Lingohub
Terms of Service

Thank you for using Lingohub! We’re happy you’re here, whether you are a developer, a translator or a company seeking to optimize your translation and localization processes.

Please read these Terms and Conditions (the “Terms”) carefully before using the tools, services, materials, and information that Lingohub provides (the “Service”) as they affect your obligations and legal rights, including, but not limited to, waivers of rights, limitation of liability, and your indemnity to us. It is very important.

Please be aware that this is the translation of the German original text, found here. In case of doubt, the German version of the Terms of Service alone shall be binding for legal disputes between the contracting parties.

Lingohub is an online localization and translation management platform that provides advanced technical integrations (e.g. GitHub, Slack, etc.), comprehensive reporting and easy-to-use translation workflows managed by lingohub GmbH, a company registered at Hauptplatz 23, 4020 Linz, Austria (“Lingohub”).

These Terms together with the Privacy Policy, govern your use of the Service and constitute a legally binding agreement between you and the lingohub GmbH. By using the Lingohub Service, you are agreeing to be bound by the following terms and conditions. Violation of any of the terms below will result in the termination of your account. While Lingohub prohibits such conduct and content on the service, you understand and agree that Lingohub cannot be responsible for the content posted on the service and you nonetheless may be exposed to such materials. You agree to use the service at your own risk.

These Terms of Use are the basis of the contract concluded between lingohub GmbH, Hauptplatz 23, 4020 Linz (FN 384721t) (“LINGOHUB”), and its customer for using the software program of the same name as a service solution (“Software”) or the brokerage of translation services of independent translators. The Software is a browser-based, cross-platform software program which provides a translation management program in the form of a web application at www.lingohub.com to help companies and their translators translate texts (esp. Software). Software usage requires a permanent internet connection to be arranged by the customer or by third parties authorised by the customer (“User”).

1. Scope of terms of use; definitions

1. All services of LINGOHUB in connection with the Software are exclusively provided on the basis of these Terms of Use.

2. Customer: The customer is a company which wants to provide its internal translators or those brokered or provided by LINGOHUG with a tool for efficient and systematic translations of texts. The customer is the direct contractual partner of LINGOHUB.

3. Member: The member is an employee or cooperation partner employed by the customer independently or dependently or a translator provided by LINGOHUB to the customer. He/she will be provided with log-on data by the customer for using the Software, unless he/she has already received such data. The member undertakes to comply with the rights and obligations laid down in these Terms of Use in equal measure as the customer does when using the Software.

4. User: Customers and members together represent the users of the Software. To the extent that provisions of these Terms of Use pertain to both members and customers alike, these are jointly referred to as “Users”.

5. Company account: Account of the customer who is given the possibility to independently create itself and/or have LINGOHUB create additional user accounts for members.

6. User account: Account of the member who is given the opportunity to exclusively use the Software.

7. Log-on: Access point for members who have the opportunity, based on their own access data, to use the Software for remuneration under a contract between LINGOHUB and the customer.

8. The subject matter of the contract pursuant to these Terms of Use is the provision of the Software to the customer against payment and the provision of services by LINGOHUB in connection with Software maintenance and application support for Users; this includes only the following areas:

   a. elimination of errors in its own Software, unless they are defects subject to a guarantee;

   b. provision and implementation of patches and bug fixes for the Software;

   c. provision and implementation of Software updates;

   d. application support, particularly provision of event-related information and Software operation instructions, and providing answers to the customers’ questions in connection with the Software;

Other services will be included in the contract between the Parties only in the context of separate assignments at terms to be agreed upon between the Parties.

2. Contract conclusion; contractual term and software pricing model

1. Using the Software requires the customer’s registration and acceptance of these Terms of Use. Once a contract was concluded with LINGOHUB, the customer is provided with a user account for the Software to use it.

2. Where a test phase was agreed between LINGOHUB and the customer, Software usage is free of charge during this period. At the end of this test phase, the customer can conclude a fee-based contractual relationship. If the customer terminates the contractual relationship during the test phase, the test phase ends and does not result in any costs for the customer.

3. Unless otherwise agreed by selecting a different payment schedule, both Parties may cancel the contract for remuneration at any time at the end of the contractual period agreed upon between the Parties, subject to a notice period of three months. The first contractual year begins upon concluding the contract for payment.

4. LINGOHUB reserves the right to early cancel the contract during the agreed contract term – without setting a grace period – for a compelling reason. A compelling reason is agreed to be, in particular, default of payment, institution of insolvency proceedings or rejection thereof for lack of assets, dissemination of contents damaging the business of LINGOHUB, misuse of the services and the like and gross violation of contractual duties.

