These Terms provide that with limited exceptions all disputes between you and Tarjimly arising out of or relating to these Terms or your use of the Service will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters covered by Section 17.3 of these Terms. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 17 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate most disputes with Tarjimly.
BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE.
Tarjimly provides a web app and web-based technology platform that enable users to request for language assistance, either over-the-phone or in person or with document (the "Platform"). Independent contractors can access the Platform and receive language assistance requests. Unless otherwise agreed by Tarjimly in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. You acknowledge that your ability to obtain language assistance through the use of the Services does not establish Tarjimly as a language service provider.
Tarjimly DOES NOT PROVIDE LANGUAGE SERVICES. INDEPENDENT CONTRACTORS (EACH "Translator") OFFER LANGUAGE SERVICES THROUGH USE OF THE SERVICE. Tarjimly OFFERS INFORMATION AND A METHOD TO OBTAIN LANGUAGE SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE LANGUAGE SERVICES OR ACT IN ANY WAY AS A LANGUAGE SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY Translator.
As provided in greater detail in these Terms, you agree and acknowledge these material Terms:
1. Account Access
You must be at least eighteen (18) years old to use the Service. By agreeing to these Terms, you represent and warrant to us: That you are at least eighteen (18) years old; That you have not previously been suspended or removed from the Service; and That your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
2. Accounts & Registration
2.1 Information We Collect When You Use Our Services
To access some features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, e-mail address, phone number or other contact information). You agree that the information you provide to us is accurate and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and any password for Facebook, Google, or other third party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Support Center.
3. Payment Terms
3.1 General Payment
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept an estimate of the fees that you will be charged. All fees are in U.S. Dollars. Tarjimly, at its sole discretion, may offer credits or refunds on a case-by-case basis; all credit and/or refund requests must be made within fifteen (15) days after the delivery was completed. Tarjimly may change the rates or other fees for any feature of the Service, including by adding fees, on a going-forward basis at any time. Tarjimly will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information. Tarjimly reserves the right to determine final prevailing pricing. (Please note the pricing information published on the website may not reflect the prevailing pricing.) Tarjimly, at its sole discretion, may make promotional offers with different features and different rates to any of our Beneficiaries. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for the Service at any time as we deem necessary for our business. We encourage you to check our website periodically to learn more about how we charge for the Service.
3.2 Delinquent Accounts
If payment for purchases on your account is delinquent, your account information may be sent to a collection agency / debt collector and you may be subject to a collection action, and payment of collection related fees and costs. If you have questions regarding an outstanding balance on your account, please contact us via our Help Center.
3.3 Cancelled Request
If you cancel your Tarjimly language assistance request, you may be charged depending on what stage the request was in when you cancelled. For over-the-phone language assistance, if you cancel the call request after Translators have been called, you will be charged a call booking fee. For in-person language assistance, if you cancel a request after Translators have confirmed the assignment, you will be charged a booking fee; if you cancel the request within 24 hours before the time of the assignment, in addition to the booking fee, you will be charged 25% of the service fee that the Translator attending to your request is supposed to receive. For document translation, if you cancel the request within 24 hours after the translating process has begun, you will be charged 25% of the fee; within 48 hours but after 24 hours - 50% of the fee and within 72 but after 48 hours - 75% of the fee. All charges include applicable taxes.
4. Third-Party Interactions
You may engage Translators through the Service to provide language services to you and may interact with those Translators. Any interactions or disputes between you and a Translator are solely between you and that Translator. Tarjimly and its licensors shall have no liability, obligation or responsibility for any interaction between you and any Translator.
5. Your Use of the Service
5.1 In order to use the Service, you agree to the following:
- The Service, including any content that forms part of the Service, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright
- You will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials
- Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without prior written authorization
- You agree not to bypass any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human use; You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Service account without permission
- You agree not to decipher, reverse engineer, decompile or disassemble the Service, or the software used to provide the Service, in whole or in part, or authorize, direct, or cause a third party to do so
- You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, or any portion thereof, unless and solely to the extent Tarjimly makes available the means for embedding any part of the Service
- You agree not to access, tamper with, or use non-public areas of the Service, Tarjimly’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Tarjimly’s providers
- You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data
- You agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Tarjimly is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Service
- You agree that your use of the App may incur third-party fees, such as fees charged by your Carrier for data usage, and may be subject to third-party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms
- You agree not to introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Service
- You agree not to do any of the acts described in this Section 6, or to assist or permit any person in engaging in any of the acts described in this Section 6.
6. Consent to Use of Data
7. Intellectual Property Ownership
The Service, and the media and materials contained in the Service, including all intellectual property rights in the Service, are the sole and exclusive property of Tarjimly and its licensors. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Tarjimly in these Terms are expressly reserved.
