TaC

Terms and Conditions

PAYBAY I is the provider of the website all linked pages owned and operated by PAYBAY I (the „Site”), and other PAYBAY I branded or co-branded websites and APIs (including sub-domains, international versions, widgets, and mobile versions, as applicable) now existing or later developed Freetranslation.com(together with the Site, the „PAYBAY I Service”). These terms apply to all users of the Site or PAYBAY I Service, including users who are also contributors of content, information, and other materials or services on the Site. The PAYBAY I Service is a web-based service dedicated to language translations and other associated services. PAYBAY I may perform translations utilizing automated translation tools (such as machine translation) along with human translators.


PAYBAY I License Grant
Provided that you otherwise fully comply with the provisions of these Terms, and upon your payment of the applicable fees (if any), PAYBAY I grants to You a limited, personal, non-exclusive, non-transferable and non-sublicensable license to use the PAYBAY I Service.


Account Registration and Delivery.
If you wish to purchase any services through the PAYBAY I Service, PAYBAY I can ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in the Privacy Policy, as defined below. All information that you provide to PAYBAY I or any third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred.
Any dates provided for performing the services, are approximate only. Unless otherwise expressly agreed by PAYBAY I, time is not of the essence for delivery or performance, and no delay shall entitle you to reject any delivery or performance or to repudiate these Terms. PAYBAY I will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform. Posting or delivery to a carrier (including post, facsimile, e-mail) for the purpose of transmission to you shall, for the purposes of these Terms, constitute delivery to you.


License Restrictions
The PAYBAY I Service contains copyrighted material, trade secrets and other proprietary intellectual property. You shall not (a) copy, distribute, or disclose any portion of the PAYBAY I Service in any medium, including without limitation by any automated or non-automated „scraping” (b) transfer, lease, loan, resell for profit, distribute, or otherwise grant any rights in the PAYBAY I Service in any form to any other party, (c) modify, copy, adapt, decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from, the PAYBAY I Service in whole or in part, (d) remove, modify, or obscure copyright or other proprietary rights notices in the PAYBAY I Service, (e) use any automated system, including without limitation „robots,” „spiders,” „offline readers,” etc., to access the PAYBAY I Service in a manner that sends more request messages to the PAYBAY I servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser, (f) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the PAYBAY I Service, (g) upload invalid data, viruses, worms, or other software agents through the PAYBAY I Service, (h) interfere with the proper working of the PAYBAY I Service; or, (i) bypassing the measures PAYBAY I may use to prevent or restrict access to the PAYBAY I Service.
Fraudulent activities are highly monitored in the PAYBAY I Services and if fraud is detected PAYBAY I shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.


Your License Grant
Service Improvement. Subject to the terms and conditions of this License, your grant to PAYBAY I and its affiliates a worldwide, non-exclusive, non-transferable, perpetual, irrevocable, royalty-free license to store and use your materials and corresponding translation text, and any previous materials on file to develop, operate, perform, tune, enhance, refine, and improve the PAYBAY I Service and PAYBAY I’s other services and products and for other internal purposes. Such license extends to any future data, and any previous materials and corresponding translation text of yours on file with PAYBAY I.


Feedback. 
You grant to PAYBAY I a worldwide, non-exclusive, non-transferable, perpetual, irrevocable, royalty-free license to license to use, copy, modify, or distribute, including by incorporating into the PAYBAY I Service, any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the PAYBAY I Service.

Return Policy
We offer a full money-back guarantee for all purchases made on our website. If you are not satisfied with the product that you have purchased from us, you can get your money back no questions asked. You are eligible for a full reimbursement within 14 calendar days of your purchase. After the 14-day period you will no longer be eligible and won't be able to receive a refund. If you have any additional questions or would like to request a refund, feel free to contact us.

Publicity.
By registering for the Service, you agree that PAYBAY I may identify you as a customer on the Site and use your name in marketing and other promotional materials. PAYBAY I agrees not to otherwise use your trademark or logo without your prior written consent.
Notwithstanding the above, you or the intellectual property owner retains ownership of the intellectual property submitted to PAYBAY I, subject to the licenses granted in this Section 5.
Any information that you submit or PAYBAY I collects when you are using the PAYBAY I Service is subject to this License and the Privacy Policy found on http://www.PAYBAY I.com/aboutus/privacypolicy.html (the „Privacy Policy”), the terms of which are incorporated into this License and subject to change according to the terms thereof.


