Traduki Services Agreement

Important – Read Carefully

Last modified: 02/25/2021

This Traduki Services Agreement (“Agreement”) between you (“You” or “Client”) and Traduki Technologies LLC (“Traduki”). The Agreement, together with any documents the Agreement expressly incorporates by reference, govern Your access to and use of Traduki Software (as further defined below, the “Software”).

Please read the Agreement carefully. By installing, using, or accessing the Software, and by clicking “I Accept” below, You accept and agree to be bound and abide by the terms, conditions, and limitations of this Agreement. If You do not agree to be bound by all of the terms, conditions, and limitations of this Agreement, You must not access or use the Software.

1. DEFINITIONS

1.1 “Services” shall mean the interpretation services that Traduki is providing to You using the Software.
1.2 “Client” shall mean the entity or individual to which Traduki is providing the Services
1.3 “Order Form” shall mean the document or other method (including, but not limited to, online or email order form) by which Client licenses use of the Software from Traduki.
1.4 “Software” shall mean all the software provided by Traduki, and each separate component of the foregoing, and any updates, upgrades or enhancements to the Software or any Software component provided to You by Traduki, including, without limitation, any support software provided to You by Traduki via the Internet, email or by any other means.
1.5 “VRI” shall mean video remote interpreting.
1.6 “OPI” shall mean over-the-phone interpreting.
1.7 “TPIN Interpreters” shall mean interpreters that are part of the Traduki Professional Interpreter Network (TPIN) (described below) that are (a) not paid directly by You and (b) part of a labor pool that is contracted by Traduki or Traduki’s affiliates. TPIN Interpreters are professionals held to an obligation of confidentiality.
1.8 “Client Interpreters” shall mean interpreters that are directly contracted by You. Client Interpreters are paid for their services directly by You. You may use the software to call Client Interpreters directly. Traduki is not responsible for paying Client Interpreters for their services

2. LICENSE GRANT

2.1 SOFTWARE LICENSE. The software is licensed, not sold. Subject to the terms of this Agreement, Traduki grants you the right to install and run the Software on devices (e.g., computers or mobile devices) only within the organization or entity specified in the applicable Order Form. The Order Form also specifies how many users and devices are permitted within Your organization or entity. You may only install and run the Software on the number of devices within Your organization or entity as specified in the applicable Order Form, and the Software may only be used by the number of users as specified in the applicable Order Form.
2.2 LICENSE RESTRICTIONS. Notwithstanding anything to the contrary herein, the license grants of Section 2.1 are subject to the following restrictions:
2.2.1 Representations. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Software, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Software.
2.2.2 Derivative Works. You may not modify or make derivative works of the Software, the documentation thereof, or any other component that may be included in the Software or provided with the Software, nor rent, lease or otherwise distribute the Software or the documentation thereof, except as expressly permitted in Section 2 of this Agreement.
2.2.3 Transfer of Rights. Except as expressly set forth in Section 2, You shall not assign, sublicense, rent or otherwise transfer Your access and use rights under this Agreement to the Software without the prior written approval of Traduki.
2.2.4 Reverse Engineering and Software Development. You may not reverse engineer, decompile, or disassemble the Software, directly or indirectly, in whole or in part. The Software shall only be used in accordance with the accompanying documentation and shall not be used for software development or any other purposes.
2.2.5 Ownership. All worldwide ownership of and all rights, title and interest in and to the Software, and all copies and portions thereof, including without limitation, all copyrights, patent rights, trademark rights, trade secret rights, inventions and other proprietary rights therein and thereto, are and shall remain exclusively in Traduki or Traduki’s affiliates. The only rights You acquire under this Agreement are the Software license rights set forth in this Agreement.
2.2.6 Other Restrictions. You may not use the Software to:
2.2.6.1 defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
2.2.6.2 conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail or multi-level marketing campaigns;
2.2.6.3 publish, post, distribute, disseminate or link to any: (i) defamatory, infringing, or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright, rights of privacy or publicity, or other proprietary rights, unless You own or control such rights or have received all necessary consents for Your use of such software and other materials;
2.2.6.4 harvest, collect or aggregate user names or email addresses for any purpose;
2.2.6.5 restrict or inhibit any other user from using and enjoying its rights with respect to Traduki or its website, interfering with or disrupting the Traduki website, the Traduki service servers or network connected to Traduki; or
2.2.6.6 violate any applicable government laws, rules or regulations.

