These Terms of Service ("Terms") govern your access to and use of Lovalingo (the "Service"), a translation software and API provided via npm package and web services by Lovalingo Swiss. By creating an account or using the Service, you agree to be bound by these Terms, as well as our Privacy Policy and any applicable Data Processing Agreement. If you do not agree with these Terms or do not meet the eligibility requirements, you must not use the Service.
We may update these Terms from time to time. We will notify users of any material changes (for example, via the website or email) and obtain consent when required. Continued use of the Service after updated Terms become effective constitutes your acceptance of the changes.
Accounts and Eligibility
• Registration: To use Lovalingo, you must create an account by providing a valid email address, a password, and any other information required by the sign-up process. You agree to provide accurate, current, and complete information and to keep it updated. We reserve the right to suspend or terminate accounts that contain false or fraudulent information.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately at help@lovalingo.com if you suspect any unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to safeguard your credentials.
• Eligibility: You must be at least 16 years old (or the age of legal majority in your jurisdiction) to use this Service. If you are using Lovalingo on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. The Service is available worldwide, but you are responsible for ensuring that your use of the Service complies with all laws applicable to you.
• Account Use: Accounts are meant to be used by the individual or single entity who registered. You may not share your account credentials with others outside your organization. You are responsible for all usage under your account. If you need to provide access to multiple users, please use provided team features or obtain an enterprise plan if available.
Description of Service
Lovalingo provides a software library (npm package) and associated cloud services that enable translation of text content into multiple languages. Once integrated, the Service will detect and translate text strings that you send through the API. We host and process the translations and deliver them back to you for use in your applications. The Service may also include web-based dashboards or tools for managing translations, viewing usage, and configuring settings.
Please note that while we strive for high quality, translations are generated automatically (leveraging machine translation technology) and may not be perfectly accurate or appropriate for all contexts. We do not guarantee the accuracy or completeness of any translations, and it is your responsibility to review and, if necessary, edit the translated content for your purposes. Lovalingo also does not guarantee that the Service will detect all content requiring translation in your application; proper integration according to our documentation is required.
Plans, Fees, and Payment
• Subscription Plans: Lovalingo may offer various subscription plans or usage-based tiers (for example, a free tier with limited usage and paid tiers with higher limits and features). The pricing and features of each plan are described on our website or in a separate order form. By selecting a plan and providing payment information, you agree to pay the associated fees and charges. All fees are stated and must be paid in the indicated currency.
• Billing Cycle: Unless otherwise specified, subscription fees are billed in advance on a monthly or annual cycle, and your subscription will automatically renew at the end of each billing cycle. Usage-based charges (if any, such as per-character translation fees beyond your plan's allowance) will typically be billed monthly in arrears.
• Payment: You must provide a valid payment method (e.g., credit card) to pay for subscriptions. We use a third-party payment processor (such as Stripe) to handle billing securely. By providing your payment details, you authorize us to charge the subscription fees to your payment method. If payment is not received or cannot be processed, we may suspend or downgrade your account for non-payment. You are responsible for any taxes or duties applicable to your purchase, other than our income taxes.
• Price Changes: We reserve the right to change plan prices and fees. If we do, we will give you reasonable notice of the changes (e.g., by email or on our site) and they will apply at the start of the next subscription period. If you do not agree to the revised prices, you may cancel your subscription before the new rates take effect.
• Refunds: Initial purchases by consumers may be eligible for a refund within a short period (such as 14 days) if required by law or as stated in our refund policy. However, by using the Service (e.g., making API calls or translating content) after purchase, you acknowledge that the service provision has begun and you waive any statutory right of withdrawal, to the extent permitted by law. Outside of legal requirements, refunds for subscription fees are generally not provided except at our discretion or if explicitly outlined in a money-back guarantee. For example, we may honor a refund request made within 15 days of a first-time subscription purchase, but not for renewals or usage charges.
License and Intellectual Property
• License to Use the Service: Subject to these Terms and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable license to install and use the Lovalingo npm package and to access our translation API solely for your internal business or personal purposes. This license is for the sole purpose of enabling you to use and integrate the Service as intended, in accordance with the documentation. You may not resell or redistribute the Service to others except as part of your own applications that use Lovalingo for translation.
