Terms and Conditions
Last Update: February 2021
Your use of the Services is governed by these Terms of Service and all terms, policies, and guidelines incorporated into the Terms of Service by reference (collectively, the “Agreement”). Please read the Agreement carefully.
If you do not agree to this Agreement, you should not provide the Company with any information and not use the Services in any way. The Services offered to you are conditional on your acceptance without modification of this Agreement. Your continued use of the Services or of the Website will signify your acceptance of the Terms of Service. In addition, when using any particular Service, you may be subject to any posted guidelines, rules, product requirements, or sometimes additional terms applicable to such Services. All such guidelines, rules, product requirements, or sometimes additional terms are hereby incorporated by reference into the Terms. Kindly note that this Agreement may be changed at any time by the Company at its sole discretion. It is your sole responsibility to check, from time to time, and agree to the then-current version of this Agreement each time you wish to order Services from the Company.
All capitalized terms shall bear the meanings ascribed to such terms as detailed herein:
1.1 “Affiliate” means with respect to any entity, any other person directly or indirectly controlling or controlled by or under common control with such entity, including, without limitation, a direct or indirect wholly owned subsidiary of such entity as shall exist from time to time.
1.2 “GetBlend”, formerly known as “One Hour Translation” (the Company) means GetBlend Inc., incorporated in Delaware, and its Affiliates, in the event and to the extent such Affiliates provide or license the Services.
1.3 “Order” means any order of Service submitted by you, and acknowledged by the Company, which may be made via the Website or in writing (via email correspondence).
1.4 “Service/s” means any translation and/or localization services provided to you by the Company under these Terms of Service. Additional information about the Services and their features is available at https://www.onehourtranslation.com/translation/services and https://www.getblend.com/solutions/.
1.5 “Service Providers” means third party entities who provide translation and/or localization services as independent freelancers or independent contractors of the Company. For clarity, Service Providers are not employees of the Company.
1.6 “Translated and/or Localized Works” means any material translated, localized, or created by the Company’s Service Providers based on Your Materials and/or Your order.
1.7 “We” “us”, and “our” mean the Company.
1.8 “Website” means the Company’s online portal and platform where you can access your Company account, initiate Orders, and access the Service, available at https://www.onehourtranslation.com and/or www.getblend.com and/or https://app.getblend.com. website and domain name and all other websites and domain names affiliated with Company and any other linked pages, features, content, or application services offered in connection therewith by the Company.
1.9 “You”/“Your” means you, the legal entity requesting to use the Services by accepting these Terms of Service.
1.0 “Your Materials” means any content you sent to the Company for translation and/or localization, (including, without limitation, any information, data, text, photographs, videos, audio clips, written posts and comments, scripts, graphics etc.), that you or any of your salespersons, employees, contractors, or agents adds, creates, submits, distributes, uploads, posts, transmits, or otherwise disseminates (or is added, created, uploaded, submitted, distributed, or posted on your behalf) through the Company and its Service.
2. About the Company
The Company provides Translation and Localization services globally by using Service Providers in various countries and languages. Services may also be provided to you by using third-party agencies. Services may be provided on a one-time basis or on a recurring basis. Subject to your compliance with all terms and conditions in this Agreement, the Company grants you for the term of this Agreement a limited, personal, nonexclusive, non-sub-licensable, royalty-free, non-transferable (except as provided in this Agreement) license to access and use the Service, including access to the Website, only in connection with the Services. Except as expressly and unambiguously granted herein, no right or license is granted to you. The Service is owned and operated by the Company and the visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by the Company are protected by all relevant intellectual property and proprietary rights and applicable laws. The Company reserves all rights not expressly granted herein.
3. Use of Our Services and of Our Website
3.1 Age Restrictions:
Use of the Services is strictly prohibited to any person under legal age in his/her country of domicile, and to any person under the age of 18. If you misrepresent your age, your registration as a user of the Service will be cancelled. By using the Website and the Services, you confirm and covenant that you meet the aforementioned age restriction requirements.
