1. Service
The service of the DevTranslate application available at https://devtranslate.app/ (“Service”) is provided by Aexol limited liability company, a company incorporated under the law of Poland with its registered office in Bialystok, at Mlawska 4/U7 street, postal code: 15-411, NIP (EU VAT/Tax Identification no.) PL5423253283, registered in the National Court Register (KRS) under KRS number 0000602817, by the District Court in Bialystok, XII Commercial Division of the National Court Register, with a share capital of PLN 5000 (“Company”).
In order to use the Service, you must first agree to the Terms and Privacy Policy. You can agree to these regulations by using the appropriate check box. To avoid any doubt, it is assumed that using the Service means accepting the Terms and Privacy Policy.
You may not use the Service if you are a person barred from receiving the Service under Polish law or the laws of other countries, including the country in which you are resident or from which you use the Services. By using the Service you confirm that you are over the age of 18, as the Service may not be used by children under 18.
You agree that your purchases of the Service are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by the Company or any of its affiliates regarding future functionality or features.
The Service is ordered by the Company’s client (“Client”) by sending the electronic form available at: https://devtranslate.app/ (“Order”) after creating a user account. The Company provides services for one type of Client that is an individual client or a company client.
The Service is made available to the Clients through the use of Tokens. The Client (one user) has access to the Service and each translation takes up an amount of tokens with the Basic plan providing 3000 for free use. Additional tokens beyond the basic plan are provided after payment as indicated in the Company fees and payment policies in section 3 "Fees".
The Client will be charged for the subscription or the token packages as indicated in the Company fees and payment policies at https://devtranslate.app/.
The token usage is calculated as the total amount of characters from the files loaded by the Client, where in the case of translation into multiple languages, characters from each translation are added up. The Client is not entitled to carry over the unused character limit to the next billing month.
The Client (one user) can create an organization within the DevTranslate application & invite other users to their organization. In this case the Client has to pay all fees for all new users (Clients) who accepted the invitation.
The Company will issue an electronic bill to the Client via Stripe for all fees due in each Settlement Period. Services will be available to Clients in each Settlement Period subject to payment of the Fee in advance.
The provided Services use www.deepl.com as a translation services provider. According to Section 8.1.1 f) of DeepL's Terms and Conditions the user is not allowed to use the DeepL translator to develop, market or train a machine translation algorithm.
For more details, see the terms of service at DeepL https://www.deepl.com/pl/pro-license?&tab=pro.
2. Restricted Access to the Services
If the provision of the Service results in a risk of more than insignificant damage to the Company or another entity or Clients of the Service, the Company may block or restrict access to the Service. In connection with this, the Company may not adopt more far-reaching measures than are justified in the circumstances. The Client shall be informed as soon as possible if access to the Service is restricted. Unless otherwise indicated from the service level guarantees, the Company may carry out planned measures that affect the availability of the Service if required for technical, maintenance, operational or safety reasons. The Company shall perform such measures promptly and in a manner that limits the disruption. The Company undertakes to notify the Client within a reasonable time before such action. The Company guarantees that Service will be available fifty-one percent (51% ) of the time in a given calendar month, except to the extent that (i) any Client-provided hardware or software fails or is defective and said failure or defect caused, in whole or in part, the downtime, (ii) the Service is suspended (see Section 7) or (iii) as specified in these Terms (including in Section 2 ). Availability shall be measured at the exit (outbound port) of the firewall at the Company’s data center. The Client’s sole and exclusive remedy for any failure of the aforementioned guarantee is that Company will provide Service free of charge next settlement period. No other liabilities can be concluded from this statement.
3. Fees
The latest pricing can be found on our Pricing page at https://devtranslate.app/pricing/. Our pricing is subject to change at any time. We reserve the right to modify our pricing for any reason, including but not limited to: market changes, cost of goods or services, or changes in our business model. Any changes to our pricing will be communicated to our customers through our website, app, or through other means, such as email. Customers will be responsible for any price changes and will be given the opportunity to cancel their subscriptions before the new pricing takes effect. Any outstanding balance becomes immediately due and payable upon breach of the Terms for any reason.
4. Payment
DevTranslate uses the 3rd party payment platform Stripe and the Stripe API. By using DevTranslate and agreeing to these Terms, you also agree to be bound by Stripe’s Terms of Service.
DevTranslate shall not be liable for any payments and monetary transactions that occur through Your use of the Service. All payments and monetary transactions are handled by Stripe. DevTranslate shall not be liable for any issues regarding financial and monetary transactions between You and any other party, including Stripe.
You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. DevTranslate is not liable for loss or damage from errant or invalid transactions processed with your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.
DevTranslate uses the Stripe API to run the Service and the Stripe API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold DevTranslate liable for any adverse effects that actions (whether intentional or unintentional) on the part of Stripe may cause to your Stripe account or your DevTranslate account.
5. Support
Support is provided via the website: https://devtranslate.app/en/guides/ . Support provided by these Terms does not guarantee the time of error fixing.
