projects, the change is effective from the next quotation you make as of the time the change is implemented.

  1. Provisions on the acquisition of the service

6.1. Currently the following means of payment are available: a. Mercadopago: For Users in Argentina. b. Paypal: For Users from the rest of the world. c. Bank Wire Transfer: For Users from Spain

6.2. In order to make payments to the Company through these services, you must register with them beforehand. Please review the Terms and Conditions of Use of Mercadopago and the PayPal User Agreement for any questions regarding the operation of these Terms and Conditions. Any dispute relating to the payment procedure will be resolved in accordance with the Terms and Conditions of Service used by the User to pay the Company.

  1. Licensing and restrictions on use

7.1. Subject to the terms and conditions of this Agreement, the Company grants the User during its term a limited, non-exclusive, non-sublicenseable, non-sublicenseable, non-transferable license to access and use the Platform to the extent permitted by this Agreement. All rights not expressly granted in this Agreement are reserved by the Company.

7.2. The User may not make any use of the Platform, in whole or in part, in any manner not expressly permitted by this Agreement.

7.3. The right and license granted for the use of the Platform is limited to the functionality of the same, remaining the property of the User the data and information you upload or provide.

7.4. Except as otherwise expressly provided in this Agreement, User may not: (a) download, use, copy, create derivative works from, or modify the Website and/or the Platform, or any part thereof, (b) transfer, sublicense, lease, loan, lease, rent or distribute the Platform to any other person or entity, or (c) use the Platform in any unlawful manner, for any purpose, or in any manner inconsistent or inconsistent with this Agreement.

7.5. The Company reserves the exclusive right, at its sole discretion, to: (a) determine the functions, services, products or other tools that will be available for User's use through the Website and the Platform, and (b) add, modify or remove any content, material and/or functionality that is available on the Platform at any time and for any reason. For example, the Company may change the settings and/or appearance of any part of the Platform or any element thereof, or remove any of the services or features of the Platform displayed on the Website, all without notice, and the Company may provide updates, new versions, features and enhancements to the Platform or any other element thereof.

  1. User Statements

8.1. As for the use of the Platform.

8.1.1. By using the Platform, you acknowledge and agree that: a. You are the owner of the User account or email address you use to access the Platform. c. You will keep your password confidential and agree to the responsible use of your password and account. d. You are not under the age of 18 or a minor in the jurisdiction where you reside. e. Your use of the Platform does not violate any applicable law or regulation in your jurisdiction; and f. The Company may send you information and/or news related to the Platform or other products owned by GearTranslation S.L. to your e-mail address. You may unsubscribe at any time by using the option that will be included in all e-mails sent to you by the Company.

8.2. As for the content you provide

8.2.1. You hereby declare that you are the creator, owner and/or have the licenses, rights, consents, permissions to disclose and/or permissions to use the User Content you enter on the Platform; and that the User Content does not infringe any third party rights.

8.2.2. Your User Content does not violate or link to material that violates any provision of this Agreement or any applicable law or regulation.

8.3. Regarding access to the Platform

8.3.1. You hereby declare that you are solely responsible for purchasing or obtaining the appropriate computer equipment and software to use the Platform, as well as for any damage or loss you suffer as a result of operating such computer equipment and software, including incompatibilities between the Platform and any operating system.

  1. Prohibitions

9.1. You may not access or use the Platform for any purpose other than that for which the Company makes it available. Prohibited activity includes, but is not limited to: a. Criminal or unlawful activity, including child pornography, fraud, trafficking in obscene material, drug trafficking, gambling, harassment, stalking, spamming, copyright infringement, patent and trademark infringement, or theft of trade secrets; or posting material related to these topics for translation purposes; b. Systematic collection of data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of the Company; d. Disguise the origin of any information or query transmitted through the Website or the use of tools to make your Internet Protocol address, or "IP address" (e.g., an anonymous proxy) anonymous to access the Website and/or the Platform; e. Participation in illegal multi-level marketing (such as a pyramid scheme); i. Interference, interrupt or create an excessive load on the Website or Platform; either from a single computer, or through the use of terminals controlled by the party creating the load (e.g. a denial of service attack); j. Attempt to impersonate another User or person, or use another User's User name; l. Use the Platform as part of any effort to compete with the Company; m. Decrypt, decompile, disassemble or reverse engineer any software or code that constitutes or is in any way a part of the Platform; or permit or authorize any other person or entity to do so, except to the extent such activities are expressly authorized by law notwithstanding the prohibition contained herein; n. Attempt to circumvent any measure designed to prevent or restrict access to the Platform or any part of it; o. Harass, annoy, intimidate or threaten Company employees or representatives who participate in the provision of any part of the Platform's services; q. Engage in deception or any other activity that the Company deems to be in conflict with the spirit or intent of the Website or the services offered on the Platform; r. tarnish, disparage, detract from or otherwise damage, in the opinion of the Company, the Company and/or the Platform; and s. Use the Platform in a manner incompatible and inconsistent with any and all applicable laws, regulations and decrees.

