These are the SaaS terms, relevant for those wishing to create an account and utilize the services provided by Awtomated. For general site usage terms, please see (Please use the URL)
Effective starting 01-12-2022
Please read these terms and conditions carefully and immediately cease using the Services if you do not agree to it. These Terms and Conditions, and any other terms and policies referred to in these Terms and Conditions, form the agreement
Awtomated (A Product of Linguidoor Language Services) (referred to as “SaaS Provider”, “we” or “us”)
The user (referred to as “Customer” or “you”),
Collectively referred to as the Parties or each a Party, (Terms and Conditions).
AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and (“Us”) concerning your access to and use of the https://www.awtomated.com website as well as any other media form, media channel, or mobile website related, linked, or otherwise connected thereto (collectively, the “Site”).
We are registered in Germany and have our registered office at Dircksenstraße 3, 10179 Berlin. Our VAT number is DE 31 860 63 39 .
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
Any information containing personal data shall be handled in accordance with all applicable privacy laws and regulations, including without limitation the GDPR and equivalent laws and regulations. If for the performance of the Project it is necessary to exchange personal data, the relevant Parties shall determine their respective positions towards each other (either as controller, joint controllers or processor) and the subsequent consequences and responsibilities according to the GDPR as soon as possible after the Effective Date and where required implement these in a separate written agreement.
The Site is intended for users who are at least 16 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.
On or from the Effective Date and during the Term, the Awtomated agrees to provide the Services in accordance with the terms and conditions. The Customer agrees the Awtomated owns or holds the applicable licences to all Intellectual Property Rights including but not limited to copyright in the Software and SAAS Services and any documentation provided with the Services by the Awtomated to the Customer including any Customer configuration documentation.
The Awtomated reserves the right to change or remove features of the SAAS Services from time to time. Where there is any material alteration to the SAAS Services in accordance with this clause, the Awtomated will provide the Customer with 5 Business Days’ notice and the Customer agrees that any material alteration is at the Awtomated’s discretion.
The Parties agree that the Awtomated:
- Will supply the Services on a non-exclusive basis;
- Does not make any warranty or representation as to the ability of the facilities or services of any third-party suppliers; and
- Is not liable for any failure in, fault with or degradation of the Services if that failure, fault or degradation is attributable to or caused by any failure of the Customer Environment or the facilities or services of any third party.
The SAAS Provider reserves the right to refuse any request in relation to the Services that it deems inappropriate, unreasonable or illegal.
CUSTOMER RESPONSIBILITIES AND OBLIGATIONS
Customer agrees that except as provided by these terms and conditions, Customer is responsible for its secure use of the Services, including securing its account authentication credentials, protecting the security of User Data when in transit to and from the Services and taking any appropriate steps to securely encrypt or backup any Customer Data uploaded to the Services.
- be responsible for Users’ compliance with this Agreement, Documentation and Order Forms,
- be responsible for the accuracy, quality and legality of Customer Data, the means by which Customer acquired Customer Data and Customer’s use of User Data with the Services,
- use commercially reasonable efforts to prevent unauthorized access to or use of Services and Content, and notify Awtomated promptly of any such unauthorized access or use,
- use Services and Content only in accordance with this Agreement, Documentation, the Acceptable Use Policy , Order Forms and applicable laws and government regulations, and
- obtain and maintain all equipment and components necessary for Customer’s use of the Service.
Customer shall be solely responsible for its acts and omissions and for those acts or omissions of its Authorized Users while performing any of the services to be provided under these terms and conditions.
Customer shall be solely responsible and liable for all probationary and termination actions taken by it, as well as for the formulation, content and dissemination (including content) of all tool policies and rules applicable to its Authorized Users.
AUTHORIZED USERS AND USE POLICY
Each Authorized User must be a person and may only use the Service on behalf of the Customer. They may be an independent contractor or a service provider for the Customer. Customer will at all times be responsible and liable for all actions or omissions of
- any Authorized User or
- (ii) under an Authorized User’s account, whether such action or omission was by an Authorized User or by another party, and whether or not such action or omission was authorized by an Authorized User.