- By using the Services, you further acknowledge, covenant, represent, and warrant as follows:
3.2.1 If you are a corporation, (a) the corporation is duly incorporated, validly existing and in good standing; has the requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement; and the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated by this Agreement have been duly authorized by requisite corporate action; and (b) the execution, delivery, and performance of this Agreement shall not constitute a violation of any judgment, order, or decree or a default under any contract by which you are bound.
3.2.2 Service fees shall be paid by you in advance, in the amount set forth and acknowledged by you upon registering for the applicable Service, unless otherwise agreed to between the parties in writing. Service fees can be found in the Pricing page at the URL https://www.onehourtranslation.com/translation/benefits/translation-price. Fees may also be agreed to and acknowledged via email correspondence between you and the Company at any time prior to your order of any Service from the Company.
Cash refunds for Services paid for in advance and not used by you shall be limited to a period of twelve (12) months following the last date on which you deposited funds into your company balance. After the aforementioned timeframe, refunds for Services paid for in advance and not used, shall no longer be due or payable by the Company. The Company may deduct from any refunded amount any fees it was charged in the process of the payment and/or the refund.
In order to qualify for a refund due to the quality of the Service provided, you should process a qualifying refund request through the Company’s support team no later than three (3) months following the date on which you received the Service from us. Subject to the aforementioned, You agree that once a Translated and/or Localized Work is submitted to you, the respective portion of any Service package that you may have purchased from the Company shall be considered exploited and shall become non-refundable for any reason.
3.2.3 Any Services purchased by you are prepaid, unless otherwise agreed to between the parties in writing. Any prepaid Services amounts expire twenty-four (24) months after their date of purchase, and the Company may remove the remaining amount from your company account.
In order to sustain the Services, it is important that you honor the payment obligations to which you have agreed. Accordingly, the Company reserves the right to pursue any amounts you fail to pay in connection with the Services. You will remain liable to the Company for all such amounts and all costs incurred by the Company in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
The Company reserves the right to modify its fees and charges at its sole discretion and/or to introduce new charges at any time by electronic mail and/or by updating the Fees Section on the Website. Any fees and charges provided to you by electronic mail are confidential, and you agree not to disclose them to any third party. The Company’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
3.2.4 You hereby grant the Company and any of its agents and Service Providers who work on its behalf for the purpose of providing the Service, a license to translate, modify (in order to make it compatible with the Service) and reproduce your Materials and otherwise act with respect to such Materials in each case to enable us to operate the Services. If you share your Materials with other users through the Services (“Shared Content”), then you grant the Company the licenses above, as well as a license to display, perform, and distribute your Shared Content for the sole purpose of making that Shared Content accessible to such other users and providing the Services necessary to do so. Also, you grant such other users a license to access that Shared Content and to use and exercise all rights in it, as permitted by the functionality of the Services. You agree that the licenses you grant to the Company are non-exclusive, royalty-free, perpetual, irrevocable, and worldwide. The Company reserves the right to remove your Materials and Shared Content at any time, for any reason, without prior notice to you, including, without limitation, if it believes, in its sole discretion, that such Materials/Shared Content violate/s this Agreement. You represent, warrant, and covenant that you (a) have all necessary rights to grant the foregoing license, and to use and allow the Company to use the name, likeness, and identifying information of any identifiable person in your Materials/Shared Content in the manner contemplated by this Agreement and (b) that you will pay all royalties and other amounts owed to any third party due to your use of your Materials/Shared Content, to the extent applicable.
The Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Services with respect to any or all users, at any time without notice. You acknowledge that the Company may do so in its sole discretion.
The Company reserves the right, at any time and without prior notice, to remove or disable access to any User Content, Third Party Materials, and any User Submissions, that the Company, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.
3.2.5 Aggregated Anonymous Data. You acknowledge and agree that, notwithstanding anything else, the Company may generate and maintain Aggregated Anonymous Data (as defined below), and, during and after the term of this Agreement, freely use and make available Aggregated Anonymous Data for the Company’s business purposes (including without limitation, for purposes of improving, testing, operating, promoting and marketing the Company’s products and services). “Aggregated Anonymous Data” means data submitted to, collected by, or generated by the Company in connection with your use of the Service, but only in aggregate, anonymized form which cannot be linked specifically to you, your users, or any individual.
3.2.6 You will not resell or offer the Services to any third party without the Company’s express written authorization.
3.2.7 You will only use the Website and the Services in a manner that is commercially acceptable, reasonable, and lawful, according to all applicable laws and regulations.
3.2.8 You will adhere to our user policies and any other terms and conditions which relate to your usage of the Services. You will not contact any Service Provider directly without use of our Website and Services, and will not transmit junk messages, advertisements or any type of solicitation whatsoever to any Service Provider or any other user of the Website and the Services.
3.2.9 You shall not negotiate the fee or otherwise discuss the fee for the Service with another Service seeker or with a Service Provider, either directly or indirectly, whether inside or outside of the Company Website, prior, during and/or following the creation, progress and delivery of a Service. This also applies to any project that was closed without translation results delivered by the Service Provider. We believe that our fees are fair and justified for the Services we provide, and therefore do not tolerate the aforementioned activity.
3.2.10 Any material which you send for translation via the Service will not in any way infringe third-party intellectual property rights. You will not in any way copy, modify, publish, transmit, display, sell, distribute, or reproduce copyrighted material, trademarks, or other protected proprietary information without the express written consent of the owner of such materials.
3.2.11 By posting information or content to any public area of the Website, you represent and warrant that (i) you have lawful right and are authorized to publish and post such information on our Website, and (ii) you grant the Company an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicensing of the foregoing.
3.2.12 You will not communicate with any other Service user or with any Service Provider, in an unlawful or offensive form, including without limitation in a defamatory, slanderous, offensive, inaccurate, abusive, profane, obscene, sexually offensive, threatening, harassing discriminatory or similar form, and will not send to another Service user or to a Service Provider any illegal or offensive material, including but not limited to nude photos of yourself or others, pornographic photos or images and/or any other type of unlawful or obscene material. The Company reserves the right to remove from the Website any material which the Company determines, in good faith, to be illegal, offensive, defamatory, slanderous, or otherwise unacceptable to the Company, without notice.
3.2.13 You will not use the Website for any purpose other than for receiving Services from us.
3.2.14 Any unlawful and/or unauthorized use of the Website or the Service, including by collecting usernames and/or email addresses of other Service users or of Service Providers, by electronic or other means, for the purpose of sending unsolicited emails, forwarding commercial or business offers, and/or unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, to the extent necessary.
3.2.15 You will defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents Affiliates, Service Providers, and other Service users for any damages, losses, costs, liabilities, third-party suits, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of the Website or Services, and for any breach by you of the Terms of this Agreement and/or other Terms and Conditions posted on the Website from time to time.
3.2.16 You acknowledge that you may be involuntarily exposed to offensive or obscene materials that may be posted on the Website by other Service users, Service Providers, or hackers who may unlawfully gain access to the Website. The Company will make commercially reasonable efforts to prevent any hacking of its Website and to remove any infringing or unlawful material from its Website promptly after it comes to its attention. However, the Company shall not be responsible for third-party use of any personal or private information that you choose to display or publish or distribute on our Website or by using the Services.
3.2.17 The Company reserves the right and shall use good faith efforts to monitor, from time to time, at the Company’s discretion, the activity and the material posted on public areas of the Website. Notwithstanding the foregoing, the Company does not monitor, control or edit any communication between its Service users or between Service users and Service Providers, and such communication shall be made at your own risk and may occasionally be offensive to you. You assume full responsibility and all risk by using the Services.
3.2.18 Your profile information, as well as your photo, may be displayed to other Service users and to Service Providers. If you post personally identifiable information in areas of the Website accessible to other Service users and/or to Service Providers, you should be aware that such information can be read, collected, or used by them, and could be used improperly (including, for example, for the purpose of sending you unsolicited messages). We are not responsible for the personally identifiable information you choose to submit on our Website or for any direct or indirect damage or loss that may be incurred as a result.
