Terms And Conditions

Review Date: October, 2023

Purpose

Mighty Translations LLC ("We," "us," ,'Mighty Translations', "our") provides its services (the “Service(s)”) to you through its website MightyTranslations.com ("Site"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service," “Terms”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time.

Any changes will be posted on this page including the most recent revision date. We will also notify you, either through the user interface, in an email notification or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Site.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Site or provided to you from time to time, including, without limitation, the Privacy Policy located here. All such terms are hereby incorporated by reference into these Terms of Service.

Translation And Interpretation Content Policy

We do not provide translation nor interpreting services for the following types of content:

• Texts or discussions that require creativity or where brand image is at stake
• Safety-critical texts, material, or discussions where human life may be at risk in case of error
• Texts or discussions that contain profanity or sexually explicit material

No refunds or translations will be given for these types of translation or interpreting requests.

Services Description

Our Service(s) are designed to provide accurate and efficient interpretations, translations, synthesis, write-ups, and proofreading from the specified source language into the specified target language ("Translation(s)”) by the means of human translators or interpreters, or automatic machine processing for synthesis and proofreading services (“Service Providers”). You place an order for one of our Services(s) by submitting an electronic order form on the Site and completing the payment. After placing an order, you cannot make changes to the order and, only for certain orders, can resort to order cancelation.

Use of our Service - All Users

Registration

In order to access and use certain features of our Service(s) concerning interpretations, translations, synthesis, write-ups, and proofreading, you may be required to register an account. Unregistered visitors may access only guest-tailored Service(s). If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by our registration form. The information that we collect shall be governed by our Privacy Policy.

Those under 13 years of age are not authorized to use this Site or our Service(s), with or without registering. In addition, if you are under 18 years old, you may use the Service(s), with or without registering, only with the approval of your parent or guardian.

Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. We will not be liable for any loss or damage arising from your failure to safe-keep your credentials.

Modifications to Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service(s) (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service(s) (or any part thereof).

Use and Storage

You acknowledge that we may establish general practices and limits concerning use of the Service(s), including without limitation the maximum period of time that documents, data or other content will be retained by the Service(s) and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any documents, data or other content maintained or uploaded by the Service(s). You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

User Conduct

You are solely responsible for all documents, information, data, text, images, software, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via one of the Service(s). We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Service(s), suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service(s) to email, discuss, share, or otherwise upload any content that:

• (i) infringes any intellectual property or other proprietary rights of any party;
• (ii) you do not have a right to upload, share, or discuss under any law or under contractual or fiduciary relationships;
• (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site;
• (iv) poses or creates a privacy or security risk to any person;
• (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities or any other form of solicitation;
• (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable;
• (vii) in the sole judgment of MightyTranslations.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Service(s), or which may expose MightyTranslations.com or its users to any harm or liability of any type;
• (viii) interfere with or disrupt the Site, Service(s) or servers or networks connected to the Site or Service;
• (ix) violate any applicable local, state, national or international law, or any regulations having the force of law;
• (x) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• (xi) harvest or collect email addresses or other contact information of other users;
• (xii) promote criminal activity;
• (xiii) obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service(s).

Intellectual Property Rights

Service Content, Software and Trademarks:

You acknowledge and agree that the Service(s) may contain content or features (collectively "Intellectual Property") protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by MightyTranslations.com, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service(s) or the Intellectual Property, in whole or in part, except that the foregoing does not apply to your own Content that you legally discuss, share, or upload to any of the Service(s). In connection with your use of the Service(s) you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service(s) or our Intellectual Property other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service(s) or distributed in connection therewith is our property, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by us.

Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks or service marks displayed on the Service(s), without our prior written consent in each instance. All goodwill generated from the use of our Marks will inure to our exclusive benefit.

Third Party Material:

MightyTranslations.com shall not be liable in any way for any content or materials of any third parties (including users, translators, interpreters, editors, and reviewers), including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. We reserve the right, although not obligated to, in our sole discretion to refuse or remove any content that is available via our Service(s). Without limiting the foregoing, we will have the right to remove any content that violates these Terms or is deemed by us, in our sole discretion, to be otherwise objectionable.

You agree that you must review and bear all of the risks and any damages associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content that may have been subject of our Service(s).

Your Content:

With respect to content or other materials that you upload through the Service(s) or share with other users, recipients, or Service Providers (collectively, "User Content"), you represent and warrant that you own (or have sufficient rights to) all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading or discussing any User Content you hereby grant and will grant MightyTranslations.com and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service(s) on your behalf, in any form, medium or technology now known or later developed. This license also includes using any User Content and corresponding write-ups, modifications, and translation text to enhance, refine, and improve MightyTranslations.com’s services.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about our Service(s) ("Submissions"), provided by you to MightyTranslations.com are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

• (a) comply with legal process, applicable laws or government requests;
• (b) enforce these Terms;
• (c) respond to claims that any content violates the rights of third parties;
• or (d) protect the rights, property, or personal safety of MightyTranslations.com, its users and the public.