5. Following contract termination, the account is disabled and, unless this conflicts with statutory retention duties, the data contained therein is irretrievably erased.

6. Pricing model: The LINGOHUB pricing model is available at any time at https://lingohub.com/pricing.

7. The fee per User agreed upon with LINGOHUB shall be paid by the customer, depending on the arrangements, once a month or year in advance.

8. Invoices will be provided by electronic means in any case, with the customer waiving issuance of paper invoices.

9. Counterclaims of LINGOHUB may be set off only against claims which were finally established or explicitly acknowledged.

3. Customer’s rights and obligations

1. Only the customer may use its account itself, and it must not transfer its access data to third parties. The customer shall create a separate log-on for each member.

2. LINGOHUB is entitled to check the identity of the customer and of each individual member. LINGOHUB is entitled to block the customer’s account or a member’s log-on data until verification of its (personal) data is completed.

3. The customer shall notify LINGOHUB, within 7 days, of any changes to its own personal or company data or that of the Users by updating its account. The customer indemnifies and holds LINGOHUB harmless from and against failure to give notice of such a change in due time.

4. The customer shall impose upon each member all the rights and obligations under these Terms of Use pertaining to the Users of the Software and holds LINGOHUB harmless against the member’s submission to these Terms of Use.

4. User’s duties

1. Unless otherwise agreed, LINGOHUB provides the Software only as a cloud-based software-as-a-service solution. The User is responsible for meeting all technical, staff and organisational requirements for using this Software, such as appropriate terminal devices or a permanent internet connection.

2. LINGOHUB reserves the right to modify or improve the Software at any time, unless this results in impairment of use for the Users. This may give rise to optical, technical, content-related or other changes. A right to improvements or modifications exists for Users only insofar as the changes impaired Software usage in the past.

3. The User undertakes not to use the Software in an abusive or unlawful manner. Any use in the course of which the User uses the Software to process illegal or immoral contents, in particular any contents causing damage to the credit standing, contrary to competition and/or data protection law or relevant under criminal law, is illegal or unlawful. When using the Software, the User shall comply with applicable laws, in particular not have translated any texts which have harassing or offensive contents and/or which contain violent, discriminatory and racist elements. It is forbidden to translate copyrighted texts or texts containing illegal pornographic contents, contents glorifying violence, racist or other discriminatory contents. The Users hold LINGOHUB and all its vicarious agents harmless against all adverse consequences arising from unlawful, abusive or other undue use of the Software and of the relating services. This also covers, in particular, damage resulting from the incorrect statement of data and facts or from the violation of provisions under of personal, copyright, data protection or other laws by the Users.

4. The User undertakes, on pain of liability, to confidentially and carefully treat access data to the User’s account and not to pass it on to third parties by any means. The User shall inform individuals for whom it creates log-on data about the obligations resulting from these Terms of Use.

5. The User undertakes to log off after using the Software and to log on once again before any use to prevent abuse of the User’s account in the case of loss or theft.

6. The User declares that it will hold LINGOHUB harmless against all consequences and disadvantages resulting from the loss, theft or transfer of the User’s log-on data or the latter’s terminal devices while being logged on to the Software.

7. The User undertakes to make back-up copies of such data before uploading any data and information to the Software. LINGOHUB is not liable for adverse consequences and damage resulting from the loss of data which could have been prevented or minimised through back-up copies.

8. The User undertakes to ensure, before using the Software, that it is permissible to transfer (personal) data it processes in the Software to LINGOHUB as the processor in terms of the GDPR and/or the sub-contractor. LINGOHUB is not liable for compliance with data protection or other legal or contractual non-disclosure duties of the User.

9. The User undertakes to grant LINGOHUB access to its accounts for enhancement and maintenance works and for other modifications/updates required. This duty comprises any necessary disclosure of log-on data and passwords for the User’s account.

5. Default of payment and dunning

1. Default interest of 8 % p.a. is deemed agreed upon for default of payment.

2. If Users fail to make payments despite receiving written warnings, LINGOHUB may temporarily suspend service provision and Software access. Once the customer fully settled its arrears, LINGOHUB shall grant access again. This affects neither the right of LINGOHUB to cancel the contract for default of payment nor its continuing remuneration claim. If services are suspended as a result of default of payment, the customer is not entitled to early cancel the contract.

6. Rights of use and data

1. The Software is a web-based software-as-a-service solution which can be used by accessing the LINGOHUB web application at www.lingohub.com. The Software is not surrendered to the Users. LINGOHUB merely grants the Users a simple right to use the Software limited to the term of the contract and sub-licensable only based on a separate agreement.