3.2.19 Under no circumstance will the Company be responsible for any loss or damage resulting from your use of the Website or the Services, or from your reliance on content or material transmitted to you by other Service users or by Service Providers. You acknowledge and agree that while the Company strives to provide you with exceptional Service and uses best efforts to encourage the Service Providers to provide you with such, it has no control over the quality of the Services provided by the applicable Service Provider.
3.2.20 You will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Website or any content contained therein without the prior written permission of the Company.
3.2.21 You will not create multiple user accounts to avoid fees, suspension, or bad ratings on the Company. In the event that you do, you will indemnify and hold the Company harmless for any losses, damages, costs or expenses incurred as a result.
3.2.22 You will not contact other users or freelance Service Providers and/or translation and/or localization companies through our Website or through information gained from our Website with the intent of subverting them from using our Website or our Services.
3.2.24 Access to use: To access the Services, you will be asked to enter your individual email, username, and password, as chosen by you during your registration. Therefore, the Company does not permit any of the following:
Any other person sharing your account and password;
Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Company as users of the Site; or
Access through a single account and password being made available to multiple users on a network.
If the Company reasonably believes that an account and password is being used/misused in any manner, the Company shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. The Company reserves the right to reject any username selected by you and/or revoke your right to any previously selected username and give such username to any other person or entity at the Company’s sole discretion and without any liability to you. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account. If messages sent to an email address provided by you and associated with your account are returned as undeliverable or wrong address, the Company reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party
3.2.25 Feedback. You may, at your discretion, provide feedback, suggestions, improvements, enhancements, and/or feature requests to the Company with respect to its use of the Service (“Feedback”). In such case, you shall and hereby grant to the Company a nonexclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose. The Company reserves the right to take legal actions if it believes such Feedback may damage its reputation.
3.2.26 Use of Name. In addition to any rights granted with respect to your Materials under this Agreement, Company may use your name and logo for the purposes of identifying you as a Company customer.
4. Limitation Of Liability and Indemnity
4.1 YOU EXPRESSLY AGREE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. NEITHER THE COMPANY NOR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT PROVIDED THROUGH THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE, OR CURRENT.
4.2 THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICE OR FROM THE COMPANY’S SUSPENSION OR TERMINATION OF SERVICE, INCLUDING, WITHOUT LIMITING, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, AND/OR SPECIAL DAMAGE, EVEN IF THE COMPANY KNEW OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3 You will indemnify, defend, and hold harmless the Company from and against any and all payments, costs, expenses, losses, claims, damages, and suits arising in any way from your breach of obligations under Section 3 to this Agreement. Your indemnity obligations shall survive the Term of this Agreement.
4.4 Notwithstanding anything to the contrary contained herein, the liability to you by the Company at any time and for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the total fees you paid for the Services during the twelve (12) month period immediately preceding the liability event.
5. Term and Termination
5.1 The term of this Agreement shall commence upon registering for an account with the website and may be terminated by either you or the Company at any time and for any reason. Upon termination of this Agreement, you shall immediately pay the Company any amounts owed to the Company through the effective date of termination.
5.2 In the event that You materially breach any or all of the obligations set forth in this Agreement, including without limitation, payment of fees for Service provided, The Company shall be entitled to suspend the Services and freeze any funds that you may have transferred to the Company for the purpose of purchasing additional Services, until the matter is investigated and resolved by the Company.
You may not assign, directly or indirectly, all or part of your rights or obligations under this Agreement without the prior written consent of the Company. Any attempt to assign your rights or obligations hereunder shall be null and void. The Company may assign this Agreement to a Company Affiliate at any time.
7. Entire Agreement, Law and Jurisdiction
7.1 This Agreement constitutes the entire understanding between the parties relating to the subject matter and supersedes all prior communications, contracts, or agreements between the parties whether oral or written.
7.2 This Agreement may only be amended with the express written consent of both parties. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
7.3 This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its rules of conflict of laws. Any disputes or legal proceedings arising out of or relating to this Agreement shall be resolved via arbitration, held in Delaware. The language of the arbitration shall be English and arbitration award shall be final and binding on both parties.