Terms of Service

Last updated on July 26, 2023

Acceptance of the Terms of Use

These Terms of Use (“Terms”) are entered into by and between you and Linguistic Inc. (“Linguistic,” “we,” or “us”). The following Terms govern your access to and use of https://www.linguistic.io/ (the “Site”) and any content, functionality, products, and services offered or sold on the Site (collectively the “Services”), whether as a guest or a registered user.

THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIAL OR CLASS ACTIONS.

Please read the Terms carefully before you start to use Services. By using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Site or Services.

Changes to the Terms of Use

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site and Services thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.

Your continued use of the Site and Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Age Requirements

Our Site and Services are offered and available to users who are 18 years of age or older. By using the Site or Services, you represent and warrant that you are of legal age to form a binding contract with us and you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site and Services.

License Grant

Subject to the terms and conditions of these Terms, we grant you a limited, non-exclusive, personal, nontransferable, non-sublicensable, noncommercial right and license to: (1) access and use the Site; and (2) view and use the Services, including, without limitation, the products and services made available on or through the Site. No other right or license of any kind is granted to you hereunder with respect to the Services. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark, trade secret or other intellectual property right, except as expressly provided herein. If you want to make commercial use of any of the Services, you must enter into a separate written agreement with us in advance. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with these Terms.

Accessing the Site

We reserve the right to withdraw or amend our Site and Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site or Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Site and Services we offer.

You are responsible for making all arrangements necessary for you to have access to the Site, and Services, and for ensuring that all persons who access the Site and Services through your internet connection are aware of these Terms and comply with them.

You acknowledge that all information you provide to register on our Site and Services or otherwise, including, but not limited to, through the use of any interactive features on the Site is governed by our Privacy Notice, and you acknowledge all actions we take with respect to your information consistent with our Privacy Notice.

Account Security

You may be required to create an account to access or use certain portions of our Site and Services. When you create an account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current or complete. You also acknowledge that your account is personal to you and agree not to provide any other person with your user name, password, or other security information.

You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights

The Site and Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and our Site and Services are owned by Linguistic, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use our Site and Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services. You must not access or use for any commercial purposes any part of the Services we provide.

If you copy, modify, download, or otherwise use or provide any other person with access to any part of the Site or Services in breach of the Terms, your right to use the Site and Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site and Services or any content on the Site and Services is transferred to you, and all rights not expressly granted are reserved by the Linguistic. Any use of the Site and Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

The Linguistic name, and all related names, logos, product and service names, designs, and slogans are trademarks of Linguistic or its affiliates or licensors. You must not use such marks without the prior written permission of Linguistic. All other names, logos, product and service names, designs, and slogans on the Site and Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Site and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Site and Services:

Additionally, you agree not to:

Reliance on Information Posted

The information presented on or through the Site and Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services or by anyone who may be informed of any of its contents.

The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Linguistic, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Linguistic. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Information You Provide

You agree to read our Privacy Policy, which explains what type of information we collect and what might happen to that information, including, without limitation, how such information is shared and used. Although our Privacy Policy is not a legal agreement, and creates no contractual obligations, it contains information that you should review prior to using the Services. Our Privacy Policy will apply to the information we collect, whether or not you choose to read it. You are not required to create a user account or provide any personal information in order to visit our website. You are required to create a user account, however, to use the Services. If you choose to create a user account, you must provide certain current, complete, and accurate information about you, as requested during the registration process (“Registration Data”), and you must maintain and update such Registration Data to keep such information current, complete and accurate. You warrant that your Registration Data and all of the other information that you provide to us will be truthful, accurate, and complete, and that you are authorized to provide such information. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in our sole discretion, to suspend or terminate your user account and your access to the Services.

If you choose to create a user account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You may not share your password or other account access information with any other party, temporarily or permanently, and you agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account, Registration Data or passwords, as the case may be. We reserve the right to refuse service and/or terminate user accounts in our sole discretion.

If you choose to send us any message, feedback or data, including, but not limited to, any ideas, comments, suggestions or questions regarding any product or service, such information shall be deemed to be non-confidential. We shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such ideas, concepts, know-how or techniques. The Services may enable users to share, save or post information or materials, or to communicate with or otherwise share information with other users or persons. You agree not to share, save, submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, indecent, illegal or otherwise objectionable material, or any material that violates any federal, state, or local law in the United States or anywhere else in the world. You are solely responsible for all information which you share, save, submit, publish, display, disseminate or otherwise communicate through the Services, even if a claim should arise after termination of service. You agree that all such content, messages and other communications shall not be deemed to be private or secure, and that any such content, messages and communications can be read by the operators and/or other agents of Linguistic, whether or not they are the intended recipients. If we or any other person asks you to cease and desist from sharing any videos, articles or other content with any third party, or to cease communicating with any third party via the Services, you agree to comply with such request immediately.