CUSTOMER ACKNOWLEDGES AND AGREES THAT AWTOMATED HAS NO OBLIGATION TO MONITOR OR POLICE COMMUNICATIONS OR DATA TRANSMITTED THROUGH THE SITE OR SERVICES AND THAT AWTOMATED SHALL NOT BE RESPONSIBLE FOR THE CONTENT OF ANY SUCH COMMUNICATIONS OR TRANSMISSIONS. CUSTOMER AND ITS AUTHORIZED USERS SHALL USE THE SITE OR SERVICES EXCLUSIVELY FOR AUTHORIZED AND LEGAL PURPOSES, CONSISTENT WITH ALL APPLICABLE LAWS, REGULATIONS AND THE RIGHTS OF OTHERS. CUSTOMER AND ITS AUTHORIZED USERS SHALL NOT USE THE SITE OR SERVICES TO TRANSMIT ANY BULK UNSOLICITED COMMERCIAL COMMUNICATIONS. CUSTOMER SHALL KEEP CONFIDENTIAL AND NOT DISCLOSE TO ANY THIRD PARTIES ANY USER IDENTIFICATIONS, ACCOUNT NUMBERS AND ACCOUNT PROFILES.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise provided, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Germany, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
USER DATA AND REPRESENTATIONS
The Customer grants to the Awtomated a limited license to copy, transmit, store and back-up or otherwise access, use or make reference to any Intellectual Property Rights in the Data:
- To supply the Services including to enable the Authorised Users to access and use the Services and to develop other services.
- To do analysis for the purposes of predictive safety analytics, industry guideline production and other safety-related uses.
- To test, enhance and otherwise modify the Services whether requested by the Customer or not.
As reasonably required for the performance of the Awtomated’s obligations under these Terms and Conditions.
By using the Site, you represent and warrant that: (1) ALL REGISTRATION INFORMATION YOU SUBMIT WILL BE TRUE, ACCURATE, CURRENT, AND COMPLETE; (2) YOU WILL MAINTAIN THE ACCURACY OF SUCH INFORMATION AND PROMPTLY UPDATE SUCH REGISTRATION INFORMATION AS NECESSARY; (3) YOU HAVE THE LEGAL CAPACITY AND YOU AGREE TO COMPLY WITH THESE TERMS AND CONDITIONS; (4) YOU ARE NOT UNDER THE AGE OF 13; (5) YOU ARE NOT A MINOR IN THE JURISDICTION IN WHICH YOU RESIDE, OR IF A MINOR, YOU HAVE RECEIVED PARENTAL PERMISSION TO USE THE SITE; (6) YOU WILL NOT ACCESS THE SITE THROUGH AUTOMATED OR NON-HUMAN MEANS, WHETHER THROUGH A BOT, SCRIPT OR OTHERWISE; (7) YOU WILL NOT USE THE SITE FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE; AND (8) YOUR USE OF THE SITE WILL NOT VIOLATE ANY APPLICABLE LAW OR REGULATION.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
The Awtomated must maintain commercially reasonable security measures to protect all Confidential Information in its possession or control, or in the possession or control of its Personnel, from unauthorized access, use, copying or disclosure as per the GDPR rules to ensure Accuracy. Storage limitation. Integrity and confidentiality (security) Accountability.
DATA SECURITY AND RESPONSIBILITIES
Customer’s Content and date stored on the platform is the sole responsibility of the customer which incudes making inputs and updates in user data and make sure that the Customer Content does not contain anything that violates or may violate the copyright, trade secret, trademark, or other intellectual property rights of any third party and that Customer has collected and handled all Customer Content in compliance with all applicable data privacy and protection laws, rules, and regulations.
During the Term, the Awtomated will provide the Support Services in accordance with the Service Levels during the Support Hours provided that:
The Customer provides the SaaS Provider with notice for applicable Services in accordance with any applicable system and processes as set out on the Site, as applicable;
And where required, the Customer assists with investigating and ascertaining the cause of the fault and provides to the Awtomated all necessary information relevant to the fault (including but not limited to what the Customer or their Personnel has done in relation to the fault).
SERVICE FEE AND PAYMENT
The Awtomated is currently not charging any fee but The Awtomated shall have the right to determine, at its reasonable discretion, the service fee and proper payment manners for Service Receiving Parties. The calculation and payment manners of the service fee will be stipulated later in updated terms and conditions.
