User Agreement

Updated November 21, 2024

BabelViz is owned and operated by Pinebun Limited.

These Terms of Service constitute the agreement between you (“You”, “User”) and BabelViz or our affiliates (“we”, or “us”, “our” or “BabelViz”) regarding Your use of the babelviz.com (the “Site”), our software indicated herein (“Software”) and any of our other products or services located on the Site or through the Software (together with the Site and the Software referred to herein as the “Services”).

Please, note that not all the Services of BabelViz are covered by these Terms. Some Services have their separate terms of service, which prevail over these Terms. Your use of the Services is subject to your acceptance and compliance with these Terms. "Use" or "using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the documentation. If you do not agree to these Terms, do not use the Services.

Each time you access or use the Services, the current version of these Terms will apply. These Terms will always be available on the Site.

Your use of the Services is also subject to our Privacy Policy, available on the Site and incorporated into these Terms by reference; in addition, you agree to abide by our rules, policies, and procedures we may publish on the Services from time to time.

We reserve the right at any time and without notice to change these Terms. If you have questions regarding these Terms, please contact us by e-mailing us.

LEGALLY BINDING AGREEMENT

This is a legally binding agreement. By downloading and installing the Software, you acknowledge and accept all terms and conditions outlined in this agreement. You agree that this agreement is enforceable in the same manner as any written agreement that you have signed, and it is legally binding between you and the publisher.

If you do not understand this agreement, or do not agree to be bound by it or the privacy policy referenced herein, you must immediately leave the site and refrain from installing the Software. If you wish to use the Software as an employee, contractor, or agent of a corporation, partnership, or similar entity, you must be authorized to sign on behalf of and bind that entity to the terms of this agreement. By proceeding, you represent and warrant that you possess the necessary rights and authority to accept these terms on behalf of the entity you represent.

Additionally, by accessing or using the site, services, and/or software, you confirm that you are at least 18 years old (or if you are between 13 and 17 years old, inclusive, that you are using the site, services, and/or software only with the approval of your parent or guardian), that you are legally able to enter into this agreement, and that you have read, understand, and agree to be bound by this agreement.

SOFTWARE AND LICENSES

When used in these Terms, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:

SOFTWARE

"Software" means all of the contents of the downloads containing BabelViz Software with which these Terms are applicable, including but not limited to (A) registration information, i.e. license key which is unique for your registration name; (B) related explanatory written materials or files; (C) Software setup files and code samples (if any); and (D) any upgrades, modified versions, updates, additions, and copies of the Software, if any, provided to you by us now or in the future.

"Trial Version" means a version of the Software to be used only to review, demonstrate and evaluate the Software. Any functional peculiarities, limitations or problems present in the Free Version are and will not be a basis or reason for You to obtain a refund of a purchased license.

LICENSE

BabelViz as the licensor, grants You as the licensee, a non-exclusive right to use the Software under these Terms. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. BabelViz reserves all rights not expressly granted to You. BabelViz retains the ownership of the copyright in and to the Software.

For Software acquired on a subscription basis, the license duration is subject to the subscription terms.

CANCELLATION OF THE SERVICE

SUBSCRIPTION FEES

The Software requires an annual subscription fee, which must be paid in advance. The fees and applicable Software functions will be communicated to you before purchase.

TERMINATION CONDITIONS

This Agreement shall remain in effect until terminated as set forth herein. After the initial service period, this Agreement is automatically renewed for successive terms of the same period unless You provides BabelViz written notice of termination at least 20 business days prior to the renewal date. BabelViz may terminate this Agreement at any time, for any reason, upon written notice to you.

TERMINATION

If the subscription is cancelled within 14 days of the start of the first year, You may submit a formal refund request by email. Upon approval, the subscription fee will be refunded, access to the Software will be immediately revoked, and no further use will be permitted.

If you violate these Terms, BabelViz reserves the right to terminate your access immediately. Upon termination, you must cease all use of the Software and destroy all copies.

PERMITTED USES AND RESTRICTIONS

USES

Subject to Your compliance with these Terms, BabelViz grants You a non-exclusive, limited, revocable, non-transferable license to use the Software solely as follows:

  • The Trial Version of Software may be installed and used by You for the sole purpose of trying and evaluating this Software.
  • The Trial Version of Software may be installed and used by You on a single system.
  • Unauthorized copying of the Software is expressly forbidden.
  • Your distribution of a Trial Version of the Software to a third party will not entitle You to any compensation from Us.

RESTRICTIONS

  • You may not rent, lease, or lend the Software to anyone.
  • You may not permanently transfer all of Your rights under these Terms, unless We are notified of and consent to the assignment and the assignee agrees to the terms of these Terms.
  • We hold no responsibility for the results of using Software acquired illegally or through an unauthorized distributor.
  • Except as and only to the extent permitted in these Terms and by applicable law, You may not copy, adapt, translate, decompile, reverse engineer, disassemble, modify, or create derivative works of the Software or advertise the Software in any form.
  • Without prejudice to any other rights, We may terminate these Terms if You fail to comply with the terms and conditions of these Terms or other documents referred to herein. In such event, You must destroy all copies of the Software.

TRANSFER

You may not assign, rent, lease, lend, sell, redistribute or sublicense the Software, except as provided herein or with our express consent and agreement.

NO WARRANTIES

You expressly acknowledge and agree that use of the software is at your sole risk and that the entire risk as to satisfactory quality, performance, safety, accuracy, and effort is with you. The software is provided "as is" with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the software, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights.

LIMITATION OF LIABILITY

To the extent not prohibited by law, in no event shall we be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the software or any third-party software or applications in conjunction with the software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages.

In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the lesser of (a) the amount you paid for the extension, or (b) USD $50. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

COMPLETE AGREEMENT

These Terms constitute the entire agreement between you and us relating to the Software and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of these Terms will be binding unless in writing and signed by us.

GOVERNING LAW

These terms and conditions are governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

QUESTIONS

You may contact us with any questions relating to this User Agreement by e-mailing us.