Terms and Conditions

DEVISEHUB (“DEVISEHUB”) specialises in services based on machine learning, e.g., machine translation services, and provides its online services at https://lingvoworld.com/

1 Subject of the Agreement

1.1 Subject to these Terms and Conditions and the Service Specification, DEVISEHUB provides Customer with access to the subscribed Services in accordance with the Service Specification.

1.2 Customers receiving services specified at contract conclusion as being subject to charges will pay DEVISEHUB the agreed remuneration as indicated during the online purchase process or in the order form.

2 Services of DEVISEHUB

2.1 General

2.1.1 DEVISEHUB provides Customer with access to the Services within the term and scope of this Agreement, including the Service Specification.

2.1.2 DEVISEHUB will only temporarily store Content or Processed Content to the extent technically required to provide its Services. Any further storage of Content or Processed Content will only be carried out at Customer’s request, e.g. by using the "saved translations" feature. For the avoidance of doubt, DEVISEHUB shall be entitled to create and retain access logs for billing, security and statistical purposes. Such access logs shall not contain any Content or Processed Content.

2.1.3 DEVISEHUB will only access the Content and/or the Processed Content in the event and to the extent required to carry out a diagnosis and to solve technical issues which may eventually compromise the availability of the Services. To the extent required for the purposes mentioned above and in derogation from Section 2.1.2 DEVISEHUB may, in exceptional cases, automatically store Content and/or Processed Content for a maximum period of 72 hours in case certain error patterns occur during the processing of the translation or improvement request. The Content and/or the Processed Content will be stored in an encrypted form for the duration of the debugging process and will be automatically deleted afterwards. The access to the cryptographic keys for the decryption of the Contents and/or of the Processed Contents will only be granted in individual cases in the context of a logged process for selected employees of DEVISEHUB who are bound to secrecy and after the access has been approved by the company management. The Contents and/or Processed Contents stored for debugging purposes will not be linked to any individual Customer.

2.1.4 DEVISEHUB will make use of the Customer Training Data exclusively in connection with the translations or improvements of the respective Customer. Furthermore, DEVISEHUB will store and process it for the duration of the Agreement in a way that no unauthorised persons will gain access to it. As the Customer Training Data is processed in an automatic way, it may be deleted upon the Customer’s request. However, it cannot be returned to the Customer (as DEVISEHUB does not offer any data storage service).

2.1.5 Notwithstanding section 2.1.3, DEVISEHUB is entitled to subcontract third parties to fulfil its contractual duties in whole or in part.

2.1.6 Customer may grant Internal Users access to the Services in its sole discretion. However, Customer shall be fully liable for any use of the Services by Internal Users and shall ensure that Internal Users are aware of and respect any and all restrictions for the use of Services set out in this Agreement. Customer shall promptly notify DEVISEHUB of any suspected or alleged violation of this Agreement and shall cooperate with DEVISEHUB with respect to investigation of such violations as well as to any action by DEVISEHUB to enforce this Agreement.

2.1.7 DEVISEHUB, acting in its sole discretion, may provide the Customer with

• aggregated data on the use of the subscription within the Customer's organisation and/ or
• usage data of individual Internal Users of Customer ("Individual Usage Data")

enabling the Customer to evaluate the use of the subscription and manage it accordingly. Customer must treat any Individual Usage Data confidentially and in compliance with applicable data protection laws. It is the sole responsibility of Customer to ensure that any subsequent processing of Individual Usage Data as independent controller is conducted in accordance with applicable data protection laws, including but not limited to the EU GDPR (Regulation (EU) 2016/679). DEVISEHUB shall not be liable for any subsequent processing of Individual Usage Data by Customer following on from the receipt of any Individual Usage Data.

2.2 Changes to the Services

2.2.1 DEVISEHUB can modify and change the Services and their range of functions beyond what is necessary to maintain the Services in conformity with this Agreement if a valid reason requires these modifications. There is a valid reason if the modifications are necessary (i) to ensure compliance with changes in relevant legislation or case law, (ii) to implement changes to the technical requirements, e.g., a new technical environment or other operational reasons, or (iii) to adapt the Services to changing market conditions, such as increased user numbers, or if the modifications or changes are beneficial to Customer, e.g., to make the Services more user-friendly or improve their security.

2.2.2 Modifications to the Services and their range of functions in accordance with Section 2.2.1 are made without additional costs to Customer.