2. The Users are not authorised to use themselves, have third parties use, disseminate, sell or otherwise transfer or make usable the Software in whole or in part to an extent beyond the rights explicitly granted by LINGOHUB.

3. When using the Software, every User has the opportunity to create or edit translation projects and to share them with other users. LINGOHUB is not obliged to log or notify the customer of the Users who created or edited translation projects at what time.

4. LINGOHUB shall erase, in whole or in part, data uploaded by the User at the User’s request, unless this conflicts with mandatory statutory claims and LINGOHUB is subject to a statutory retention duty or the data is needed for asserting claims or defending against unjustified claims. After the contractual relationship between LINGOHUB and the customer terminated, data added to the Software will be erased, unless this conflicts with any contractual or statutory retention duties or unless the data might be necessary for asserting justified or defending against unjustified claims.

5. With regard to the customer, LINGOHUB has the position of a processor in terms of Art. 28 of the GDPR. LINGOHUB fulfils the duties resulting therefrom by providing a declaration of voluntary undertaking which the customer shall submit upon LINGOHUB’s request or which can be downloaded from its company account.

7. Availability and service levels

1. LINGOHUB undertakes to provide the contractual services as per the agreement, without restriction. In this context, LINGOHUB guarantees annual average Software availability of 99,5 % on working days from 08.00 a.m. to 6.00 p.m. However, an entirely failure- or interruption-free system cannot be warranted for technical reasons alone. Cases of force majeure and usability interruption periods on account of Software maintenance and updates at specific intervals are not to be taken into account when calculating contractual availability.

2. If the above availability levels are not met, the customer is only entitled to pro-rata reimbursement of contractual fees for the downtime periods exceeding contractual limits. Any claim for damages for Software non-availability is excluded, provided LINGOHUB can prove that non-compliance with contractual availability levels is a consequence of at least one of the below circumstances:

   a. grossly negligent or intentional acts of the customer, a User or third parties;

   b. defects with hardware and/or software components whose maintenance or operation is no part of the contract and/or which are made available by third parties;

   c. external force, such as water damage, fire or damage from electricity and magnetism;

   d. force majeure.

   3. Measures taken according to the schedule (maintenance works, enhancements etc.) will be announced to Users by LINGOHUB as early as possible.

3. Error messages will be accepted by LINGOHUB during maintenance hours on weekdays from 8.00 a.m. to 12.00 p.m. and from 1.00 p.m. to 6.00 p.m.

4. In the case of errors, the customer shall immediately send a written, concrete, traceable and accurate error report by e-mail to LINGOHUB, which includes any information which enables LINGOHUB to determine the cause of the error and to define troubleshooting strategies. This includes, in particular, information on the error type, the description of the system state when the error occurred, the components affected by the error and the frequency of such error.

8. Liability

1. Unless otherwise set forth by special agreement or the law, liability of LINGOHUB for contractual or statutory claims, particularly for indirect and consequential damage, consequential damage caused by defects, property damage, loss of profit, loss of savings or profits, interest losses, lack of economic success, positive breach of contract, fault upon contract conclusion, misconception and damage from third-party claims is excluded, unless the customer shows to LINGOHUB that wilful intent or gross negligence applied.

2. Liability for adverse consequences and damage caused by slight negligence by LINGOHUB is excluded at any rate – except for personal injuries. In addition, liability for adverse consequences or damage not typically foreseeable when using the Software is excluded.

3. LINGOHUB is not liable for adverse consequences or damage sustained by Users or customers to the extent that projects managed whilst using the Software can be realised not at all or not on time as a result of a loss of the opportunity for use, technical shortcomings, data loss, unauthorised third-party access or other reasons related to the Software.

4. The Software contains applications and contents of third parties or links to third-party contents. LINGOHUB is liable for neither these contents nor for technical function of interfaces or applications made available in this respect. To the extent that links to third-party websites or applications are created, the User takes note of them being operated by third parties and of LINGOHUB having no influence on the content of and information published on these websites.

5. With each event causing damage, compensation for damage – except for personal injuries – payable to each individual injured party is limited to the insurance cover actually available for the respective incident under liability insurance of LINGOHUB. Where there is no coverage under liability insurance, compensation for damage for each event causing damage is limited to the insurance premiums payable by the customer for each year.

6. LINGOHUB accepts no liability for the Software being fit for the purpose intended by the User. The same applies to merely optical deviations not impairing proper Software use.

7. LINGOHUB is not responsible for impairments of performance due to force majeure, particularly the failure or overload of global communication networks. Events of force majeure are deemed to include, in particular, all effects whose prevention or avoidance is beyond LINGOHUB’s control.

8. Damages claims shall be asserted in court within 6 months from gaining knowledge of such damage and the party causing such damage at the latest, failing which they cease to exist.