Content You Upload

The Services permit you to upload text-based content directly or via a URL (“Your Content”) for the purpose of applying our technology to assist you in your learning journey. You represent and warrant that you have the necessary rights to upload Your Content or that your uploading of Your Content qualifies as a “fair use” under relevant copyright law. You will indemnify us for any copyright infringement claims arising from Your Content as described in the Indemnification provision below. If we receive a request pursuant to the Copyright Infringement section below, we will immediately comply and remove from the Services any of Your Content alleged to infringe a third-party’s rights. Finally, by uploading Your Content to the Services, you grant us a nonexclusive, irrevocable, transferrable, sublicensable, royalty-free right and license to reproduce, display, transmit, modify, and create derivative works of Your Content, including the right to use Your Content to train or fine-tune AI algorithms and models that we use to provide the Services.

The videos, articles and other content made available on third-party websites may be protected by copyright and other applicable laws. Some content may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the copyright holder, except to the extent allowed under the “fair use” provisions of the U.S. copyright laws, other limitations on exclusive copyrights in the U.S. copyright laws, or comparable provisions of foreign laws. Other content may have re-use permissions attached. Please refer to the website you were visiting when you saved such content for information that may be applicable to such content.

You represent and agree that the Services will be used solely for your personal-noncommercial use with respect to content of websites that you have the lawful right to access, and that the Services will not be used in violation of the restrictions posted on the website where such content was published. Some websites include security measures designed to prevent access, and you agree not to take any steps to defeat any such security measures. We do not necessarily monitor any materials posted, transmitted, or saved to or with the Services. By posting, sharing or saving any videos, articles or content, you represent that doing so does not infringe any third party’s copyrights, trademarks, privacy rights or other intellectual property or legal rights of any kind. If notified that any user has posted, shared or saved any information or materials which allegedly do not conform to these Terms, we may in our sole discretion investigate the allegation and determine whether to take any other actions, including, but not limited to, whether to remove or request the removal of the information or materials posted, shared or saved by a user. We also reserve the right to terminate the account of any user who transfers or saves content in violation of these Terms. We shall have no liability or responsibility to users for performance or nonperformance of such activities. You may be subject to civil and criminal penalties, including without limitation monetary damages, if you violate the terms of these Terms or infringe any third party’s legal rights.

If you believe that your copyrighted work or trademark has been infringed, please contact us and provide all information relevant to any claim of copyright or trademark infringement. Please contact us as described on Linguistic’s Report Copyright or Trademark Infringement page.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

The Site and Services may provide certain social media features that enable you to:

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Payments

You may provide your credit card information to make payments within the Site. This information is not saved and is only used to process your payment.

If the Site or Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or Services or items obtained through the Site or Services or to your downloading of any material posted on it, or on any site linked to them.

You use the Site or Services at your own risk. The Services or items obtained through the Site and Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Linguistic nor any person associated with Linguistic makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site and Services. Without limiting the foregoing, neither Linguistic nor anyone associated with Linguistic represents or warrants that the Site and Services or items obtained through each of those will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Site and Services or the server that makes them available are free of viruses or other harmful components, or that the Site and Services will otherwise meet your needs or expectations.

To the fullest extent provided by law, Linguistic hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

To the fullest extent provided by law, in no event will Linguistic, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site or Services, or any websites linked to either the Site or Services, any content on the Site and Services, or such other websites or applications, including any direct, indirect, special, incidental, consequential, or punitive damages, including those arising from the loss of data or a data breach, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the Site.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Linguistic, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site and Services, other than as expressly authorized in these Terms, or your use of any information obtained from the Site and Services.

Governing Law and Jurisdiction

All matters relating to the Site and Services, and these Terms, and any dispute or claims arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services will be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use, use of the Site and Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Linguistic of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Linguistic to assert a right or provision under these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements and communications, whether oral or written, between the parties relating to the subject matter of these Terms and all past courses of dealing or industry custom. No amendment or modification of any provision of these Terms will be effective unless in writing and signed by a duly authorized signatory of Linguistic and you.

Force Majeure

We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Linguistic.

Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Contact Us

Our Site and Services are operated by Linguistic. Any questions, feedback, comments, and other communications relating to these Terms and our Site should use our Contact Us page or by mail at [email protected].

Copyright 2023 Linguistic, Inc.