  1. Intellectual property rights

10.1. The copyright and, in general, all intellectual property rights in the Translated Material shall be automatically transferred to you upon proof of payment for the translation of the Translated Material, without any other necessary formalities.

10.2. For the exclusive purpose of properly providing our service and providing for the proper functioning of the platform, You grant the Company a temporary, territorially limited, unlimited, free, irrevocable, sublicensable and transferable license to use, store, modify, reproduce, distribute, display, transmit, translate, adapt, create derivative works from, and otherwise exploit the User Content and Translated Materials using any medium and any technology. The license will be valid for two years from the moment it is granted.

10.3. Company Trademarks and trade names may not be used, even as part of other trademarks and/or as part of domain names, in connection with any product or service in a manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company.

10.4. The Company's Content is the exclusive property of or licensed to the Company, and is provided solely for information and personal use, and may not be used, copied, reproduced, added to, transmitted, disseminated, displayed, sold, licensed, or exploited for any purpose without the prior written consent of the respective owners.

10.5. The Company reserves all rights not expressly granted in these Terms and Conditions. If you download or print a copy of the Company's Content for personal use, you must retain all copyright and other proprietary notices contained therein.

10.6. You agree not to circumvent, disable or interfere with any security features of the Website and/or the Platform, or features that prevent or limit the use or copying of any Company Content.

  1. Third Party Websites

11.1. When you leave our Website and access Third Party Sites you do so at your own risk and you should be aware that our Terms and Conditions of Use no longer apply to those sites. You should review the applicable Terms and Conditions of Use, including the privacy and data collection practices, of any Website accessed through our Website.

  1. Platform Management Rules

12.1 The Company reserves the right, but has no obligation, to: a. Randomly monitor the Platform for violations of this Agreement; b. Take appropriate legal action against anyone who, in the Company's sole discretion, violates this Agreement, including, without limitation, reporting Users to law enforcement and/or judicial authorities; c. At the discretion of the Company, and without limitation, deny, restrict access or availability, or disable (to the extent technically possible) any access by Users who violate or may violate this Agreement or any Company policy; d. In order to protect the integrity of the Website and the Platform, the Company reserves the right at any time and in its sole discretion to block certain IP addresses from being accessed from the Website and the Platform; and g. To manage the Platform, always with the purpose of protecting the rights and assets of the Company, and to facilitate the proper functioning of the Platform. 13. Privacy Statement

13.1. We care about the privacy of our Users. Please review our Privacy Policy. The aim of our privacy policy is to protect the maximum confidentiality of the personal data that may be obtained, for which Gear Translation SL and its website geartranslations.com comply with the provisions of Law 15/1999 of 13 December on the Protection of personal data. Gear Translation's privacy policy allows any visitor to access and browse our web pages without revealing their personal information. Our web pages do not allow our visitors to communicate with other visitors or enter information for others to access. We collect personal data that you may voluntarily give us when you use our services. We do not collect information about our visitors from other sources, such as public agencies or registries or private entities. We only collect your name, telephone number and email address if you voluntarily provide them for the purpose of contacting you or the data necessary to make a purchase when you make it. We do not collect or use personal data for any purpose other than that stated. If we wish to use your personal data for new purposes, we will provide you with the means to give us your consent for these new purposes. We do not automatically record personal data or automatically link information collected by other means to personal data about specific individuals. We do not knowingly collect personal data from children. We have implemented policies, standards and technical measures to protect the personal data we control from unauthorized access, misuse or disclosure, unauthorized modification, unlawful destruction or accidental loss. All our employees and data processing units, who have access to or are involved in the processing of personal data, are obliged to respect the confidentiality of our visitors' personal data. We guarantee that your personal data will not be disclosed to state agencies or authorities except as required by law or other regulations. You may ask us whether we store personal data about you. We will provide you with an intelligible copy of the personal data we hold about you upon request. We will provide this information free of charge. We do not reserve the right to provide you with a copy of your personal data. Our privacy policy is in accordance with the regulations of the Spanish Data Protection Agency and with Organic Law 15/1999 of 13 December on the Protection of Personal Data. We voluntarily follow procedures for self-assessment of our privacy policy.