You may choose to, or Tarjimly may invite you to, submit comments, bug reports, ideas or other feedback about the Service ("Feedback"). By submitting Feedback, you agree that Tarjimly is free to use such Feedback at its discretion without any obligation to you. Tarjimly may also choose to disclose Feedback to third parties. You hereby grant Tarjimly a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
9.1 Text Messaging
By using the Services or Software, you agree that the Company and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. You will not be able to use the Services or Software without agreeing to receive operational text messages. You may opt-out of receiving marketing text messages at any time by sending an email to support tarjimly.org indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the messages. You may opt-out of receiving all text messages from Company at any time by deactivating your account or sending an email to support tarjimly.org indicating that you no longer wish to receive any text messages, along with the phone number of the mobile device receiving the messages. You may continue to receive text messages for a short period while the Company processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing texts is not a condition of any purchase or service offered by Company. If you change or deactivate the phone number you provided to Company, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number.
You agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
You are responsible for your use of the Service, and you agree to defend (at Tarjimly’s option) and indemnify Tarjimly and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: Your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or Any dispute or issue between you and any third party Tarjimly reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, Tarjimly may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without Tarjimly’s prior written consent.
11. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY TarjimlyTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Tarjimly MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. Tarjimly DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT THE SERVICE OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Tarjimly’S SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Tarjimly IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
12. Limitation of Liability
IN NO EVENT SHALL Tarjimly’S AGGREGATE LIABILITY EXCEED THE FEES ACTUALLY PAID BY YOU TO Tarjimly IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR $1000, WHICHEVER IS LESS. IN NO EVENT SHALL Tarjimly AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF Tarjimly AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES THE SERVICE CONNECTS YOU TO TranslatorS FOR THE PURPOSES OF FACILITATING LANGUAGE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Tarjimly may give notice by any means of communication reasonably anticipated to notify you of the information provided. By way of example only, such communication may be a general notice on the Service or via email to the email address listed on your Tarjimly account. It is your obligation to update your account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch. You may give notice to Tarjimly (such notice shall be deemed given when received by Tarjimly) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Tarjimly at the following address:
40 Royal Oak Ct
Mountain View, CA 94040
Attention: General Counsel
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
15. Term and Termination of Agreement
These Terms are effective until terminated by you or Tarjimly as described below. Your rights under these Terms will terminate automatically with or without notice from Tarjimly if you fail to comply with any of these Terms (including by violating any license restriction contained in these Terms). In addition, Tarjimly may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate these Terms at any time by closing your account, and ceasing use of the Service.
16. Dispute Resolution and Arbitration
Tarjimly is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, any Translator or other third party. Disputes between a user and Tarjimly are subject to this Section 17.
In the interest of resolving disputes between you and Tarjimly in the most expedient and cost effective manner, you and Tarjimly agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Tarjimly ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of the paragraph directly above, we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to: Bring an individual action in small claims court; Pursue an enforcement action through the applicable federal, state, or local agency if that action is available; Seek injunctive relief in a court of law; or To file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Tarjimly will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Tarjimly at support tarjimly.org.
16.4 Notice Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail ("Notice").
40 Royal Oak Ct
Mountain View, CA 94040
Attention: General Counsel
The Notice must:
- Describe the nature and basis of the claim or dispute
- Set forth the specific relief sought ("Demand")
We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Tarjimly may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Tarjimly must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
If our dispute is finally resolved through arbitration in your favor, Tarjimly will pay you the highest of the following:
- The amount awarded by the arbitrator, if any
- The last written settlement amount offered by Tarjimly in settlement of the dispute prior to the arbitrator’s award or $1,000
If you commence arbitration in accordance with these Terms, Tarjimly will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted:
- Solely on the basis of documents submitted to the arbitrator
- Through a non-appearance based telephone hearing; or
- By an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address
If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Tarjimly for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
16.6 No Class Actions
YOU AND Tarjimly AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Tarjimly agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If Tarjimly makes any future change to this arbitration provision (other than a change to Tarjimly’ address for Notice), you may reject the change by sending us written notice within 30 days of the change to Tarjimly’ address for Notice, in which case your account with Tarjimly will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
If Section 16.7 is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 20 will govern any action arising out of or related to these Terms.
17. Modification of these Terms
We reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service, except as set forth below. These Terms identify the date of last update. Your use of the Service following any such change constitutes your agreement to be bound by the modified Terms of Service. In the case of material changes to these Terms, we will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Service, or other similar mechanism.
Material changes to these Terms will be effective upon the earlier of:
- Your first use of the Service with actual notice of such change, or
- 30 days from posting of such change.
Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.
These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Tarjimly agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any dispute. We operate the Service from our offices in California, and we make no representation that materials included in the Service are appropriate or available for use in other locations. No joint venture, partnership, employment, or agency relationship exists between you, Tarjimly or any third-party provider as a result of the Terms or use of the Service.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Tarjimly to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Tarjimly in writing. This Agreement comprises the entire agreement between you and Tarjimly and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms.
19. Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service. You hereby represent and warrant that:
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country
- You are not listed on any U.S. Government list of prohibited or restricted parties. firstname.lastname@example.org