MoxVeda Terms of Service

Effective: 29 October 2019
Last updated: 29 October 2019


  General

This Agreement is between you as an individual or the entity you represent (hereinafter “Customer” or “You”) and Process Nine Technologies Private Limited (hereinafter “Process9”) governing the use of MoxVeda language localization software and services (hereinafter “Service or Services”).

Acceptance of the Terms

Customer must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the Terms of Service or are not authorized to do so, do not use our Services. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.

Description of Service

Process9 provides language localization and translation services for localization of your website and digital properties from one written language text to another. You may use the service for your personal and/ or business use. You will require a computer with a supported Internet browser in order to access the service.

Ownership of original content

Services can be subscribed for use for websites, digital properties and content owned by Customer only or where the owner has duly specifically authorized the customer for such usage. Use of Process9 services on unauthorized content will be liable to termination without notice and without any recourse whatsoever.

Change in Scope of Work

Services are applicable for the website and digital properties and Scope of Work for which the services were originally subscribed. Services are non-transferrable to any third party and can not be assigned to another person or entity. A single subscription can be used for a single domain name only. Content from an external domain will not be localized unless subscribed for that domain name.

Revision in Terms of Service

Process9 may revise the terms at any time through an announcement or by sending an email to your primary email id. If Process9 makes a significant change to the terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email id. You may terminate your use of the Services within 30 days of being notified. In the event of such termination, you will be entitled to a prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the terms will be deemed to be your agreement to the revised terms.

Data Ownership

All original text and data created by customer will remain their property. All translated content remains the property of Process9. Through this agreement customer receives a right to display translated content during the validity of this agreement subject to regular payment of fees for services.

Fees and Payments

The Services are available under subscription plans of various durations. Your subscription will be automatically renewed at the end of each subscription period, upon payment of subscription fee for the period, unless you inform Process9 that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the last payment instrument used by you. You may change the details if you would like a different payment instrument to be used. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date by sending an email to info@process9.com. From time to time, we may change the prices/fees and terms of Services. Any revision in charges will only apply after the expiry of your current billing cycle.

Process9 reserves the right to terminate subscriptions that remain unpaid for a continuous period of 15 days. In the event of such termination, all data associated with such subscription will be deleted.

Personal Information and Privacy

Process9 does not ask you for any personal information. Your user name, email id, passwords etc are confidential information and you are responsible for keeping them safe. Process9 will not be responsible for any loss or damage incurred as a result of any unauthorized access and/or use of your access to services. Privacy of all data and information supplied by you to Process9 are covered by Process9’s Privacy Policy.

Illegal Activities

Customer will be solely responsible for the content and activities of the websites and digital properties. Customer agrees not to use the Process9 services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code or that which infringes or may infringe on intellectual property or other rights of another. You agree not to use the services for the transmission of junk mail, spam, chain letters, phishing or unsolicited mass distribution of email. We reserve the right to terminate your access to the services if there are reasonable grounds to believe that you have used the services for any illegal or unauthorized activity.

Suspension and Termination

Process9 may suspend your services and/or temporarily disable access to services in the event of any suspected illegal or objectionable activity, non-payment of fees on due dates, violation of terms of service or upon request by law enforcement or other government agencies. Objections to suspension or disabling of services should be made to info@process9.com within 30 (thirty) days of being notified about the suspension. We may terminate a service after 30 (thirty) days.

You have the right to terminate Process9’s services if Process9 breaches its obligations under these terms and in such event, you will be entitled to a prorated refund of any prepaid fees.

Trademark

Process9, MoxVeda, Mox logos, the names of services and their logos are trademarks of Process Nine Technologies. You agree not to display or use in any manner, these logos and trademarks without prior permission of Process9.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROCESS9 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS9 MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS, MOBILE PHONE, OTHER DEVICES OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROCESS9, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

YOU AGREE THAT PROCESS9 SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROCESS9 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROCESS9’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Indemnification

You agree to indemnify and hold harmless Process9, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violation of any provisions of the Terms or any other claim related to your use of the Services, except where such use is authorized by Process9.

Arbitration

Any controversy or claim arising out of or relating to the terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the The Arbitration And Conciliation (Amendment) Act, 2019, India. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final. The arbitration shall be conducted in New Delhi, India and judgment on the arbitration award may be entered into the courts of New Delhi, India. Notwithstanding anything to the contrary, Process9 may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Content Translation

1. Process9 provides high-quality translation of content in supported Indian and international languages.

2. Process9 performs all translations using its proprietary contemporary/modern terminology in each target language. Process9 will be unable to provide translation in a customized terminology. Customer will have the option to edit translations performed by Process9 using editing tools provided by Process9 if desired.

3. No pornographic or other objectionable content will be accepted for translation and localization.

4. No content considered illegal by the laws of India will be accepted for translation and localization.

5. Translation will be done from English source content only. If the original website/digital property is in another language, the customer may contact Process9 at info@process9.com before ordering a subscription plan. Translation for such content may be provided at an additional cost after taking prior customer consent.

6. Process9 may be unable to provide high-quality translation for long-form text content pages such as terms & conditions, legal text, news, blogs or User Generated Content. Process9 will warn the customer prior to initiating translation in case such content is found on pages to be translated. Translation for such content may be provided at an additional cost after taking prior customer consent.

7. Translation of content and data originating from the web server for display at the user side will be translated. User-Generated Content or user-entered text and data will not be translated.

8. Process9 may be unable to provide high-quality translation for long-form scientific content or content requiring domain-specific specialized translation. Process9 will warn the customer prior to initiating translation in case such content is found on pages to be translated. Translation for such content may be provided at an additional cost after taking prior customer consent.

9. MoxVeda subscription plans do not include translation of backend databases of content such as product names, descriptions, name databases etc used in eCommerce portals etc. Translation for such content may be provided at an additional cost after taking prior consent from Customer.

10. Translation for non-Indian languages will be performed through machine translation. Customer may contact Process9 at info@process9.com for languages where the high quality translation is available at an additional cost.

11. The high-quality translation is included in MoxVeda subscription plan price for the following languages:

Hindi, Bengali (Indian), Gujarati, Marathi, Tamil, Telugu, Kannada, Malayalam, Punjabi. Customer may contact Process9 sales team at vedasales@process9.com for localization/translation to other Indian and global languages.

12. Process9 reserves the right to reject any localization/translation project based on its own policies applicable from time to time. In such cases, Process9 will refund any advance paid by customer towards localization/translation within 7-14 working days.

For any questions or clarification on Terms of Services, you may contact info@process9.com.