  1. Confidentiality

14.1 Without prejudice to the licenses granted in clause 10.2, the Company acknowledges all User Content as confidential information and undertakes not to disclose it to third parties outside its internal structure and translator network, except where such disclosure is made for the purpose of the proper functioning of the Platform and the progress and completion of projects required by the User. To this end, the Company enters into confidentiality agreements with each translator on its network, which prevent them from disclosing the User Content they receive from the Company.

14.2. Without prejudice to the foregoing clause, confidential information shall not be deemed to be that which: (i) is or becomes public and available in a form that does not constitute a breach by the Company of any obligation to the User; (ii) or has been known to the Company prior to the User's disclosure of such information to the User; (iii) or is known to the Company through a source other than the User and not through a breach of an obligation of confidentiality owed to the User; (iv) that has been independently developed by the Company; or (v) is required by a court of law of any competent court in the country or abroad to provide information contained in or relating to the User's account if so required in a judicial proceeding. 14. Duration and termination of the agreement

14.1. This Agreement shall remain in full force and effect for as long as You use the Platform.

14.2. Without prejudice to any other provision of this Agreement, the Company reserves the right, at its sole discretion and without notice or obligation, to deny access to and use of the Platform to any person for any reason whatsoever, including any breach of any representation, warranty or provision contained in this Agreement or any generic breach of any applicable law or regulation, the Company may terminate your use or participation in the Platform, and may also block your User account, without prior notice.

14.3. Any provision of this Agreement which, in order to fulfill its purpose, is to govern beyond the termination or expiration of this Agreement shall be deemed to be in force for such period of time as may be necessary to accomplish such purposes.

  1. Changes to this Agreement

15.1. The Company may modify this Agreement from time to time. Any changes to this Agreement will be posted on the Website and revisions will be posted by date.

15.2. You agree to be bound by any changes to this Agreement by your continued use of the Platform after such modification becomes effective.

15.3. You agree and undertake to check the Website periodically for updates to this Agreement.

15.4. Amendments to this Agreement shall be effective upon posting.

  1. Modifications to the Platform

16.1. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that the Company shall not be liable to You or any third party for any modification, suspension or discontinuance of the Platform service.

  1. Litigation and claims

17.1. Between Users

17.1.1. If there is a dispute (judicial or otherwise) between the Users of our Website or the Platform, or between the Users and a third party, you understand and agree that the Company has no obligation to participate. In the event that You have a dispute with one or more Users or third parties, You expressly release the Company, its directors, officers, employees, representatives and successors from any claim, demand or lawsuit arising out of or in any way related to such disputes and/or the Platform.

17.2. With the Company

17.2.1. Applicable Law and Jurisdiction.

17.2.1.1. The Company is a Limited Company legally incorporated and in force in Santa Cruz de Tenerife, Spain. In case of conflict, Spanish law shall apply, and both the Company and the User declare that for all purposes of this agreement they submit to the territorial jurisdiction of the Courts of Santa Cruz de Tenerife, waiving any other jurisdiction or courts.

  1. Warranty and liability

18.1. On the operation of the platform

18.1.1. You agree that your use of the Website and the Platform is at your own risk.

18.1.2. To the fullest extent permitted by law, the Company, its representatives, officers, directors, employees and agents disclaim all warranties, express or implied, with regard to the Website, the Platform and your use of them.

18.1.3. The Company does not warrant that the Platform will operate error-free, that the Platform will continue to be available, or that all errors or problems will be corrected.

18.1.4. The Company makes no warranties, guarantees, representations, or liabilities for: (a) any unauthorized access or use that compromises the servers where the Platform is hosted, (b) any interruption or cessation of transmission to or from the Website or the Platform, and/or (c) any errors, viruses, Trojan horses, or the like that may be transmitted to or through the Website or the Platform by any third party. (d) any fortuitous event or force majeure, unforeseeable for the Company, or beyond its capacity to know or control, that prevents the progress or completion of a project. (e) breach of confidentiality agreements between members of the Company's network of translators and the Company, that compromise and disclose User Content to third parties. 18.2. About the Deadlines

18.2.1. Delivery times are estimated, and depend on work congestion at the time of requesting a translation. The minimum delivery time is five hours from proof of payment in the case of individual projects, or from the date of dispatch of the material to be translated in the case of corporate accounts (the "Start of Deadline"). If the budgeted delivery time (the "First Term") cannot be met by the Company, you will be notified of this situation to your e-mail account (the "Change of Term"), together with the earliest date and time when the translation can be delivered (the "Second Term"). If the Company is unable to comply with the Second Term, the User will be refunded the total amount originally paid in the case of individual projects, or the project will not be included in the monthly calculation in the case of corporate accounts. The execution and translation of a project starts instantly from the beginning of the deadline, after which the User will not be able to cancel the project. However, you can contact soporte@geartranslations.com, indicating the Project ID, where we will analyze each situation in particular.