 

3. THE TRADUKI PROFESSIONAL INTERPRETER NETWORK (TPIN)

The Services include a technology platform that enables clients to use Traduki’s mobile applications, landline phones, or Traduki’s website provided as part of the Services to get on-demand interpretation services with third party providers of such services, including independent third party interpretation service providers under agreement with Traduki or certain of Traduki’s affiliates. Third party interpretation service providers reserve the right to decline interpretation services to a Client contacted through the Software. You acknowledge that Traduki does not contract with, employ, hire, vet, qualify, manage or provide interpreters and is not responsible or liable for the conduct of interpreters that are answering calls or providing interpretation services via the Software.. Traduki makes no guarantee, representation or warranty that any on-demand OPI or VRI call placed via the TPIN for a supported language will be answered. Traduki reserves the right to change and update the list of supported languages for both OPI and VRI services at any time. In addition, You are able to route calls Client Interpreters and are not required to use a TPIN Interpreter.

4. FEES

4.1 You must pay the fees specified in the applicable Order Form. Such fees may include ongoing monthly or other periodic fees. Failure to pay such fees on time will result in shut down of Your accounts and use of the Software as specified in the Termination section of this Agreement.
4.2 Usage Fee Invoices and Payments: Payment for all usage fees are due by bank wire transfer, Automated Clearing House (ACH) bank transfer, or credit card within fifteen (15) calendar days of Traduki’s usage invoice. For the avoidance of doubt, checks are not accepted as a form of payment. All usage fees are invoiced monthly based on Your usage of the Software for each calendar month. If the monthly usage invoice amount is greater than five thousand dollars ($5,000), You will be required to enroll in Traduki’s ACH autopay. With ACH autopay, Traduki will automatically withdraw funds from Your pre-approved bank account two (2) business days after the invoice date. Interest at the lesser of 1.5% per month or the maximum amount permitted by law will be assessed upon all balances that are not paid by the payment due date.
4.3 Client Payment Guarantee: Client agrees to the payment terms in its Order Form.
4.4 Call Usage Pricing Changes: While pricing adjustments are not common or expected, Traduki has negotiated rates with its affiliates and TPIN Interpreters that are subject to change. Traduki reserves the right to adjust OPI and VRI rates to the Client with a minimum 15-day notice. Traduki will notify Client with at least a 15-day notice if any call routing rates will be changing and the details of those changes. The rates outlined on the Order Form are the initial rates being offered as part of this month to month agreement.
4.5 Service Shut Down: Traduki reserves the right to temporarily or permanently shut down Client’s access to the Software if Client has unpaid invoices that are past due.
4.6 Service Termination and Cancellation: This Agreement is month to month. Client reserves the right to cancel the partnership with Traduki at any time with a 30-day notice of cancellation. Traduki reserves the right to terminate the partnership with the Client for any reason with a 30-day notice.
4.7 Conference Call Fees: Conference calls placed outside of The United States, The United Kingdom, Canada and Australia may be subject to additional fees. The “Conference Calling” fee on the Order Form only covers conference calls placed within The United States, The United Kingdom, Canada and Australia.
4.8 2-Minute Minimum: Traduki does not charge Client for OPI or VRI calls lasting under thirty (30) seconds. All OPI or VRI calls lasting between thirty (30) seconds and two (2) minutes will be charged a minimum usage fee equal to a two-minute OPI or VRI call, respectively.

 

5. USE OF THE SOFTWARE AND TRADUKI WEBSITE AND SERVICES

5.1 Client is solely responsible for Client’s activities in using the Traduki website, Software and/or Services, including the activities of Your employees, contractors, customers, and all parties that Client allows to have access to the Traduki website, Software, and/or Services. Traduki may access Client’s account, including its data, to respond to service and/or technical problems or as stated in this Agreement. Furthermore, Traduki shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.
5.2 You represent that You, Your employees, contractors, customers, and all parties that You allow to have access to the Traduki website, Software, and/or Services are at least 18 years of age. If Traduki believes that any such party is less than 18 years of age, Traduki may prevent You from accessing the Traduki website, Software, and/or Services, terminate or suspend Your account, or otherwise limit or restrict Your use of the Traduki website, Software, and/or Services.