Your Representations.
Confidential Material. By submitting materials for translation, you represent and warrant that the use of material licensed in Section 5 above (Your License Grants) does not disclose or misappropriate any trade secret, or violate any rights in privileged, confidential, personally identifying, or private information. YOU AGREE TO INDEMNIFY AND TO HOLD PAYBAY I HARMLESS AGAINST ANY CLAIMS FOR IMPROPER USE OR DISCLOSURE OF SAID MATERIALS.


Data Submission.
You warrant that you have a good faith belief that you own the intellectual property or have the consent of the intellectual property owner to grant the licenses in Section 5 above (Your License Grants). YOU AGREE TO INDEMNIFY AND TO HOLD PAYBAY I HARMLESS AGAINST ANY CLAIMS ARISING FROM YOUR UNAUTHORIZED SUBMISSIONS.
Subsequent Translations. PAYBAY I undertakes no obligation to monitor or to report to you the third party submission of documents for translation containing text similar or identical to your original documents. YOU WAIVE, RELEASE, AND AGREE TO FOREGO ANY CLAIM YOU MAY HAVE AGAINST PAYBAY I FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT LIABILITY ARISING FROM OR RELATED TO PAYBAY I’S PERFORMANCE OF TRANSLATIONS FOR OTHERS.


Indemnification
BY USING THE PAYBAY I SERVICE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PAYBAY I, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THE PAYBAY I SERVICE, OR ANY ACTION TAKEN BY PAYBAY I AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THESE TERMS HAS OCCURRED.


Intellectual Property
As between the parties, PAYBAY I and its affiliates or its third-party licensors, as applicable, shall retain all ownership rights in the PAYBAY I Service and the technology, software, products, processes, algorithms, user interfaces and know-how related to the PAYBAY I Service, and the PAYBAY I Service is protected by applicable United States and foreign copyright, trade dress, patent, and trademark laws, international conventions, and other applicable intellectual property and proprietary rights and applicable laws. All trademarks, service marks and trade names are proprietary to PAYBAY I and its affiliates and third-party licensors, as applicable.

Disclaimer
PAYBAY I Services are provided on an „as is” basis without any warranties or conditions of any kind. PAYBAY I EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PAYBAY I does not warrant that your use of the Site or PAYBAY I Services will be secure, uninterrupted, always available, error-free, will meet your requirements, or that any defects in the Site will be corrected. Furthermore, PAYBAY I does not warrant or make any representation regarding the use of the translations in terms of their accuracy, correctness, reliability or otherwise.

Limitation on liability
PAYBAY I SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILL, LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR USE OF OR ACCESS TO THE PAYBAY I SERVICE, EVEN IF PAYBAY I HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LICENSE, PAYBAY I’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS) OR THE TOTAL PRICE OF THE SUBJECT SERVICES PAID FOR OR PAYABLE BY YOU.

Governing Law and Dispute Resolution
If any dispute arises regarding this License or the PAYBAY I Service, you agree that the dispute will be governed by the laws of Poland without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts in the Commerce Court of Arbitration in Szczecin, Poland.

Export Law Compliance
You agree that to comply with all export restrictions and regulations of the Department of Commerce or other agency of the United States Government, or any other applicable international export restrictions or regulations, and that you will not export or otherwise transfer any software underlying the PAYBAY I Service, directly or indirectly, to a prohibited country.

Severability
If any clause of these Terms is judged null and void, all the other clauses shall nevertheless apply.

Force majeure
PAYBAY I shall not be held liable in case of impossibility or delay in performance of these Terms due to labor disputes, force majeure or any other event beyond its reasonable control, including, but not limited to, mechanical, electronic or communications failure, natural disasters and traffic disruption, data corruption, service interruption caused by viruses, network and service defects, caused by connection and transfer conditions beyond our control or other such disruption.

Entire Agreement
The Terms cancel and supersede any prior agreements or proposals, whether oral or written, between the parties concerning the content of these Terms. These Terms can only be modified by an amendment signed by both parties.

Updates to these Terms
You acknowledge that PAYBAY I may update these Terms from time to time, and you agree to be bound by any subsequent update to these Terms. The most recent version of these Terms can be found here. PAYBAY LTD will use commercially reasonable efforts to notify you of any change in these Terms. If you do not consent to the updated Terms, you can discontinue use of the PAYBAY I Service. Your continued use of the PAYBAY I Service will constitute acceptance of the updated Terms. In the event of any conflict between these Terms and the Privacy Policy, these Terms govern and control.

Non-Assignment of Rights
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of these terms and conditions, without liability to us. However, we may assign these terms and conditions to any person at any time without notice.
Term
These Terms will remain in full force and effect while you use the PAYBAY I Service.