- “Company Application(s)” shall mean and include the software application(s) designed by the Company (including the algorithms, codes, designs, workflow) involving various interfaces to enable the Users to use our Services (including through cloud-based access, direct delivery, software-as-a-service basis, platform-as-a-service basis, etc.). It shall also include all materials related to above mentioned software application(s), and all customisations, modifications, releases and updates thereto.
- “Company Content” shall mean and include material/ content in the form of text, images, video, graphics, audio-visual works, and any other work or material available through, contained in, displayed at, communicated through, reproduced at or by the Platform and the Company Application, that is owned or licensed to the Company. It also includes the design, structure, selection, coordination, expression, look, feel and arrangement of the Platform and the Company Application.
- “Force Majeure Event” shall mean any event that is beyond the Company’s reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, pandemic, epidemic, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond our reasonable commercial control), power or electricity failure or unavailability of adequate power or electricity.
- “User” or “you” or “your” shall refer to a natural person(s) (who are over 18 years) or legal persons who access and/ or use our Platform and/ or our Services.
- “User Content” shall mean all materials, information, photography, writings, audios, videos and other content provided by the User to the Company (including those provided for use in the preparation of and/ or incorporation in our work product, and/ or provision of our Services).
- What We do:
- Currently, we are a content localization platform, and we seek to democratize content creation and consumption across markets, without the barrier of language. Pursuant to the foregoing objective, we enable businesses to automatically transform their multimodal content into multiple languages at a fraction of the cost and time / at the click of a button.
- On the basis of the requirement of the Users, we either facilitate the Users to localize/ dub their content themselves; or we do it for our Users, via generative AI models. We offer localization services across several global languages and a diverse range of voices that cover both the male and female gender.
- The content localization services, and other ancillary and incidental services that we may provide to you, shall hereinafter be referred to as the “Services.” These Services will be delivered or deliverable by us to you, via the Company Applications (or via other delivery medium or devices now known or developed at a later date). The Services available to you may vary depending on the nature of your arrangement with us. Further, we may, at our sole discretion, add, modify, or remove any of the Services listed above, and/ or on our Platform/ Company Application(s), from time to time, without special notice to the Users.
- We will also enable you to create your personal profile and account with us (“Company Account”), so you can avail the Services via the Company Account. The other features of the Platform are provided here and here.
- Further, from time to time, the Company may provide upgrades, patches, enhancements, or fixes for the Platform/ Company Application/ Services without additional charge (collectively, “Updates”), and such Updates will become part of the Services. Notwithstanding the foregoing, the Company shall have no obligation to provide any such Updates. Users understand that the Company may cease supporting old versions or releases of the Platform/ Company Application/ Services at any time in its sole discretion.
- You represent and warrant that all the information you provide in connection with the Company Account is accurate, and it is your responsibility to ensure the accuracy of all such information, at all times. Company reserves the right to refuse registration of, or cancel passwords it deems inappropriate.
- Your Company Account with us is personal to you, and you may not share your account information with, or allow access to your Company Account by, any third party. You will be responsible for all activity that occurs under your Company Account credentials, and you agree to use reasonable efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your Company Account credentials. If you have any reason to believe that there is any breach of secrecy with regard to your Company Account or that your account has been accessed by a third party, you agree to immediately notify us.
- Users accept that they are responsible for verifying that the Services are suitable for their needs. Users further confirm that they own or are legally entitled to possess and use such User Content and hereby grant to us, a non-exclusive, royalty free license, and to allow us and our employees, contractors, and agents to, use, copy, modify, and create derivative work of the User Content solely for purposes of providing the Services.
Payment of Fees
Cancellation / Refund
- In the event the User desires to cancel any order for Services prior to completion, the Company may (in its sole discretion) agree to such cancellation. If the Company agrees to such cancellation, the User shall pay to the Company the fees for all work completed as reasonably determined by the Company, in addition to all expenses and costs incurred by the Company.
- Users shall be responsible for obtaining and maintaining any equipment needed to connect to, access or otherwise use the Services, including, without limitation, computer, laptop, netbook, tablet, other mobile device, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). The Users shall also be responsible to ensure that the Equipment meets all the necessary technical specifications and is compatible with our Platform and/ or Company Application to enable your access and use of the Platform and/ or our Services. The Users shall also be responsible for maintaining the security of the Equipment, Company Account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Company Account or the Equipment with or without the User’s knowledge or consent.
- You are solely responsible for any and all User Content displayed on, or uploaded/ transmitted via the Platform and/ or the Company Application(s), and the Company disclaims all liability and responsibility even if the Company enables you with the uploading of such User Content onto the Platform and/ or the Company Application(s).