6. THIRD PARTY SOFTWARE

The Software may utilize or include third party software that is subject to open source and/or third party license terms (“Third Party Software”). Client acknowledges and agrees that its right to use such Third Party Software as part of the Software is subject to and governed by the terms and conditions of the open source and/or third party license(s) applicable to such Third Party Software, including without limitation any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this Agreement and the terms of such open source and/or third party licenses, the terms of the open source and/or third party licenses shall control only with regard to Client’s use of such Third Party Software. In no event shall the Software or components thereof be deemed to be “open source” or “publicly available” software.

7. FEEDBACK MECHANISM; SHUTDOWN MECHANISM

The Software is equipped with a feedback mechanism that allows Traduki to review Client’s use of the Software and communicates activity involving use of the Software back to Traduki. Traduki reserves the right to use such data to evaluate the Software usage and for any purposes which Traduki deems useful or appropriate. Client agrees that Traduki may collect and use technical data and related information, including but not limited to technical information about Your system, application software, and peripherals, that is gathered periodically to facilitate the provision of Software updates, product support, and other services (if any) related to the Software. The Software is also equipped with a shut-down mechanism by which Traduki may shut down Client’s use of the Software. Traduki reserves the right to use this shut-down mechanism at any time if Client breaches this Agreement, Client uses the Software in ways not permitted by this Agreement, and/or if Client fails to pay the applicable fees as specified in the applicable Order Form.

8. ACCESS RESTRICTION

Traduki reserves the right to deny any Client or any user, in its sole discretion, access to the Software or any portion thereof without notice. Client is responsible for safeguarding the confidentiality of password(s) and user name(s) created by Client for use with the Software, and for any use or misuse of the Client’s Traduki account resulting from any third party using a password or user name created by Client or any of its users. Traduki shall in no event be liable for any unauthorized access to any data stored using the Software or Traduki website.

9. CONFIDENTIALITY

9.1 Client acknowledges that the Software (including the ideas and expressions contained therein) is confidential, proprietary information and contains trade secrets of Traduki and its affiliates, and Client shall be strictly responsible and liable to preserve and protect the confidentiality thereof using at least the same degree of care as Client uses to maintain the confidentiality of its own most confidential information. Client agrees to reasonably communicate the terms and conditions of this Agreement to those persons employed by Client who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Software for the purpose of deriving the source code of the Software or to attempt to defeat any other built-in restriction in the code. Without Traduki’s prior written consent, which may be withheld in its sole discretion, Client shall not sell, transfer, publish, disclose, display or otherwise make available any portion of the Software, except as permitted herein. Client shall use its reasonable best efforts to cooperate with and assist Traduki in identifying and preventing any unauthorized use, copying or disclosure of the Software, the documentation thereof, or any portion thereof, or any of the algorithms or logic contained therein. These obligations will survive any termination of this Agreement or Client’s relationship with Traduki.
9.2 Notwithstanding the obligations as set forth above, the confidentiality obligations of Client shall not extend to information that: (a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than Customer; (b) was known to Client at the time of its disclosure and such knowledge can be proven by documentation; (c) is independently developed by Client; (d) is subsequently learned from a third party not under a confidentiality obligation to the providing party who did not learn such information in violation of a contract, license or other agreement; or (e) is required to be disclosed pursuant to court order, subpoena, or government authority, whereupon Client shall provide notice to Traduki and an opportunity to restrain such disclosure prior to such disclosure.
9.3 Client acknowledges that damages alone would not be an adequate remedy for the breach of any of the obligations set forth in Section 9. Accordingly, without prejudice to any other rights and remedies it may have, Traduki shall be entitled to the granting of equitable relief (including without limitation injunctive relief), without requirement to post bond, concerning any threatened or actual breach of any of the provisions of Section 9 by Client.