You understand that the technical processing and transmission of the Service(s), including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Confidentiality

We will use reasonable measures to protect any content you provide to us for the purpose of completing the Services. We will not, without your prior consent, disclose to any third party your Content, other than furnishing such information to our directors, officers, employees, agents, consultants, service providers, contractors, representatives or affiliated entities who need to have access to such Confidential Information in accordance with the offered Service(s). We may be required to disclose information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. Although we will use reasonable means to safeguard your information, we cannot and do not provide any guarantees regarding the effectiveness of the security we employ or our ability to prevent third parties, acting unlawfully, from obtaining information that you provide to us. We cannot and do not guarantee that any information provided to us by you will not become public under any circumstances. You should appreciate that all information submitted on the Site might potentially be publicly accessible.

Copyrights

You agree to be solely responsible for the use of our Service(s) and shall be solely responsible for abiding by all copyright. We shall not be responsible for any infringements of copyright laws by you or the content you have provided us for completion of the Service. You shall not hold us liable for copyright infringements through any use of us delivering our Service(s) or through your use of any copyrighted material unbeknownst to us.

Use of our Service - Clients

Businesses & Organizations

When you, or anyone with access to your account, adds a user under your organization or business account, you agree to assume all financial responsibility and pay for all transactions, orders placed, and Service(s) used by such account from the time that the user is added under your account until the user is removed from your account and disassociated with your organization.

You accept and agree to all automatic charges to your primary credit or debit card payment method on your account for any and all orders placed by you or your organizations users, and that if your primary payment method is found to have insufficient funds that you accept and agree to all means used by us to recoup the payments owed to us, which may include but is not limited to using other payment methods in your account, or charging payment methods that will be added to your account in the future.

Payment Methods

When you pay for an order, use a new payment method, or add a new payment to your account you agree to us securely and safely saving your payment method information to make real-time, future, or automatic charges to any of your payment methods for costs owed to us by you, or any of your organizations users - if applicable to you.

Fees & Payment

Payment may be required in order to use some aspects of our Service(s). Payments will be processed through a third-party payment processor and you agree to abide by their terms and policies.

You agree to pay us the amount that is specified in the order form when ordering one of our Service(s), or when a user under your organization places an order for one of our Service(s), and in the event that you, or a user under your organization, are soliciting and acquiring Live Interpreter services you agree to pay the per minute rate for the minutes used in such Interpreter call (with any second after any full minute counting as and being charged as another full minute).

In the event that you start or order a pay-as-you-go Service, such as Live Interpreting, and do not fullfil your obligation to pay for the used Service due to lack of funds in your primary payment method, or for any other reason, you agree to all means used by us in recouping the amount owed to us, including but not limited to using other payment methods in your account, or payment methods that will be added to your account in the future.

Delivery & Acceptance of Order

The delivery date on the Site shall be provisional provided for information purposes. We will notify you immediately if we are unable to meet a specified deadline.

All dates provided for the delivery and completion of any Service(s) ordered are approximate and not guaranteed. Time is not of the essence for delivery or performance, and no delay shall entitle you to reject delivery of any of the Service(s) ordered. We will not be liable in any circumstances for the consequences of any delay in delivery or performance of the Service. All risk in the delivered Service(s), including interpretations, translations, synthesis, write-ups, and proofreading, shall pass to you.

In the event that you are not satisfied with our Service(s), you may chat our Live AI Support bot, requesting a refund, and it will take into account our policies while it evaluates the capability in processing your refund, and will proceed to refund you if it satisfies our refund policy.

Cancellations

In the event that you placed an order on accident, or for whatever other reason you wish to cancel your order, you have the capacity to do so only if your Order is not for an AI-based Service(s), such as our synthesis, write-ups, or proofreading, and if the order status is still explicitly marked as "Processing." Once an order has transitioned out of the "Processing" phase, it is considered locked for fulfillment or fulfilled, and cancellation requests will no longer be accepted.

In the event that your order satisfies this cancellation policy, and you seek to proceed in canceling your Order, chat with our Live AI Support bot and request such order cancellation.

Cancellations can take 10-14 Business Days to be fully processed and for the money to be returned to your original method of payment.

Refunds

In the event that you are not satisfied with your order DUE to correctional, you have the capacity to request a refund only if your last four orders don't equal to 1/3 or more of such orders having been Refunded and if less than 7 Days have passed since the order was delivered.

In the event that your order satisfies this Refund policy, and you seek to proceed in refunding your Order, chat with our Live AI Support bot and request such order Refund.

Refunds can take 10-14 Business Days to be fully processed and for the money to be returned to your original method of payment.

Use of our Site - Translators & Interpreters

Independent Contractor

You as an Interpreter or Translator (hereinafter "Service Provider") acknowledge and agree that you are performing services as an independent contractor and not as an employee, agent, partner, or joint venturer of Mighty Translations. Nothing in this Agreement shall be construed to create an employer-employee relationship.

You as a Service Provider understand that you are not entitled to any employee benefits provided by Mighty Translations, including but not limited to health insurance, paid time off, retirement plans, workers' compensation, or unemployment insurance.