- Users are not permitted to upload, transmit, distribute or otherwise publish through the Platform and/ or the Company Application(s), any content or comments which inter alia are, and/ or could be considered, to:
- be defamatory, obscene, pornographic, threatening, invasive of privacy, infringing / violative of intellectual property rights, proprietary rights, publicity rights or any other rights;
- be abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law;
- belong to another person and to which the User does not have any right;
- be grossly harmful, offensive, harassing, blasphemous, paedophilic, hateful, , disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- be discriminatory in any manner whatsoever, including in relation to race, ethnicity, sex/ gender/ sexual orientation, disability, color, religion/ sect/ caste, body type, social status, class, etc;
- harm minors in any way;
- deceive or mislead regarding the origin of such messages/ content/ comments;
- impersonate another person;
- contain software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer resource; and
- threaten the unity, integrity, defense, security or sovereignty of country in which they are residing or availing the Services from, friendly relations with foreign states, or public order or cause incitement to the commission of any cognisable offense or prevents investigation of any offense or is insulting any other nation.
Use of Platform / Company Application
- You agree not to access (or attempt to access) the Platform and/ or our Services by any means other than through the interface that is provided by us. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, device, software, internet site, web-based service, or other means to access, acquire, copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit any Company Content or anything subject to our rights or create any derivative work and/ or content based on any content or rights which is not owned by you or interfere with, or circumvent any right associated with the Company or monitor any portion of the Platform or Company Application(s), or in any way reproduce or circumvent the navigational structure or presentation of the Platform or and/ or the Company Application(s), obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform and/ or the Company Application(s).
- You understand and agree that in case the Platform and/ or the Company Application(s) allows you to download or stream any of the content not owned by you, you will not use, sell, transfer or transmit the content to any person or upload the content on any other website, webpage or software, which may violate/ cause damages or injuries to any of our rights/ rights of our affiliates/ our licensors and/ or other users including privacy rights, publicity rights, and rights in intellectual property. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Platform and/ or the Company Application(s) in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using the Platform.
- You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to use the Platform and/ or the Company Application(s) for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any other users of the Platform.
- You will not, nor allow third parties on your behalf to: (i) resell or charge others for use of or access to the Platform or any Company Content or our Services; (ii) duplicate, alter, modify, disassemble, decompile, copy, distribute, transfer, exchange or translate the Company Content or any part thereof, in any medium, or create derivative works of the Company Content, of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the Company Content; (iii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any Company Application or related software, documentation or data related to the Services; or (iv) modify, translate, or create derivative works based on the Services or any Company Application or related software (except to the extent expressly permitted by Company or authorized within the Services).
- We may provide you with access to third-party tools which we neither monitor nor over which we have any control or input. You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party tools. Any use by you of such third-party tools offered through the Platform and/ or the Company Application(s) is entirely at your own risk and discretion; and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Indemnification & Disclaimers
- We do not guarantee, represent or warrant in any manner that your use of our Platform and/ or Services will be uninterrupted, timely, secure or error-free, or that the results that may be obtained from the use of the Platform and/ or Services will be accurate or reliable or effective in nature. You understand and accept that the reliance on the Platform and/ or Services is solely at your own judgment and risk. You should take all responsibility for your own actions in utilizing the Platform and/ or Services, and we shall not be liable for any such action or consequence thereof.
- You acknowledge that the Platform and/ or Company Application(s) is made available on an “as-is” basis with no representations being made as to accuracy, impartiality or with no representation that the Platform and/ or our Services will be error free or uninterrupted in nature. Your access to and reliance/use of the Platform and/ or Services is at your own risk. The Company explicitly disclaims all warranties, express or implied, (whether direct or indirect, or pecuniary or otherwise) including, without limitation the implied warranties of merchantability, completeness and fitness for a particular purpose, for any errors or omissions therein, and for any results which may be/are obtained/ obtainable in relation to the use of the Platform and/ or our Services, including non-infringement with respect to any Company Content. The User agrees to such disclaimer of liability, and agrees that it is reasonable.
- You understand that when using the Platform and/ or our Services, you may be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety or intellectual property rights of, or relating to, such content on the Platform and/ or Company Application(s). The Company may, but is not obligated to, monitor or control the content. Any use or reliance on any content is at your own risk.
- Each User explicitly agrees that under no circumstances shall the Company and/ or its employees, directors, owners, associates, licensors and/or affiliates be liable for any claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising, including, without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if any/ all of them has/ have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Platform and/ or the Services, any third-party products and services viewable at/ through Platform and/ or Company Application(s), or any third party site including any linked site or referred site.