• Lovalingo Intellectual Property: All rights, title, and interest in and to the Service (including the software, APIs, algorithms, platform, website content, trademarks, and any improvements or modifications) are and will remain the exclusive property of Lovalingo Swiss or its licensors. These Terms do not grant you any ownership of intellectual property in the Service. You shall not remove or alter any proprietary notices on the Lovalingo software or outputs.
• Feedback: If you provide suggestions, ideas, or feedback to us about the Service, we may use and incorporate them without any obligation to you. You grant us a perpetual, irrevocable, sublicensable license to use any feedback you provide for any purpose.
User Content and Data
• Your Content: You retain all rights to the original text content that you or your end users submit for translation using our Service, as well as to the translated results. We do not claim ownership over your content. You hereby grant us a license to process, transmit, and store your content for the purpose of providing the Service and as otherwise described in our Privacy Policy. This license is worldwide, royalty-free, and non-exclusive, and includes the right to sublicense to our subprocessors solely for service delivery.
• Responsibility for Content: You are solely responsible for all content you submit to the Service and the legality of that content. You represent and warrant that you have obtained all necessary permissions, consents, and rights to submit the content for translation and for us to process and store it as described. We do not monitor the content you provide, but we reserve the right to remove or block access to any content that we believe may violate these Terms or applicable laws.
• Confidentiality of Content: We understand that the text you send for translation may be sensitive to you. We will treat user-submitted content as confidential and will not disclose it to third parties except as needed to provide the Service (e.g., to our subprocessors or if required by law, as detailed in our Privacy Policy and DPA). We also will not use your content for any purposes other than delivering and improving the Service (unless otherwise permitted by you).
• Data Protection: Personal data contained in the content you provide will be processed in accordance with our Privacy Policy and, if applicable, the Data Processing Agreement. As noted, for content you provide for translation, you act as the data controller and we act as your data processor.
Acceptable Use Policy
When using Lovalingo, you agree to the following and acknowledge that violation of these rules can result in suspension or termination of your account:
- Lawful Use Only: You will not use the Service to translate, transmit, or store any content that is illegal, harmful, infringing, defamatory, obscene, or otherwise objectionable. This includes content that violates intellectual property rights, privacy rights, or any other rights of third parties, or content that promotes illegal activities, hate, or violence.
- No Personal Data of Third Parties Without Rights: If you input personal data of any individual into the Service, you must have the legal right to do so (e.g., consent or other lawful basis). Sensitive personal data (such as health information, financial information, etc.) should only be processed in compliance with privacy laws. We are not responsible for any personal data you unlawfully share via the Service.
- No Abuse of Service: You will not misuse the Service or interfere with its normal operation. This includes not attempting to probe, scan, or test the vulnerability of our system or network, not circumventing usage limits, not using the Service to create a competing product, and not sending excessive or malicious requests (e.g., no spamming the API or using it in a manner that could disrupt others' use).
- No Unauthorized Access: You will not attempt to gain unauthorized access to other users' accounts or to our systems. You will not misrepresent your identity or affiliation when using the Service.
- Compliance with Laws: You agree to comply with all applicable laws and regulations in connection with your use of the Service. This includes data export laws and any local regulations regarding online conduct and content.
We reserve the right to investigate any violation of this Acceptable Use Policy and to take appropriate action, which may include removing content, suspending or terminating accounts, and reporting to law enforcement if necessary.
Termination
• By You: You may stop using the Service at any time. You may also cancel a paid subscription by following the procedures on our website or contacting support. If you cancel, you will continue to have access to your account until the end of the current billing period (unless you request an earlier deletion). Note that deleting your account is irreversible and will remove your data from the active systems (with any backup retention as noted in the Privacy Policy).
• By Us: We may suspend or terminate your access to the Service (or downgrade your account to a free tier, if available) under the following circumstances:
- If you breach these Terms or violate the Acceptable Use rules, and such breach is either serious or not remedied within a reasonable period after we have notified you.
- If you fail to pay fees owed for the Service when due.
- If we are required to do so to comply with a legal requirement or court order.
- If you have not accessed your account for an extended period (e.g., over 12 months) and your account is on a free plan.
- If we decide to discontinue the Service or a portion of it (in which case we will provide you with advance notice where possible to allow you to retrieve your data).