You as a Service Provider assume exclusive responsibility for the payment of all applicable taxes, including local, state, and federal income taxes, self-employment taxes (Social Security and Medicare), and any other statutory withholdings required by law. Mighty Translations will not withhold any taxes from the Service Provider's compensation (unless you have checked that you are subject to backup tax withholding on your accounts required tax form) and will issue a Form 1099 (or equivalent local tax form) where required by law.

If you are a Foreign Worker (A non US Person) then you understand that you cannot register a Service Provider account with us unless you agree and guarantee that all Service(s) provided by you will be provided and Serviced entirely outside of the United States and on foreign soil.

As an independent contractor, the Service Provider retains the right to determine the manner and means by which the services are performed, subject to the quality standards and deadlines set forth by Mighty Translations. The Service Provider is responsible for providing their own equipment, software, and workspace necessary to complete the assignments.

The Service Provider has no authority to enter into contracts, assume any obligations, or make any representations or warranties on behalf of Mighty Translations without prior written consent.

Paid on Client Satisfaction

As a Service Provider you understand that compensation for Service(s) rendered is not earned until the expiration of a 7-day Quality Assurance (QA) window. This window commences once the Service Provider delivers the Service(s) and uses their account to mark the order as Complete. During this period, Mighty Translations reserves the right to withhold or reverse credits if the order is subject to a refund, cancellation, or Service Provider reassignment. Such actions may be taken at our sole discretion if the work is deemed unsatisfactory by the Client or if the work contains material errors. If an order is refunded, or re-assigned to a new Service Provider to rectify errors or complete the task, the original Service Provider waives all rights to compensation for that specific order.

As a Service Provider you understand that account balances are not definitive, and are only payable upon successful enablement of PayPal email to the account, the completion of the required tax form on the account, and upon the satisfaction of all requisites defined in the Payouts & Withdrawals section.

Payouts & Withdrawals

You as a Service Provider understand that in order to receive your payouts you must successfully provide your true and accurate paypal email address, complete all required tax form on your account, and pass all QA tests and time frames before any payout can be made for such orders in question.

You understand and agree that all balances that have passed all required QA checks will be paid out on Fridays with on a Weekly payout basis.

If you are subject to tax withholdings on any, and or all, Income you earn, you understand and agree to tax deductions on your weekly payouts and that the final amount received by you will be thee remaining balance after all tax deductions have been made.

Disclaimer of Warranty

YOU AGREE THAT USE OF COMPANY'S SERVICES AND THE SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT WE DO NOT POSSESS SUFFICIENT EXPERTISE TO PROVIDE SERVICES ITSELF OR EVALUATE THE ACCURACY OR COMPLETENESS OF TRANSLATIONS, FOR THAT WE ENGAGE SERVICE PROVIDERS TO PERFORM THE SERVICES. NEITHER COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTIES REGARDING WHETHER OR NOT THE SERVICES MEET YOUR REQUIREMENTS OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OBTAINED FROM THE SITE.

THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY COMPANY IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY DOCUMENTS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($ 100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Indemnification & Release

You agree to defend, indemnify and hold harmless Company, any parent company, officers, directors, employees and agents, from and against any and all claims and expenses, including but not limited to reasonable attorneys’ fees, arising from your use of the Site and any Translations ordered by User in connection with the Site.

To the extent the law permits, you release us from any and all claims or liability related to the Service, including but not limited to, any action or inaction of a translator/editor, service provider’s failure to comply with applicable law, and failure to accurately perform a service. You agree that you are solely responsible for your interactions with any other user in connection with the Service and we will have no liability or responsibility with respect thereto.

Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through MightyTranslations.com. It is your responsibility to evaluate the accuracy, completeness of Translations available through our Site and Services.

If you are a California resident, you agree to waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you agree to waive any comparable statute or doctrine.

Governing Law/Jurisdiction

All relations shall be governed, construed, and interpreted by, through and under the laws of the State of Delaware, without giving effect to its principles of conflicts of law. In case any claims or disputes arise, they shall be solved in the state and federal courts located in the State of Delaware.

Termination

The term of this Agreement begins on the date which you accept and agree to this Agreement. You agree to be bound by this Agreement by submitting an electronic order form for Translations or by subscribing to a monthly or annual plan. You agree that we may suspend, terminate or discontinue the Site at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice. We reserve the right to immediately terminate or suspend any User accounts or passwords in the event that User violates any of the terms and conditions of this Agreement or engages in any conduct which we, at our sole discretion, consider it to be unacceptable. In the event of any termination, you will immediately cease access to the Site and Services. You agree that MightyTranslations.com will not be liable to you or any third-party for any termination of your access to the Service.

Electronic Communications

For contractual purposes, you consent to receive communications from us in an electronic form, and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

General

This Agreement, together with the Privacy Policy at www.MightyTranslations.com/legal constitute the entire agreement between you and Us.

You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights hereunder to any third party.

At any time, we may, in our sole discretion and without providing notice or obtaining your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.

Contact Information

You may contact us at the following email address: legal@MightyTranslations.com or through the contact form on the Site.