Memsource Cloud - Terms of Service

From Memsource
Revision as of 17:44, 11 June 2017 by Memsource (talk | contribs)
Jump to: navigation, search

Introduction

Thank You for Your interest in Memsource Cloud. Please read carefully through these Terms of Service, which constitute a legally binding agreement between You and Memsource, before using our software.

Definitions

Memsource Cloud is a subscription-based service through which Memsource provides its translation server software, including Memsource Editor, Memsource Web Editor and related documentation.

Memsource a.s. (hereinafter referred to as “Memsource” or “We”) is a private limited company incorporated under the laws of the Czech Republic with its registered office at Spalena 51, Prague 1, entered in the Commercial Register, Section B, Entry No. 20324, maintained by the Municipal Court in Prague, Czech Republic.

You are an individual or a legal entity for which you are accepting this Agreement, and affiliates of that entity. If You use Memsource Cloud on behalf of a company or another legal entity, You attest that You have the authority to legally bind such an entity to these Terms of Service.

Your Content is any content that you upload, submit, store or send to Memsource Cloud.

Output is any content that you download, receive or copy from Memsource Cloud.

User is an individual who is authorized by You to use the Memsource Cloud service, for whom You have ordered the Service, and to whom You (or We at Your request) have supplied a user identification and password.  

Registration

In order to use Memsource Cloud, You must register via the Memsource Cloud sign-up page When registering, You must use your real name. You must not use a false identity, impersonate others or otherwise misrepresent your identity.

Your Acknowledgement

You acknowledge that these Terms of Use are binding for Your use of Memsource Cloud. By using Memsource Cloud You express Your understanding and agreement to these Terms. All copyright and/or know-how and/or any other intellectual property rights in relation to Memsource Cloud shall become and remain the sole and exclusive property of Memsource and You shall have no claim to it. You acknowledge that Memsource reserves the right to modify these Terms of Use from time to time but such changes will not apply retroactively.

Memsource Cloud Subscription Fee

Upon your payment of a subscription fee to Memsource or when using a free version of Memsource Cloud, Memsource grants You a personal, non-exclusive, time limited, non-transferable and revocable license to use Memsource Cloud, for as long as You comply with these Terms of Service. All rights not expressly granted in these Terms of Use are reserved. You acknowledge that You are fully responsible for a timely payment of all subscription fees for Memsource Cloud in line with Your subscription plan. It is Your responsibility to comply with any obligations to pay any taxes and charges, arising from Your subscription to Memsource, in addition to the subscription fee, should You become subject to such obligations in Your home country.

If You are a natural person residing in the Russian Federation (and you are not a legal entity or a natural person - entrepreneur), You are not allowed to purchase any of Memsource's paid subscription plans.

Your Responsibilities

You acknowledge that You are fully responsible for Your use of Memsource Cloud, including responsibility for compliance with all laws and regulations that are applicable to You or the content You use in connection with Memsource Cloud. You may not use Memsource Cloud in any unlawful manner or in any other manner that could damage, disable, or interfere with or reverse engineer Memsource Cloud. Memsource may, at its sole discretion, adopt rules for permitted and appropriate use of Memsource Cloud and may update them from time to time. These rules shall form an inseparable part of these Terms of Use. Memsource reserves the right to suspend or terminate provision of its services immediately to any User, whose activity disrupts, causes harm to Memsource Cloud infrastructure, or violates these Terms of Service incl. the obligation to pay a subscription fee in line with the User’s subscription plan.

Fair Use Policy

Memsource does not limit Your use of Memsource Cloud in most of its subscription plans and expects that Your use will be fair. For the purpose of these Terms of Service, Your use of Memsource Cloud is fair if it does not exceed the fair use allowance. The fair use allowance is a word count volume calculated in the following way: 1,000 source words in newly created jobParts for each USD 1 (one US dollar) of Your subscription fee. For instance: If Your monthly subscription fee is USD 500, then your monthly fair use allowance is 500,000 (five hundred thousand) source words in newly created jobParts per month. Should your word volume exceed the volume defined as fair use in any three-month period by more than 20%, Memsource has the right to initiate a re-negotiation of the subscription terms with You. If no agreement is reached between You and Memsource within 30 days, Memsource may terminate Your account with a 60-day notice period during which You may use Your account in line with these Terms of Service and respecting the fair use policy.