18.2.2. Under the terms of this agreement, the delivery of a Translated Material by the Company shall be deemed to have taken place as soon as the Material is delivered by the Company, either via physical mail for physical material or via electronic mail for electronic material, or by making it available to the User on the Platform. From the moment of dispatch to the mail provider or of making the Translated Material available on the Platform, the risk on the Translated Material is transferred to you.

18.3. About the prices

18.3.1. The prices are approximate and depend on the nature of the material to be translated. If the Company needs to modify the price of a translation order placed by the User, it will notify the User by e-mail of the new price (the "Price Change"), in which case the User has the right to cancel the order and obtain a full refund of the amount originally paid. 18.4. About refunds

18.4.1. The Company's term to effect the refund of payments is 10 working days, from 0 am on the day following the cause of the refund to 11:59 pm on the tenth day. After the expiration of the term without the refund being made, the User may constitute the Company in default. The reasons for refunds are (i) cancellation for price change, clause 18.3.1; and (ii) failure by the Company to comply with the Second Period, clause 18.2.1 last paragraph. No circumstances other than those provided for in this clause shall give rise to any returns or refunds by the Company.

18.5. About the translated work

18.5.1. The Company selects its translators and linguists on the basis of a degree of knowledge and professionalism in accordance with the European Standard EN15038. The Company operates according to EN15038 standards in the translation process, including project management, translation preparation, and translation. The company does not guarantee that the translated documents meet the expectations and requirements of the User, nor does it guarantee that the translated documents are adequate or pertinent to the purposes or scope in which the User presents or uses them in terms of their accuracy, precision or fidelity. For the purposes of this clause, You and the Company declare that the quality of the translation shall be considered an obligation of means.

18.5.2. The Company, in its sole discretion, has the right but not the obligation to (i) make any modifications to the translated documents for which the User has notified any type of defect and/or (ii) make any discount with respect to future translations.

  1. Damage

19.1. In no event shall the Company or its directors, representatives, employees, agents or successors be liable to you or any third party for: (a) personal injury, direct or indirect damages, in particular for loss of profits, loss of contract and damage to business image, arising out of your use of the Website, the Platform or materials translated by the Company. (b) loss of data and business losses (c) costs of obtaining or replacing goods, services, technology or rights. (d) any matter of force majeure, including all cases described in clause 18.1.4. (e) damages for breach of confidentiality agreements between members of the Company's network of translators and the Company that compromise and/or disclose User Content to third parties.

  1. Indemnity

20.1. You agree and undertake to indemnify and hold the Company, its representatives, employees, directors and agents, harmless from any claim, liability, loss or demand, including attorneys' fees and expenses, made by any third party that is infringed on your rights as a result of or as a result of your implementation or use of the Platform and/or the materials you access on the Platform and/or arising from any breach of this Agreement and/or any breach of the representations and warranties set forth above. Notwithstanding the foregoing, the Company reserves the right, at Your expense, to assume the defense and control of any matter for which you are obligated to maintain the indemnity of the Company, and you agree to cooperate, at your expense, with the defense of such claims against the Company.

20.2. The Company will use reasonable efforts to notify you of any claim or demand that is the subject of this indemnity undertaking as soon as it becomes aware of it.

  1. Notifications

21.1. Unless expressly stated otherwise, any notice to the Company will be by email to the email address listed on our Website and in this Agreement.

21.2. All communications addressed to you will be sent to the email address you entered when you registered on the Platform.

21.3. For purposes of this Agreement, notices given by the Company by e-mail shall be deemed to be received and read 24 hours after such e-mail is sent, unless the sending party is notified that the e-mail address is invalid.

  1. Miscellaneous

22.1. This Agreement constitutes the entire agreement between You and Company with respect to the use of the Platform. 22.2. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. 22.3. The section titles in this Agreement are for convenience only and have no legal or contractual effect. 22.4. This Agreement applies to the fullest extent permitted by law. 22.5. If any provision or part of any provision of this Agreement is unlawful, void or unenforceable, that provision or part of that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. 22.6. You agree that this Agreement shall not be construed against the Company by reason of its wording. 22.7. You waive any and all defenses and exceptions that may exist to the electronic nature of this Agreement and the failure of the contracting parties to sign it. 23. Legal and contact information 23.1. If you have any questions about these Terms of Use, please contact support@geartranslations.com