In case of termination or suspension due to your breach or misconduct, we may do so immediately without prior notice. For other types of termination, we will provide notice (e.g., via email) when reasonably practicable.
• Effects of Termination: Upon termination of your account, your right to use the Service ceases, and we may delete or anonymize your content and data in accordance with our data retention policy. We recommend you export any important data before terminating your account. If an account is terminated for violation of Terms, you are not entitled to any refunds for any fees paid. Any provisions of these Terms that by their nature should survive termination (such as intellectual property ownership, disclaimers, limitation of liability, indemnity, and governing law) will remain in effect.
Disclaimers
No Warranty: The Service is provided "as is" and "as available" without warranty of any kind. To the maximum extent permitted by law, Lovalingo Swiss disclaims all warranties, whether express, implied, or statutory, including any warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Service will meet your requirements or that operation of the Service will be uninterrupted, timely, secure, or error-free. We do not guarantee the accuracy or reliability of any translation or other output from the Service.
Beta Features: If any beta features or trial services are offered, they are provided as-is, for evaluation only, and may be even less reliable than the main Service. We reserve the right to modify or discontinue beta features at any time.
No Professional Advice: Any information or output obtained through the Service (such as translated content) is for general purposes. We are not providing legal, financial, or any professional advice. You should consult professionals for advice in those areas; we are not liable for any decisions you make based on outputs from our Service.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Lovalingo Swiss (or its officers, employees, agents, or affiliates) be liable for:
- Any indirect, special, incidental, consequential, or punitive damages, or any loss of use, data, business, or profits, arising out of or in connection with your use of or inability to use the Service, even if advised of the possibility of such damages.
- Any amount in aggregate that exceeds the fees paid by you to us for the Service in the six (6) months preceding the event giving rise to liability (or EUR 100 if no fees were paid).
These limitations apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and even if a remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such cases, the liability will be limited to the minimum extent required by law.
We do not exclude or limit our liability for gross negligence, willful misconduct, or any liability that cannot be excluded by law (for example, certain statutory liabilities that may apply to consumer transactions).
Indemnification
You agree to indemnify, defend, and hold harmless Lovalingo Swiss (and its directors, officers, employees, and agents) from and against any and all third-party claims, demands, suits, or proceedings, and all related liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service, (b) your content or data passing through the Service, (c) your violation of any of these Terms, or (d) your infringement of any intellectual property or other rights of any person. In other words, if a third party sues us because of something you did or content you provided, you will cover any liability and costs. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of the claim.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles. However, if you are a consumer residing outside Switzerland, you may also be entitled to the protection of the mandatory consumer protection provisions of your country of residence.
Any disputes arising out of or relating to these Terms or the Service that cannot be resolved amicably shall be resolved by the competent courts of Switzerland (specifically, the courts in the jurisdiction where Lovalingo Swiss is established), except where prohibited by applicable law. Notwithstanding the foregoing, we or you may seek injunctive relief or any equivalent urgent legal remedy in any competent court.
Miscellaneous
• Entire Agreement: These Terms, together with the Privacy Policy, DPA (if applicable), and any other legal notices or guidelines published by us regarding the Service, constitute the entire agreement between you and us concerning the Service, and supersede all prior agreements (whether written or oral) relating to the Service.
• No Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of our right to do so later. If we do expressly waive any provision of these Terms, such waiver will not imply a continuing waiver or a waiver of any other provision.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
• Assignment: You may not assign or transfer these Terms (or any rights or obligations herein) without our prior written consent. We may assign our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets, or by operation of law.
• Relationship of Parties: Nothing in these Terms shall be construed as creating an agency, partnership, joint venture, or any other form of joint enterprise between us. Each party is an independent contractor.
• Notices: We may provide notices to you by email, postal mail, or through the Service (such as via an announcement on your dashboard). You are responsible for keeping your contact information up-to-date.
• Force Majeure: We will not be liable for any failure or delay in performance of our obligations caused by circumstances beyond our reasonable control, such as acts of God, war, terrorism, civil disturbances, strikes, pandemics, internet or utility failures, or legal restrictions.
If you have any questions about these Terms, please contact us at help@lovalingo.com.
For questions about this document, please contact us at help@lovalingo.com