Terms of Service

Last update: May 7, 2021

Thank you for using Linguin AI! The company building and operating Linguin AI is called General Scripting GmbH with headquarters in Berin, Germany.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to General Scripting GmbH, the company behind Linguin AI.

When we say "Service", we mean the Linguin AI platform, wether delivered within a web browser, desktop application, mobile application, via API, or any other format.

When we say "You" or "your", we are referring to the people or organizations that own an account with our Service.

Linguin AI is a professional Service for businesses and we therefore consider you to use it for professional purposes and not as an end-user.

We may update these Terms of Service in the future. You can track all changes made since mid-2021 on GitHub. Typically these changes have been to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will also announce them on our website.

When you use our Service, now or in the future, you are agreeing to the latest Terms of Service. That's true for any of our existing and future products and all features that we add to our Service over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you violate any of the terms, we may terminate your account.

Account Terms

  1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You may not use the Service for any harmful purpose like Phishing or otherwise attempting fraud.
  3. You are responsible for all activity that occurs under your account. That includes activities by anyone who: (a) has access to your login credentials; or (b) has their own logins under your account.
  4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payments & Refunds

  1. If you are using a free version of our Service, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Service — we do not sell your data.
  2. If you are activating your account by entering a credit card, we will immediately authorize - but not charge - an amount below $10 to ensure the card is working. After activation we will calculate usage and invoice you on a monthly basis, charging the credit card on file.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Oherwise, you are responsible for payment of all taxes, levies, or duties.
  4. Since we only charge you after delivery, no refunds are possible.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. Within our Service, we provide a simple no-questions-asked cancellation link. An email or phone request to cancel your account is not automatically considered cancellation. If you need help cancelling your account, you can always contact us.
  2. We have the right to suspend or terminate your account and refuse any and all current or future use of our Service for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or API. We also reserve the right to refuse the use of the Service to anyone for any reason at any time.
  3. Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.

Uptime, Security, and Privacy

  1. Your use of the Service is at your sole risk. We provide the Service on an “as is” and “as available” basis. We do not offer service-level agreements for our Service — except for customers with a custom contract — but do take uptime of our applications seriously. Visit https://linguin.statuspage.io/ to see the status of our Service.
  2. We reserve the right to temporarily disable your account if your usage shows patterns of abuse (e.g. large spikes in API usage instead of bulk requests). Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted.
  4. When you use our Service, you entrust us with your data. We take that trust to heart. You agree that we may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
  • To help you with support requests you make. We'll ask for express consent before accessing your account.
  • On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause as much as possible to avoid the errors from reoccurring.
  • To safeguard our Service. We'll look at logs and metadata as part of our work to ensure the security of your data and the Service as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
  • To the extent required by applicable law. As a german company with all data infrastructure located in Germany, we only preserve or share customer data if compelled by a german government authority with a legally binding order or proper request. If a non-german authority approaches us for assistance, our default stance is to refuse unless the order has been approved by the german government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If we are audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
  1. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

Features and Bugs

We design our Service with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Service will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.

Services Adaptations and API Terms

Our Service offers an Application Program Interface ("API") as the main method of usage. Any use of the API, including through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:

  1. You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
  2. Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user's activity, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
  3. Abuse or excessively frequent requests - especially beyond the maximum number of daily requests covered by our pricing calculator on linguin.ai - to the Service via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account's access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Service does mean you are making a bet on us. If the bet does not work out, that's on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent. If you choose to use our Service, thank you for betting on us.

If you have a question about any of the Terms of Service, please contact us.

Our policies are open source, licensed under CC BY 4.0.
Adapted from the Basecamp open-source policies / CC BY 4.0.

© 2021 General Scripting GmbH
@LinguinAI