6. Term and termination
The service can be terminated by both parties with seven days' notice periods taking effect at the end of the Settlement Period. The Company may terminate the Service immediately without the notice period in case of:
- (i) breach of these Terms by the Client
- (ii) the Client publishing any content that violates the law or is otherwise inappropriate
- (iii) the Client fails to pay overdue fees within seven days after the applicable due date
In the case of termination for the reasons mentioned above the Company will have no obligation to provide a refund of any amount previously paid by the Client or compensate any damage incurred by the Client or his partners (i.e. subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers). In the event of a delay in any payment of the due fees, the Company is entitled to suspend the provision of the Services, without notice, until payment of delayed fees. Any such suspension will in no way relieve the Client from the payment of fees.
The Company is entitled to delete the account in the event the Client: fails to confirm the authenticity of the e-mail, does not use the services for 12 months, or requests the account's deletion.
7. Warranty
The services are provided “as is”. The Company does not provide a guarantee or a warranty for the services. The Company makes no other warranties, express or implied, and specifically makes no guarantee of success, profitability, or fitness for any particular purpose. The Company's express warranties will not be enlarged, diminished or affected in any way and no obligation or liability will arise out of the Company rendering technical or other advice or service in connection with the software.
8. Liability
Under no circumstances will the Company be liable, whether in contract or in tort or under any other legal theory (including, without limitation, strict liability and negligence) for: lost profits or revenues; loss of contracts, business opportunities or information; damage to or corruption of data; actions and damages in connection with force majeure; loss of any data, including after modification, termination or restriction of access to the service or deletion of the account of the Client; any loss incurred by the Client after their actions or omissions, or any other economic loss or for any, indirect special, consequential, punitive, incidental or similar damages arising out of or in connection with the performance or non-performance of this agreement. The company will not be liable for any content provided, published, imported or exported by the client or any other faults made in other services that the company uses. In the absence of gross negligence or willful misconduct the Company shall not be liable to the Client or to any other person, including any party claiming by, through or on behalf of the Client, for any losses, liabilities, damages, costs or expenses that exceed, the (one) monthly services fee paid to the company in the settlement period in which the event causing liability occurred.
Regardless of the basis of the claims (i.e. contractual or tort liability), the liability of the Company for damage in relation to single damage may not exceed 10% of the last monthly fee net paid to the Company; the maximum liability of the Company may not exceed 100% of annual fees paid net, regardless of the number and nature of the claims.
The above limitation of liability shall not apply in the event of willful misconduct and any other liability cases where contractual limitations are prohibited by law.
9. Intellectual property
These Terms do not transfer any intellectual property, rights, interests or titles from the Company to the Client or any third party, such property will remain (as between the parties) solely with the Company. The Company logo and all other trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of the Company, or the Company’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of third parties. Use of the Services does not grant to the Client any right or license to reproduce or otherwise use any of the Company's or third-party trademarks and logos. The Company may consent to the use of its logo on the Client’s website. Such consent must be explicit and given by persons authorized to represent the Company.
Parties agree that, due to these Terms and the realized business cooperation, the Company may use the Client’s company name without any fees as a business reference on its official website, presentation, lecture, conference or other means of advertising and/or promoting its business activities. In justified cases, the Company may also use the Client’s company logo. Parties agree that the Company may, as a reference, mention the Client and their mutual business operations in the course of negotiations, offers and/or similar types of business interactions with third parties.
10. Modification and Termination of the Services
The Service is constantly being improved in order to provide the best possible experience for its users. The Client acknowledges and agrees that the form and nature of the Services which the Company provides may change from time to time without prior notice, subject to the conditions in Section 3 of these Terms. Changes to the form and nature of the Services will be effective with respect to all versions of the Services. Examples of changes to the form and nature of the Services include, without limitation: changes to fee and payment policies, security patches, added functionalities and any other improvements. The Client may terminate these Terms at any time by deleting their account. The Client will not receive any refunds for deleting their account. The Client agrees that the Company, in its sole discretion and for any or no reason, may remove their account or any part thereof. The Client agrees that any termination of access to the Service may be without prior notice and that the Company will not be liable to the Client or any third party for such termination or its consequences.
The Client is solely responsible for exporting their content and application(s) from the Service prior to the termination of access to the account. Upon the termination of the Service or the deletion of the Client's account, these Terms will also expire excluding Sections 7, 8, 9, 10, 11, and 12, which shall continue to be in effect.
11. Indemnification
The Client agrees to hold harmless and indemnify the Company, and its subsidiaries, affiliates, employees, advertisers, licensors, suppliers or partners (collectively "Company and Partners") from and against any third-party claim arising from or in any way related to:
- (a) the Client's breach of the Terms
- (b) the Client's use of the Services
- (c) the Client's violation of applicable laws, rules or regulations in connection with the Services
- (d) the Client's content or application, including any liability or expense arising from all claims, losses, damages, fees, and litigation costs of every kind
In such a case, the Company will provide the Client with written notice of such claim, suit or action.
12. General
If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. The Parties of this agreement are independent contractors. These Terms will not be construed as constituting either Party as a partner of the other, or to create any other form of legal association that would give one party the express or implied right, power or authority to create any duty or obligation of the other party.
Governing Law and Jurisdiction: The agreement shall be governed by Polish law, and any disputes that may arise on the basis of the Agreement, will be settled by the Polish court in Warsaw.
These Terms may change, if so the Company will inform the Client about the new Terms via a notification in the app, on their account or via e-mail. The Client will be entitled to withdraw the Service via e-mail within 14 days of receiving that information.