10. WARRANTY DISCLAIMER

THE SERVICES, SOFTWARE, THE TRADUKI WEBSITE AND ALL OF THE CONTENTS THEREOF ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY, AND TRADUKI HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO THE SERVICES, SOFTWARE, THE TRADUKI WEBSITE AND ALL CONTENTS THEREOF, THE ACCOMPANYING DOCUMENTATION, AND ANY ACCOMPANYING SUPPORTING MATERIALS OR OTHER MATERIALS RECEIVED FROM OR ON BEHALF OF TRADUKI AND/OR ANY AFFILIATE, AGENT, RESELLER, DEALER, DISTRIBUTOR, EMPLOYEE, CONTRACTOR OR REPRESENTATIVE OF TRADUKI. CLIENT EXPRESSLY ACKNOWLEDGES THAT THE WEBSITE AND/OR THE SOFTWARE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NO AFFILIATE, CONTRACTOR, EMPLOYEE, AGENT, RESELLER, DEALER OR DISTRIBUTOR OR REPRESENTATIVE OF TRADUKI IS AUTHORIZED TO MODIFY THIS LIMITED WARRANTY OR TO MAKE ANY ADDITIONAL WARRANTIES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

11. LIABILITY DISCLAIMER

TRADUKI SHALL HAVE NO LIABILITY FOR CONSEQUENTIAL DAMAGES. CLIENT IS SOLELY RESPONSIBLE FOR CLIENT’S USE OF THE SOFTWARE AND/OR TRADUKI WEBSITE, INPUTS INTO THE SOFTWARE AND/OR TRADUKI WEBSITE, VERIFYING THE RESULTS OF THE USE OF THE SOFTWARE AND/OR TRADUKI WEBSITE AND HOW THE OUTPUT FROM THE SOFTWARE AND/OR TRADUKI WEBSITE IS USED BY CLIENT. IN NO EVENT SHALL TRADUKI BE RESPONSIBLE OR LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LIABILITY ARISING OUT OF INSTALLATION OR USE OF THE SOFTWARE OR TRADUKI WEBSITE, WHETHER BY CLIENT, CLIENTS, USERS WITHIN CLIENT’S OR CLIENTS’ ORGANIZATIONS, OR OTHER AUTHORIZED USERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRADUKI BE LIABLE OR OBLIGATED TO CLIENT IN ANY MANNER FOR ANY SPECIAL, NON-COMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST DATA OR PROGRAMS, PRIVACY OF DATA OR PROGRAMS, UNAUTHORIZED ACCESS TO DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF TRADUKI IS AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, TRADUKI SHALL NOT BE LIABLE TO CLIENT IN AN AGGREGATE AMOUNT GREATER THAN $1,000 OR THE AMOUNT THAT CLIENT HAS PAID TRADUKI TO DATE, WHICHEVER AMOUNT IS LESS. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

 

12. INDEMNIFICATION

Client agrees to defend, indemnify and hold harmless Traduki, and its employees, officers, contractors, investors, directors, agents, representatives, licensors, licensees and affiliates from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from (a) installation or use of the Software or Traduki website by Client and/or any Client and/or any users authorized by either of the foregoing (“Authorized Users and Organizations”), including without limitation claims relating to loss or confidentiality of data or programs (b) any violation by Authorized Users and Organizations of any warranty, representation or covenant under this Agreement, (c) Authorized Users and Organizations’ violation of any third party rights, including, without limitation, infringement of any copyright, trademark or patent right, violation of any other proprietary right and invasion of any privacy or publicity rights, and/or the use or misuse of Client’s Traduki account by Client or any third party using Client’s password(s) and/or user name(s). These obligations will survive any termination of this Agreement or Client’s relationship with Traduki.

13. US GOVERNMENT RESTRICTED RIGHTS

If Client is the United States Government or is acquiring the right to access and use the Software on behalf of the United States Government, then the United States Government agrees that: (a) if the right to access and use the Software is acquired by or supplied to the Department of Defense (“DOD”), the Software shall be classified as “Commercial Computer Software” and the government is acquiring only “restricted rights” in the Software and its documentation, as defined in Clause 252.227-7013(c)(1) of the DFARS; (b) for any part of the United States Government other than DOD, the government’s rights in the Software or Traduki website and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, for NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.

14. TERMINATION

The license granted herein is effective until this Agreement is terminated. This Agreement shall terminate immediately, without notice, in the event Client (i) fails to comply with any of the terms and conditions set forth in this Agreement, (ii) ceases doing business, (iii) does not make any payments due within 45 days of the applicable due date, or (iv) ceases using the Software and notifies Traduki thereof. Traduki reserves the right to refuse service or deny Software access to anyone at its sole discretion and to terminate this Agreement upon 30 days’ written notice. Traduki will not and is not obligated to refund any part of the payment made by Client. Upon termination of this Agreement, Client must immediately (i) destroy all copies of the Software and the Traduki website documentation in Client’s possession, or (ii) return the Software and documentation according to the instructions of Traduki.