9. Limitations and/or exclusions of liability also comprise claims against employees, bodies, representatives and vicarious agents of LINGOHUB due to damage they caused to the User.

10. To the extent that using various Software or website functions at www.lingohub.com, such as “Marketplace”, initiate or broker a direct contractual relationship between the Users and, particularly, translators, LINGOHUB is not liable for any adverse consequences or damage to Users from such contractual relationships.

9. Copyright, non-disclosure and blocking

1. LINGOHUB reserves all rights, in particular trademark rights and copyrights, in the website contents as a whole, particularly in trademarks, logos, texts, graphics, photographs, layouts and music. Unless the use is permitted by mandatory laws, any use of website contents beyond the contractual performance obligations, particularly storage in databases, reproduction, distribution or adaptation, requires LINGOHUB’s explicit written consent.

2. The User shall neither disclose nor transfer to third parties any confidential information of which it became aware whilst using the Software. This includes, in particular, information about how the Software works and the extent of services offered by LINGOHUB in this context.

3. LINGOHUB is entitled to temporarily refuse to provide the services, in whole or in part (blocking), if there is reason to believe that a User violates any laws or essential contractual obligations when using the services, namely those which serve to ensure functionality of services, even if this is about only one service, or protection of third parties, or that it acts in a way which entitles LINGOHUB to contract cancellation for cause in accordance with these Terms of Use.

4. A substantiated suspicion of illegality and/or a violation exists in particular if courts, authorities and/or other third parties inform LINGOHUB about this. LINGOHUB shall immediately inform the customer of such suspension and the reason thereof. The blocking shall be lifted as soon as the suspicion is disproved and the requirements for this no longer exist.

5. The customer is not entitled to any claims arising from permissible suspensions of the services. The costs associated with the blocking, including those of re-activation, shall be reimbursed by the customer if the reasons for this are within the latter’s control. A blocking for reasons within the customer’s control does not exempt the customer from the obligation to pay the monthly fees.

10. Translations and translators

1. LINGOHUB provides the Software which automatically proposes a translation of texts (esp. Software) based on databases. This proposal needs reviewing and finalising by adequately qualified and certified translators according to the customer’s needs and requirements.

2. If the qualified translator is provided by LINGOHUB on behalf of the customer, the latter shall immediately provide the translator with information, documentation and facts which may be relevant in connection with the fulfilment of the assignment and transfer any documents necessary.

3. LINGOHUB provides translation services according to the state of the art. Fulfilment of other requirements or standards concerning service provision is included in the contract only if this is explicitly agreed upon in writing.

4. LINGOHUB is obliged to provide – if requested by the customer – a translation of texts or other translation bases into a foreign language which is correct in terms of grammar. LINGOHUB is not liable for translations (in particular legal, technical or economic texts) meeting certain criteria of a jurisdiction, a standard or other technical terms required.

11. Indication of references

The customer hereby grants its consent – revocable at any time – to its name, including the address and field of activity, being indicated as a reference customer for marketing purposes of LINGOHUB, on a global scale and not limited as to the facts or the time, i.e., in particular, on the internet, in print media and the like.

12. Amendment of the terms of use

1. LINGOHUB is entitled to amend these Terms of Use. Even if not on an exclusive basis, LINGOHUB is particularly entitled to incorporate amended statutory regulations or to include new/modified services.

2. The User will be informed about scheduled amendments in text form two months prior to the proposed time of the new terms of use coming into effect, while being referred to the provisions concerned. Amendments are deemed approved by the User if the latter fails to object to them in writing prior to them coming into effect. LINGOHUB will inform the User about this in its information letter dealing with the amendments. The objection deadline is met only if LINGOHUB receives such objection within the time limit.

13. Final provisions

1. Austrian substantive law applies exclusively, with applicability of both the United Nations Convention on Contracts for the International Sale of Goods and international laws of conflict being excluded.

2. The place of fulfilment and performance is the registered office of LINGOHUB. The place of fulfilment also determines the time zone relevant for the provision of service times in accordance with these terms of use.

3. If individual provisions of these Terms of Use are or become void, ineffective or voidable, the other provisions remain unaffected. These provisions are deemed to be replaced by valid and enforceable provisions which serve the intended economic purpose best. This applies also to any contractual gaps.

4. The court having subject-matter jurisdiction for the place of fulfilment is agreed to have exclusive jurisdiction for any disputes between the User and LINGOHUB.

14. Contact

lingohub GmbH
Hauptplatz 23
4020 Linz
Austria
Represented by Helmut Juskewycz
Commercial Register/ Firmenbuch: 384721 t
VAT/UID: ATU67427457