2.2.3 If a modification relates exclusively to time-critical security updates, extensions of functions, only insignificant components of the Services (such as design or presentation changes) and if it is not a Negative Change within the meaning of Section 2.2.4, DEVISEHUB will inform Customer about the modification within the customer account in a clear and comprehensible manner. In all other cases, DEVISEHUB will inform Customer of the respective modification to the Service in a clear and comprehensible manner at least two (2) months in advance by means of a message by e-mail (“Change Notice”). The Change Notice contains the features and the time of the modification as well as – in case of Negative Changes – the rights of Customer and legal consequences of his silence as described in Sections 2.2.4 and 2.2.5 below.

2.2.4 If a modification impacts Customer’s ability to access or use the Services in more than a minor way (“Negative Change”), Customer has the right to terminate the Agreement free of charge with a notice period of 30 days. To exercise the right of termination, the customer should contact DEVISEHUB and state the reason for the termination. The period begins with the receipt of the Change Notice by Customer. If the modification is made after Customer has received the Change Notice, the period shall only start to run once the modification has been made. The right to terminate the Agreement does not apply if the accessibility or usability of the Services without the modification is maintained free of charge.

2.2.5 Negative Changes to the Services are deemed to have been approved if Customer does not object to them by exercising his right of termination in accordance with Section 2.2.4. DEVISEHUB will specifically draw Customer’s attention to this legal consequence in the Change Notice.

2.2.6 These Terms and Conditions shall apply mutatis mutandis to any modifications and to the Services in their modified state.

3 Availability

3.1 DEVISEHUB shall provide an annual average of 97% uptime availability for the fee-based Services. The availability calculation excludes any downtime for planned maintenance work as well as service interruptions which are beyond DEVISEHUB’s control, including but not limited to short-term and undue increase in the number of requests by Customer which requires an unplanned increase in system capacity.

3.2 Subject to the exceptions in Section 3.1, availability shall be calculated as the number of hours the services of the Services are functional, divided by the total number of hours within the respective calendar year.

3.3 Unavoidable downtime due to planned maintenance work shall be electronically notified to Customer in good time in advance (e.g., by e-mail).

4 Conclusion of the contract

4.1 In order to conclude a contract regarding DEVISEHUB’s services under this Agreement it is required to provide an e-mail address and a password. After that, a summary of the order will be displayed for review. When Customer, after agreeing to these Terms and Conditions clicks on the Order Button, he makes a binding offer to conclude a contract ("Application for Contracting"). Until clicking on the Order Button, the Customer can cancel the order process at any time or change the information provided by deleting, adding or correcting the information provided in the various fields or by closing his web browser or tab.

4.2 DEVISEHUB reserves the right to reject Customer requests to conclude a contract. In this event, DEVISEHUB will display a respective message during the buying process, at latest when Customer has clicked the Order Button. In particular, DEVISEHUB rejects contracts with customers providing machine translation services, including but not limited to Amazon.com, Inc., Microsoft Corporation, Google LLC, Alphabet Inc., Apple Inc., Meta Platforms, Inc., and their subsidiaries.

4.3 The Application for Contracting is accepted and the contract is concluded if, after clicking on the Order Button, the then following page is successfully loaded and a subscription number is provided.

4.4 Furthermore, in derogation of Sections 4.1 to 4.3, the contract concerning the Services offered by DEVISEHUB can be entered into by other means of distance communication (e.g., e-mail). In this case, DEVISEHUB will provide the Customer with these Terms and Conditions before entering into the contract, which will be entered into either as soon as DEVISEHUB expressly confirms the conclusion of the contract or by putting the Services at Customer’s disposal.

4.5 DEVISEHUB shall provide its Services immediately after conclusion of the Agreement.

4.6 The Agreement can be concluded in English language.

5 Copyright and Intellectual Property

5.1 DEVISEHUB grants Customer a non-exclusive, non-transferable, non-sublicensable worldwide right to use the Services for its internal intended purpose for the term and within the scope of this Agreement, subject to the authorised number of Internal Users for which Customer has paid DEVISEHUB.

5.2 DEVISEHUB grants Customer a non-exclusive, non-transferable, non-sublicensable worldwide right to use the provided Documentation and support materials for the term and within the scope of this Agreement, in particular, to reproduce them and provide them to Internal Users or contractors to the extent required for the intended use of the Services.

5.3 DEVISEHUB grants Customer a non-exclusive right to use the provided Code Samples for educational and internal development purposes without restriction in regard to time or location, in particular to reproduce the Code Samples and provide them to Internal Users, to modify and create derivative works of the Code Samples and to use, sublicense or distribute such derivative works without limitation.

5.4 All rights regarding the Content, Processed Content and/or Customer Training Data remain with Customer. However, Customer grants DEVISEHUB the non-exclusive worldwide right to use the Content and/or Customer Training Data solely in order to provide DEVISEHUB’s Services to Customer. In particular, Customer grants to DEVISEHUB the right to temporarily store, modify, process, translate, improve and transmit the Content and/or Customer Training Data, and to sublicense the foregoing rights to its subcontractors, to the extent required to provide the Services set out in this Agreement.

5.5 DEVISEHUB does not assume any copyright to the translations or improvements made by Customer using the Services. In the event that the translations or improvements made by Customer using the Services are deemed to be protected under copyright laws to the benefit of DEVISEHUB, DEVISEHUB grants to Customer, upon creation of such translations or improvements, all exclusive, transferable, sublicensable, worldwide perpetual rights to use the translations or improvements without limitation and for any existing or future types of use, including without limitation the right to modify the translations or improvements and to create derivative works.

6 Obligations of Customer

6.1 General

6.1.1 Customer may use the Services solely for the purpose agreed between the Parties. In particular, Customer may not, and will not allow third parties (including Internal Users and End Users) to use the Services, Processed Content created using the Services, Documentation or other data, information or service provided by DEVISEHUB unless after expressly authorised by DEVISEHUB in written form

• in connection with or for the purpose of operating critical infrastructure such as electrical power stations, military or defence equipment, medical appliances or other equipment whose failure or impairment would result in unforeseeable economical or physical damages, including but not limited to critical infrastructure in terms of the European Directive 2008/114/EC;
• for any illegal activities, including development of any applications infringing any third-party rights or any other applicable laws or regulations;
• for spamming or any other unsolicited advertising;
• to perform benchmark or other capacity testing of DEVISEHUB’s technical infrastructure;
• to create a similar product, service or API whose primary purpose is to provide services based on machine learning, including but not limited to translations, bilingual/multilingual dictionaries or writing assistance;
• to develop, market or train a machine translation algorithm;
• to transmit any data to DEVISEHUB which may not be transmitted to or processed by DEVISEHUB due to data protection laws, contractual or statutory confidentiality obligations, export restrictions or other statutory provisions or third-party rights.

6.1.2 Customer is obligated to keep the access credentials provided by DEVISEHUB secure and undertakes not to disclose them to any third parties unless required for the contractually intended and permitted use of the Services. Customer is not entitled to repackage or resell access credentials or its access to the Services to any third parties unless expressly agreed upon otherwise.

6.1.3 Customer is obligated to observe all legal requirements for the collection, processing and use of data which is transmitted to DEVISEHUB and processed by DEVISEHUB for Customer in connection with the Services under this Agreement. In particular, Customer shall immediately agree with DEVISEHUB on a data processing agreement (which shall be provided by DEVISEHUB) if Customer intends to transmit personal data to DEVISEHUB using the Services. Customer guarantees not to collect, process or use any personal data in connection with the Services without the express consent of the data subject or sufficient other legal authorisation. DEVISEHUB will reasonably cooperate with Customer in order to assist Customer in implementing such required legal authorisations.

6.1.4 Customer shall indemnify DEVISEHUB from any and all third- party claims including the necessary expenses for legal defence, asserted against DEVISEHUB due to a culpable violation of this Agreement by Customer. If third parties should assert such claims against DEVISEHUB, DEVISEHUB shall inform Customer about the asserted claims without undue delay and leave the defence at the discretion of Customer or undertake it in cooperation with Customer. DEVISEHUB shall not settle or recognise claims of third parties without Customer’s consent which shall not be unreasonably withheld or delayed. DEVISEHUB shall be entitled to request a reasonable advance for the incurred legal defence expenses to be anticipated. The indemnification shall accordingly apply to fines or other regulatory or judicial orders and claims.

6.1.5 In the event that Customer uses Third-Party Applications to access the Services, Customer shall comply with the acceptable use policies set out by the vendor of the Third-Party Application if applicable.

6.1.6 Customer is only permitted to use the Services in compliance with applicable laws. This also includes export control laws and regulations.

6.1.7 Customer authorises DEVISEHUB to access their account settings for the purpose of supporting Customer’s onboarding to DEVISEHUB’s Services and general user management as well as account and subscription management throughout the subscription term (e.g., enabling the SSO set up, adding and deleting Internal Users, (re-)assigning team account administrators, enabling or adjusting account settings as requested by Customer). DEVISEHUB may also access Customer’s account settings for troubleshooting purposes and to carry out usage analytics for Customer’s

7 Remuneration

7.1 If remuneration has been agreed upon, Customer shall pay the base remuneration as well as usage-based remuneration as stipulated upon conclusion of the Agreement.

7.2 All amounts shall be paid in full in the currency indicated on the invoice. The Customer shall bear all bank and transfer charges as well as any currency conversion costs (if any).