15. TRADEMARKS

All trademarks, services marks, designs and logos used by Traduki in connection with the Software, Traduki’s services and/or Traduki website are the trademarks or registered trademarks of Traduki. All other trademarks and/or service marks are the property of their respective owners.

 

16. COPYRIGHT MATTERS

Traduki respects the intellectual property of others, and Traduki asks Clients to do the same. Traduki reserves the right to disable the accounts of Client and/or users who Traduki believes to be infringing or otherwise violating the intellectual property, proprietary, or other rights of third parties and to remove any such infringing materials. It is Traduki’s policy to (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied, displayed or distributed by any of Traduki’s advertisers, affiliates, content providers, members or users; and (2) remove and discontinue services to repeat offenders.

17. GENERAL

These terms constitutes the full, complete understanding of the parties as to the subject matter hereof, and may not be altered or modified, except by written amendment which expressly refers to this Agreement and which is duly executed by Traduki and Your duly authorized representative. All prior representations, understandings and agreements between the parties regarding the subject matter hereof, whether written or oral, expressed or implied, are superseded and shall be of no effect. In the event of conflicting provisions between this Agreement and an Order Form or a duly executed collateral agreement , the Order Form or duly executed collateral agreement shall control. This Agreement shall be construed and governed in accordance with the laws of the state of Pennsylvania, without regard to conflict of law provisions. Any action related to this Agreement or the Software shall be brought exclusively in the state or federal courts of Pennsylvania, and the venue shall be the local Judicial District of Chester County or the United States District Court for the Eastern District of Pennsylvania, respectively.
Each party hereby agrees to submit to the jurisdiction of such courts. Client acknowledges that a breach of this Agreement will cause irreparable and continuing damage to Traduki for which money damages are insufficient, and Traduki shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including money damages if appropriate). In the event of litigation between Client and Traduki concerning the Software or any other item which is subject to this Agreement, the prevailing party in the litigation will be entitled to recover its attorneys’ fees and expenses from the other party. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. If any part of this Agreement is found void or unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. Client agrees that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export law, restrictions or regulations. No waiver by Traduki of any breach or default by Client of any of the covenants or agreements herein set forth shall be deemed a waiver as to any subsequent and/or similar breach or default.
The Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All rights reserved under the copyright laws of the United States.
The licenses provided under this Agreement are personal between Traduki and Client. This Agreement and the licenses provided hereunder shall apply to, inure to the benefit of, and be binding upon the parties hereto and upon their permitted successors in interest and permitted assigns. Client may not assign the Agreement or any licenses granted hereunder without written consent of Traduki.
The headings of the sections of this Agreement are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of this Agreement.
The parties agree that this Agreement is for the benefit of the parties hereto and is not intended to confer any rights or benefits on any third party, and that there are no third party beneficiaries as to this Agreement or any part or specific provision of this Agreement.
BY ACCESSING AND USING THE TRADUKI WEBSITE AND BY INSTALLING, ACCESSING AND USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE UNCONDITIONALLY THAT YOUSHALL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO EXECUTE THIS BINDING AGREEMENT ON BEHALF OF CLIENT.

18. OVER THE PHONE INTERPRETING (OPI) AUDIO RECORDING

Traduki has the ability to record audio of OPI calls placed in our platform. By default, Traduki does not record any calls through the Software, and Traduki will only enable the recording feature by request. Note that additional call rates will apply for any calls that are recorded. Traduki does not record VRI (Video calls) today.

 

19. YOUR COMMENTS AND CONCERNS

 

The Service is operated by Traduki Technologies LLC

All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to info@tradukitech.com.

