Aligner Terms of Service
Posted: Jan 10th 2019
Effective: Jan 19th 2019
Thanks for using Aligner!
We help companies to keep their multilingual content easily up to date and therefore spread your word much faster.
Following we describe how the terms of service (“Terms”) cover your use and access to our services, software and websites ("Services"). Despite of the reside your agreement is with Aligner OÜ Company.
When you use our Services, you upload or add your files, content, messages, contacts (“Your Items”). Your Items are yours. These Terms don’t give us any rights to Your Items except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Items, backing it up, and sharing it when you ask us to. Our Services also provide you with features like document sharing, commenting, easy sorting, editing, and searching. These and other features may require our systems to access, store, and scan Your Items. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
Our Services let you share Your Items with others and collaborate with the third parties at your command, so please think carefully about what you share and with whom. We aren’t responsible for the behavior of any third parties, partners either linked websites.
Terms, we give you a limited, non-exclusive, non-transferable, revocable license to use the Software, solely to access the Services.
You’re responsible for keeping your user account name and password confidential. You’ll have to immediately notify us of any unauthorized access or use of your accounts.
Please don’t copy, upload, download, or share content unless you have the right to do so.
Some parts of our Services might be protected by intellectual property rights.
We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services.
You’re also responsible for determining whether our Services are suitable for you to use considering your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws.
You may use our Services only as permitted by applicable law, including export control laws and regulations. To use our Services, you must be at least 13, or in some cases, even older. If you live in Ireland, Germany, or the Netherlands, you must be at least 16. Please check your local law for the age of digital consent. If you don’t meet these age requirements, you may not use the Services.
The Terms will continue for as long as you have a Service account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first.
4. Beta testing
We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as Aligner’s other services, so please keep that in mind.
5. Intellectual property and copyright
The Services are protected by copyright, trademark, and other EU and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, Aligner trademarks, logos and other brand features. We welcome feedback but note that we may use comments or suggestions without any obligation to you.
We respect the intellectual property of others and ask that you do too. You may not distribute, exchange, modify, sell or transmit anything you copy from our Services, including but not limited to any text, images, audio, and video, for any business, commercial or public purposes. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.
6. Paid Accounts and Services
You can widen your scope of work by adding paid features to your account (turning your account into a "Paid Account" or by ordering “Translation Services”).
Ordering of the Translation Services can be executed after the content upload or creation within app.aligner.io.
Order will be formed after selecting the target language, Translation Service level and delivery time. Order will be confirmed after the successful payment. The Pricing structure described in the following chapter.
7. Ordering Process
The process of ordering Services contains the following actions:
a) upload or creating of the text-content in Aligner
b) choice of the target language(s)
c) instant word-count
d) instant delivery time and price quote for the Translation Service
e) selection of the suitable Translation Service and delivery time or cancellation of the quote
h) Proceeding to the payment execution
i) Once payment is successful, the Translation Service is activated and executed within the delivery time
j) The user receives a notification once the Translation Service is delivered and can be downloaded from app.aligner.io
k) All the receipts are being available on the "Orders" page within app.aligner.io
8. Pricing Structure
For the Translation Services, the user will be asked to confirm the quote and accept the Terms and Conditions prior to processing the Order. The quote is made instantly based on the amount of words, source and target languages, delivery date and desired quality of translations.
Translation Services indicative pricing is publicly available on our Website.
We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
Quoted fees include applicable taxes and payment processing fees.
9. Payment Methods
All transactions are executed in EUR (euro).
Provided payment methods include MasterCard, Maestro and/or VISA cards.
Aligner OÜ also enables payments via bank links actively used in Finland, Estonia, Latvia, and Lithuania.
Payment methods are provided in cooperation with Maksekeskus AS.
If not satisfied with the quality of the provided Translation Service, we will do our best to provide you a new delivery of the Translation Services. We may offer a full refund if a user requests one. Please follow the procedure described in the Refund Policy.
Upon establishment of a business relationship, We and/or the Payment Institution are obliged to identify the user. The method used by us and/or the Payment Institution for identifying a user can vary based on requirements stemming from the jurisdiction existing in the country where the user concludes the business relationship with us (e.g. online identification, face-to-face identification).
The user is obligated to submit to us any data and documents requested for identification reasons. If we have any doubts about the veracity of the user’s data or documents, then we may ask the user to specify its data, provide additional information or documentation needed to duly prove its identity, or if necessary, to re-do the identification process.
By confirming the Terms, the Customer gives to us an irrevocable right to provide information and data (related to identification and authentication) about the user in any format to the Payment Institution.
Because of security and legal reasons we do not store or process bank and credit card details of the user itself. We have a right to change or add Payment institutions in cooperation with payment solutions are provided.
12. Organization Accounts
If you sign up for our Services with an email address provisioned by your organization and use Services to improve the workflows of your organization, be aware that your organization may be able to block your access to Aligner. You must use it in compliance with your organization's terms and policies. Please note that such accounts are subject to your organization's control. Your administrators may be able to access, disclose, restrict, or remove information in or from your Aligner account. They may also be able to restrict or terminate your access to Aligner.
The organization accounts have owners and administrator(s), who must act in accordance with Roles and Permissions in Aligner (under your account Settings).
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
- you’re in breach of these Terms,
you’re using the Services in a manner that would cause a real risk of harm or loss to us or other users, or
you don’t have a Paid Account and haven't accessed our Services for 12 (twelve) consecutive months.
14. Discontinuation of Services
We may decide to discontinue the Services in response to unforeseen circumstances beyond Aligner’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Items from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for.
15. Resolving Disputes
We want to address your concerns without needing a formal legal case. Before filing a claim against Aligner, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 (thirty) days of submission, you or Aligner may bring a formal proceeding.
You and Aligner agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the administration of justice in civil matters, federal or state courts of Estonia. Both you and Aligner consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, United States of America) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
You and Aligner agree that any dispute arising from the relationships between the parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be the Arbitration Court of the Estonian Chamber of Commerce and Industry. The language of the proceedings shall be English. The substantive rules of Estonian law will be applied.