- The Company and its employees, directors, owners, associates, licensors and/or affiliates do not warrant that the Platform, Company Application(s), all third-party sites and/or the server(s) from which it/ they is/ are run is/ are free of viruses or other potentially harmful codes or that the operation of Platform or Company Application(s) or any third-party site will be uninterrupted or error-free or that defects will be corrected. Users assume total responsibility for establishing, inter alia, procedures for data back up and virus checking, and the Company shall not bear any responsibility for any interruption of Service or other problems or losses caused by or in relation to the running of the Platform and/ or Company Application(s). No advice, course of conduct or information, whether oral or written, obtained by you from the Company or any party or through the Platform and/ or Company Application(s) shall create any warranty or liability onto the Company.
- You agree that we shall not be under any liability, whatsoever to you in the event of non-availability of the Services/ Platform or any portion thereof occasioned by any Force Majeure Events, or any other cause whatsoever beyond the reasonable control of Company.
- Subject to the aforementioned clauses, the indemnification obligations of the Company, its subsidiaries, affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) for any claims by the User on account of any losses, liabilities, damages or expenses shall be limited to the service fee/ payment made by the User to the Company in the one (1) month preceding the event giving rise to any such liability, and in any event will need be claimed by the User during the term of the arrangement with the Company. In the event a User uses the Platform/ Services without being required or obligated to pay the Company any monetary consideration or fees for availing such Services, the collective liability of the Company, its subsidiaries, affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise), will not exceed INR 10,000 (Indian Rupees Ten Thousand).
Representation and Warranties
- You represent and warrant that:
- You are a person of legal age to form a binding contract, in accordance with the applicable laws of the territory/ country from where you are accessing/ using the Platform or our Services.
- You hereby irrevocably understand that we reserve the right at our sole and exclusive discretion to deny/ cease your access to the Platform or Services, temporarily or permanently without liability or notice if:
- You access or use of Platform/ Services in an unauthorized manner;
- You violate any applicable laws, or wilfully compromise any other user’s privacy, or have acted unethically;
- You have infringed, breached, violated, any third – party intellectual property rights of any third party and which involves the Platform, the Company Application and/ or the Services;
- We are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful or upon receiving request for termination by law enforcement or other government agencies);
- The provision of the Services to you by us is, in our opinion, no longer commercially viable or in any way detrimental to us or our business; or
- We have elected to discontinue, with or without reason, your access to the Platform, Services, or any part thereof.
- We may also terminate or suspend all or a portion of access to the Platform/ Services without reason, and it may include: (a) removal of access to use the Platform or for availing the Services; and (b) deletion of your records, files and materials (or any part thereof) that may be available with us.
- When you use the Platform or Services or send any User Content or communication to us, you agree and understand that you are communicating with us through electronic records, and you also consent to receiving communications via electronic records from us periodically and as and when required.
- We will communicate with you by email and/ or via the Platform and/ or Company Application(s), and/ or mobile number available with us. You are responsible for providing and maintaining current email, mobile phone, address (current/ temporary and permanent), and other Company Account related information with us. You further warrant that information provided to us shall be correct and are bound to inform to us promptly, if any change occurs in the information provided earlier.
- User shall own all right, title and interest in and to the User Content. Company shall own and retain all right, title and interest in and to (a) the Services and the Company Application, related software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with implementation services or support, and (c) all intellectual property rights related to any of the foregoing.
- Data usage: Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning User Content and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
- Please note that the Company does not trade or sell any personally identifiable information of the Users or their customers in any manner.
- The Company takes standard precautions including technical measures to safeguard your information against loss, misuse or theft, as well as against destruction, alteration, disclosure or unauthorized access. Specifically, while the Company will ensure its efforts to protect the User’s information in line with commercially reasonable efforts, however, the Company does not represent, warrant, or guarantee that the information will be protected against unauthorized access, loss, misuse, or alterations beyond the reasonable control of the Company.
- Waiver: Failure by the Company to insist upon strict performance of any of the terms and conditions herein, or delay in exercising any of its remedies, shall not constitute a waiver of such terms and conditions, or a waiver of any default, or a waiver of the right to any remedy.
- Brand usage: The Company shall be entitled to use the brand name and logo and for the limited purposes of business development and investor information, and this shall include appropriate referencing on the Company’s websites, brochures and marketing materials.
- Notices: Any notices, requests, demands or other communication required or permitted to be given under this arrangement shall be written in English and shall be delivered by email or internationally recognised courier service and properly addressed to the designated representative of each Party. Any notice, request, demand or other communication delivered to the Party to whom it is addressed as provided in this section shall be deemed to have been given and received, (i) if sent by internationally recognised courier service on the date on which it is received by the other party, as acknowledged by the courier service; and (ii) if sent by e-mail, the day immediately after the date of transmission of the e-mail.
If you have any questions, complaints or claims with respect to the Platform or our Services, please direct your correspondence to the address as given below.
We shall respond to and address all reasonable concerns or inquiries in a reasonable amount of time.
If you are the Medium, we are the WAY!
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