Privacy Policy
Last modified: 02/25/2021

 

1. INTRODUCTION

Traduki Technologies, LLC, the Traduki platform or “we” or “us” and the associated Traduki websites were formed to create the world’s first truly unified interpretation management system and interpretation communication and delivery platform. The privacy of all of our partners, end-users and stakeholders – your privacy – is something we take extremely seriously. This policy details how we treat the personal information that we collect, what settings we provide for you to control how your information is used on Traduki, and how you can contact us with any questions or concerns. This policy is not a contract between Traduki and its users but is merely a recitation of Traduki policies.
This policy describes the types of information we may collect from you or that you may provide when you visit the websites Traduki.com or any of their affiliated websites (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. It also applies to information we collect: (a) in email, text, and other electronic messages between you and this Website; (b) through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website; (c) when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy; and (d) through any other sources associated with the Website.
The policy does not apply to information collected by: (a) us offline; or (b) any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using the Website, you expressly agree to this policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

2. GENERAL OVERVIEW

2.1 PERSONAL DATA COLLECTED FOR THE FOLLOWING PURPOSES AND USING THE FOLLOWING SERVICES:

2.1.1 Advertising

Facebook Ads, LinkedIn Ads, Google Adwords, AdSense, and Bing Ads
Personal Data: Cookies and Usage Data

2.1.2 Analytics

Clicky Analytics, Google Analytics, Google Tag Manager, Facebook Ads conversion tracking, Hotjar Form Analysis & Conversion Funnels, Google Analytics with anonymized IP, Display Advertising extension for Google Analytics, HubSpot Analytics and WordPress Stats

Personal Data: Cookies and Usage Data

2.1.3 Contacting the User

Contact form, Mail Chimp, SalesForce, Business Owner’s Trade Alliance
Personal Data: company name, country, email address, first name, last name, number of employees, phone number, state, various types of Data, website and ZIP/Postal code

2.1.4 Phone contact

Personal Data: phone number

2.1.5 Handling payments

Stripe

Personal Data: various types of Data as specified in the privacy policy of the service

2.1.6 Heat mapping and session recording

Hotjar Heat Maps & Recordings

Personal Data: Cookies, Usage Data and various types of Data as specified in the privacy policy of the service

2.1.7 Hosting and backend infrastructure

Amazon Web Services (AWS)

Personal Data: various types of Data as specified in the privacy policy of the service

2.1.8 Infrastructure monitoring

New Relic

Personal Data: various types of Data as specified in the privacy policy of the service

2.1.9 Interaction with external social networks and platforms

Twitter Tweet button and social widgets, LinkedIn button and social widgets, Google+ +1 button and social widgets and Facebook Like button and social widgets

Personal Data: Cookies and Usage Data

2.1.10 Remarketing and behavioral targeting

Google RLSA, Facebook Remarketing, LinkedIn Remarketing

Personal Data: Cookies and Usage Data

2.1.11 Facebook Custom Audience

Personal Data: Cookies and email address

3. CHILDREN UNDER THE AGE OF 18

Traduki’s Terms of Use require all account owners to be at least 18 years of age (or have the permission and supervision of a responsible parent or legal guardian). Accordingly, this policy does not discuss use of our Website or services by minors.

 

4. INFORMATION WE COLLECT ABOUT YOU

We collect several types of information from and about users of our Website, including information: (a) by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other information the Website collects that is defined as personal or personally identifiable information under an applicable law or any other identifier by which you may be contacted online or offline. Depending on which services you choose to use, Traduki may require additional information, such as a company name, billing information (including billing address, phone number, credit card information), a mobile telephone number, a physical mailing address, and/or payment information. In addition, Traduki may require information such as your tax ID, bank account information and/or credit card information in order to verify your identity and provide this service to you (collectively “personal information”); (b) that is about you but individually does not identify you, such as username or alias; and/or (c) about your internet connection, the equipment you use to access our Website and usage details.
We collect this information: (a) directly from you when you provide it to us; or (b) automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

 

5. INFORMATION YOU PROVIDE TO US

We may also collect information from you through our Website which may include: (a) information that you provide by filling in forms; (b) information provided at the time of registering to use our Website; (c) information when you enter a promotion sponsored by us; (d) information when you report a problem with our Website; (e) records and copies of your correspondence (including email addresses), if you contact us; (f) your responses to surveys that we might ask you to complete for research purposes; (g) details of transactions you carry out through our Website and of the fulfillment of your orders; (h) financial information before placing an order through our Website; (i) your search queries on the Website; and (j) visit or participation in our online community.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the community or transmitted to other users of the community or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages and you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

 

6. INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: (a) details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website; and (b) information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to: (a) estimate our audience size and usage patterns; (b) store information about your preferences, allowing us to customize our Website according to your individual interests; (c) speed up your searches; or (d) recognize you when you return to our Website.
The technologies we use for this automatic data collection may include: (a) Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website; (b) Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies; (c) Web Beacons. Pages of our the Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Traduki, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity); (d) Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google uses Cookies to help analyze the use of the Website. The information generated by the Cookie about your use of the Site is sent to a Google server in the United States and stored there. Please note, that your IP address will be truncated by our systems before sending the data to a Google server. Thereby you will remain anonymous as an individual user. Google will use this information to evaluate your use of the Site, compile reports on Site activity and provide other Site activity and internet related services. In addition, Google may also transfer this information to third parties if required by law or if third parties process the information on Google’s behalf. By using this Site, you consent to the processing of data about you by Google in the manner described and for the aforementioned purpose. More information about Google Analytics can be found here. See more about automatic data collection, cookies and opt-ing out in our Cookie Policy.
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

 

7. HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information: (a) to present our Website and its contents to you; (b) to provide you with information, products, or services that you request from us; (c) to fulfill any other purpose for which you provide it; (d) to provide you with notices about your license; (e) to carry out our obligations and enforce any rights arising from any contracts entered into on the Website, including for billing and collection; (f) to notify you about changes to our Website or any products or services we offer or provide though it; (g) to allow you to participate in interactive features on our Website; (h) in any other way we may describe when you provide the information; (i) for any other purpose with your consent; (j) we may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you; and (k) we may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

 

8. DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy: (a) to our subsidiaries and affiliates; (b) to contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them; (c) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Traduki’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Traduki about our Website users is among the assets transferred; (d) to fulfill the purpose for which you provide it; (e) for any other purpose disclosed by us when you provide the information; and (f) with your consent.
We may also disclose your personal information: (a) to comply with any court order, law, or legal process, including to respond to any government or regulatory request; (b) to enforce or apply our Traduki Services Agreement and other agreements; or (c) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Traduki, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

9. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Messages from Traduki:
– On occasion, Traduki will send you messages. The default required form of communication is email. However, we may choose to offer additional ways to reach you, such as through text messaging (SMS) or physical mail. By using Traduki’s site, you hereby agree that you have provided prior express written consent to receive messages, whether email or SMS, and acknowledge that you have an established business relationship (EBR) with Traduki. You may opt out of these messages by contacting Customer Service.
– Some messages from Traduki are service-related and required for customers. Examples of service-related messages include, but are not limited to: a welcome/confirmation email when you register your account, notification of an order, or correspondence with Traduki’s support team. These messages are not promotional in nature. You may opt out of these messages by contacting our support team: support@Traduki.com.
– As a customer, Traduki may also send you messages related to certain features on the site or your activity. Traduki may also send you news or updates about changes to our site or services. By default, members will receive these messages via email, but you may choose to opt-out of getting certain emails under your account settings. You may opt out of these messages by contacting our support team: support@Traduki.com.
– Traduki offers optional email newsletters. You must opt-in or subscribe to begin receiving newsletters, and subscription is available to both members and non-members. Members may subscribe or unsubscribe from optional newsletters under your account settings or by following the instructions contained in the newsletter emails. Non-members may subscribe by providing an email address, which will only be used by Traduki for these newsletters. Non-members may unsubscribe from newsletters by following the instructions contained in the newsletter emails.

 

10. ACCESSING AND CORRECTING YOUR INFORMATION

You can review and change your personal information by logging into the Website and visiting your account profile page.
You may also send us an email at compliance@Traduki.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

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11. THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

 

12. DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and other sensitive information will be encrypted using secure socket layer (SSL) technology. Traduki follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once Traduki receives it.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

 

13. DATA RETENTION

Traduki will retain your information for as long as your account is active or as needed to provide you services. If you no longer want Traduki to use your information to provide you services, you may close your account. After closing your account, Traduki will solely retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

14. CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our privacy policy on this page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

 

15. DATA BREACH

If you suspect a data breach, please contact us at compliance@Traduki.com or by contacting us by phone.

 

16. CONTACT INFORMATION

If you have questions or suggestions you can contact us, by sending an email to info@tradukitech.com.