7.3 Unless there is no different legal requirement, all invoices shall be made available to the Customer exclusively in a digital format (e.g., as PDF files sent by e-mail to the invoice e-mail address indicated by the Customer or available for download by the Customer on the website in the customer account).

7.4 For Services with a fixed base remuneration, the remuneration is due at the beginning of each billing period.

7.5 If the Customer chooses to pay by credit card or SEPA direct debit for Services with a variable remuneration (in particular when using the API), DEVISEHUB reserves the right to debit advance payments in the course of the billing period. A first advance payment is due as soon as the number of characters has exceeded a certain equivalent value. The value of the advance payment may vary between an amount of 10 EUR and an amount of 500 EUR (according to the respective Customer and his usage behaviour). The relevant equivalent value related to the subsequent prepayments will be based on the future usage of the Customer. The basic price of a subscription is due at the activation of a subscription and the basic price for the new billing period, as well as any outstanding usage-dependent payments, is due on the end date of the running billing period.

7.6 If DEVISEHUB is not able to debit the due advance payment in accordance with Section 7, DEVISEHUB will block the access of the Customer to the Services. As soon as the debit is successful, DEVISEHUB will immediately restore the access.

7.7 DEVISEHUB reserves the right to block the access to the Services if the Customer has not paid any due fee after having been sent a written notification by DEVISEHUB (a notification sent by e- mail will suffice). If the Customer pays all outstanding claims, DEVISEHUB will without any delay, but at the latest within three (3) Business Days after the receipt of the entire payment by DEVISEHUB, restore the access of the Customer. Depending on the selected payment method, the following will apply additionally:

7.7.1 In case payments are made by invoice, DEVISEHUB will inform the Customer of the impending blocking after the due date and will request payment from the Customer. In case the payment is not made within a term of three (3) subsequent Business Days, DEVISEHUB will be entitled to block the access of the Customer. After the blocking, DEVISEHUB will send another payment request to the Customer in order to restore access.

7.7.2 In case DEVISEHUB is not able to debit the due payment for payments made by credit card or SEPA direct debit, DEVISEHUB will ask the Customer to update the agreed payment method or to provide a new payment method and will inform the Customer of the impending blocking. In case the debit continues to fail after the notification, DEVISEHUB is entitled to block access to the Services. After the blocking, DEVISEHUB will send another request to the Customer to provide a new payment method in order to restore access.

8 Term and Termination of this Agreement

8.1 The Agreement is concluded for an indefinite period of time. Each Party may terminate the Agreement at any time with effect to the end of the current billing period.

8.2 If the Parties agree to a fixed term, the term shall be automatically extended by the agreed fixed term unless the Agreement is terminated.

8.3 DEVISEHUB shall be entitled to temporarily suspend Customer’s access to the Services upon prior written notice (e-mail sufficient).

Notwithstanding further rights under this Agreement, DEVISEHUB shall restore access within a reasonable period of time if the breach does not continue, is no longer imminent, or Customer has provided a binding statement that the breach will not be repeated. In the event of an act with fraudulent intent, DEVISEHUB is entitled to suspend Customer's access to the Services immediately and indefinitely. Customer is informed in writing (e-mail is sufficient). The suspicion of fraudulent intent is sufficient. Fraudulent intent lies in particular in the following cases:

• The e-mail address used for registration does not exist or is obviously not valid;
• The address does not exist or is invalid;
• Customer has registered several times in order to use the service free of charge or Customer still has open payments from other contracts;
• Customer uses a fraudulent, lost, stolen or blocked/inadmissible means of payment;
• Customer has contested or demanded the return of a payment without informing DEVISEHUB of a valid reason for contesting or demanding the return. The suspension of Customer’s access will be upheld until Customer informs DEVISEHUB of a valid reason.

8.4 If Customer exclusively uses free services, both Parties are entitled to terminate the Agreement at any time. Specifically, DEVISEHUB may terminate the Agreement if Customer has not used the free services for a longer period of time.

Return & Refund Policy

If there’s something wrong with the service you bought, or if you are not happy with it, you have 1 week to issue a refund and return your service.

Refunds We at lingvoworld, commit ourselves to serve our customers with the best products. Every single product that you choose is thoroughly inspected, checked for defects with utmost care. We do this to page 2/2 ensure that you fall in love with our products. You will be intimated about it in advance so that you don't have to worry unnecessarily about your order. If you have purchased via Online payment (not Cash on Delivery), then you will be refunded once our team confirms your request. We carry out thorough quality check before processing the ordered item. Please note that lingvoworld is not liable for damages that are caused to the items during transit or transportation. Your refund may take a couple of days to process but you will be notified when you receive your money.