User Access

Memsource Cloud services are subject to usage limits. Unless otherwise specified, Memsource Cloud may not be accessed by more than the number of purchased Users; a User’s password may not be shared with any other individual; and a User identification may be reassigned to a new individual only if it replaces another user who no longer requires ongoing use of the Memsource Cloud service.

Liability

Memsource Cloud and the related documentation are provided by Memsource “as is” on a commercially reasonable basis and without warranties of any kind either expressed or implied.

Although Memsource strives to provide quality services to You, Memsource does not provide any warranty that Memsource Cloud will be error-free and uninterrupted.

Memsource does not provide any warranty that Memsource Cloud Output (incl. translation memory pre-translated, machine translated or otherwise translated documents) will be error-free and correct. You are solely responsible for the final correction of Memsource Cloud Output and its use. Memsource is not liable for any direct, indirect, incidental, special or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Memsource has been advised of the possibility of such damages) arising out of or in connection with Your use of Memsource Cloud.

You acknowledge that We do not warrant that the use of Memsource Cloud will be error-free and uninterrupted. We therefore assume no liability for non-operability or impaired accessibility of Memsource Cloud due to, but without limitation to, technical difficulties, dependence on the services of third parties and other reasons out of the scope of our control.

Although Memsource periodically backs up data in Memsource Cloud, You are solely responsible for creating backup copies of any of Your content that You submit to Memsource Cloud.

Your Content

Keeping Your Content private, confidential and secure, is our utmost priority. Your Content submitted to Memsource Cloud will remain Your sole property, including the translations of Your Content. Memsource will not use Your Content for any purpose other than to inform You of and provide You with Memsource Cloud services and to enhance Memsource's services and product offerings.

Security

Memsource is ISO-certified and the Memsource Cloud application has been audited by independent security consultants. Please refer to our Security Statement for more information on security.

Privacy policy

You give Us consent to collect and process Your personal data by registration in and/or using Memsource Cloud. Memsource may process personal data obtained from You during the registration process, including first and last names, an email address and a password for the purposes of providing Memsource Cloud, communicating with You and enhancing the quality of Memsource Cloud. You give us consent to use cookies and other similar common tracking features when visiting a Memsource website. Memsource may also process data for statistical reporting, analysis and productivity purposes. The provision of Your personal data is voluntary, but their provision is a necessary condition for providing Memsource Cloud.

Memsource shall process Your data in accordance with Czech Act No. 101/2000 Coll. on the Protection of Personal Data as amended by electronic means after collecting them via registration. We took great concern in securing a high level of protection of Your personal data from unauthorized disclosure while developing Memsource Cloud. Memsource shall process Your data, which serve the above-mentioned purpose solely, not longer than 5 years from Your valid registration and shall not collect data for any other purposes.

Memsource will not share personally identifiable information with any third party without Your express consent or unless compelled by applicable laws.

You have the right to request information concerning the processing of Your personal data and we will provide You with such information without undue delay.

You shall not be denied the right to access Your personal data, the right to have Your data corrected or the right to ask for an explanation from Us, should You have any doubt concerning the way Your data are processed. In such cases of doubt or presumed contradiction with the law or issues about Your protected interests, You may require Us to remedy the issue, in particular blocking, correcting, supplementing or liquidating Your personal data.

Apart from resolving Your request with Us, You are also entitled to appeal directly to The Czech Office for Personal Data Protection.

You agree that We can send You electronic notifications about important changes and updates concerning Memsource Cloud. You further give Us consent to send You commercial communication about products or services of Memsource or third parties. You may opt out from receiving communication from Us, following the appropriate opt-out instruction in our communication. However, communication related to fundamental aspects of Memsource Cloud, such as important products, legal, technical and service maintenance information will be sent to all Users.

Thank You for using Memsource Cloud.


Terms of Service version: 2.3

Effective as of: 11 June 2017