As part of subscribing and accessing the Service, the User will need to register with Awtomated creating a unique ID based on username. The User will provide Awtomated with certain registration information, all of which must be accurate, truthful, and updated.
The User shall not:
- Select a username already used by another person
- Use a username in which another person has rights without such person’s authorization or
- Use a username that Awtomated, in its sole discretion, deems offensive or inappropriate.
Your account is secured by a password You provide. You shall be solely responsible for maintaining the confidentiality of your password and consequently You are fully responsible and liable for all usage and activity on your account. You shall immediately notify Awtomated of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You are responsible for keeping your contact information updated as Awtomated will use the same for all communication as pertains to the Service and Awtomated cannot be held liable for a failure to communicate if the Users contact information is incorrect or outdated.
The Term of this Agreement takes effect on and from the Effective Date and continues for the Initial Term, if specified, and any Renewal Term, or otherwise indefinitely, unless this Agreement is terminated earlier in accordance with the terms of this Agreement.
Where there is no Initial Term or Renewal Term, Customer may terminate this Agreement at any time from your account or by contacting us using the contact information provided below. If you are unsatisfied with our services, please email us at email@example.com or call us at +4917634355168. Awtomated also reserves the right to terminate this agreement by giving at least 30 Business Days’ notice to the Customer if the Customer is in breach (other than a trivial breach causing no material harm) of any provision of this Agreement and, where the breach is capable of remedy, the Customer has failed to remedy the breach within 30 Business Days of receipt of written notice from the SAAS Provider describing the breach and calling for it to be remedied. The Automated may terminate this Agreement immediately by giving written notice to the Customer where:
- The Customer undergoes a Change of Control to a competitor of the Awtomated as determined by the SAAS Provider.
- The Customer commits a breach of this Agreement not capable of remedy.
Subject to this clause, each Party must keep confidential and not use or permit any unauthorised use of, all Confidential Information.
Clause does not apply where:
- The information is in, or comes into, the public domain.
- The relevant Party has the prior written consent of the Party that disclosed the Confidential Information;
- The disclosure is required by law
- The disclosure is required in order to comply with this Agreement, provided that the Party disclosing the Confidential Information ensures the recipient complies with the terms of this clause and
- The disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with this Agreement and provided that the Party disclosing the Confidential Information ensures the adviser complies with the terms of this clause.
Each Party acknowledges and agrees that monetary damages may not be an adequate remedy for a breach of this clause 12. A Party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach of this clause.
The confidentiality provisions of this Agreement shall remain in full force and effect even after the termination of these Terms and Conditions. The User snd Awtomated agrees that during and after termination of this agreement, The Parties shall not disclose or divulge to others, any trade secrets, confidential information, or any other data of in violation of this agreement.
Each Party and its Personnel agrees to comply with its obligations under the Directive (EU) 2016/680 and any other applicable legislation or privacy guidelines as amended from time to time in relation to personal information collected, used or disclosed by the party in connection with the Services and this Agreement.
The Customer must take all necessary steps to ensure that the personal information held or accessed by it in connection with this Agreement is protected against misuse, interference and loss, and from unauthorized access, modification and disclosure (Data Breach). The Customer will promptly give written notice to the Service Provider of any actual or suspected Data Breach and will provide information, assistance and other cooperation as requested by the Service Provider in respect of the Data Breach.
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, graphics, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”) which may include but not limited to Amazon AWS Server based in Frankfurt, Google Analytics and Cookies. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us.
If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, decision of charging for services, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
You understand and acknowledge that You are participating in Licensor’s Beta Test for the Website/Software, You are receiving a preliminary version of the Software, and the Software may not operate properly, may not perform all functions for which it is intended or represented, and may not operate error-free. You agree to provide Licensor with Your comments, criticisms, and suggestions for changes with respect to the Software, and agree to help Licensor identify any and all errors or malfunctions in the operation of the Software.
These conditions are governed by and interpreted following the laws of Germany, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Awtomated and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Berlin, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Germany, or in the EU country in which you reside.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions disputes brought by either you or us, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Berlin, Germany. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Germany.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR OR YOUR AUTHORIZED USER’S USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
use of the Site; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
The Parties agree the Awtomated may in its sole discretion engage subcontractors to perform the Services on its behalf.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: