Last updated: June 2010
MultiQA OÜ provides online terminology management and quality assurance services at its portal multiQA.com (referred to as the “Services” in this document) within the scope of commercial offerings, functionality, or features subject to your choice of the offered role to use applicable Services.
You can accept the Terms by: (A) clicking to accept or agree to the Terms, where this option is made available to you by MultiQA OÜ in the user interface for any Service; or (B) by actually using the Services. In this case, you understand and agree that MultiQA OÜ will treat your use of the Services as acceptance of the Terms from that point onwards.
In order to access the Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to MultiQA OÜ will always be accurate, correct, and up to date.
Unless you have been specifically permitted to do so in a separate agreement with MultiQA OÜ, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
Only you may use your Services account. For some parts of the Services, you may set up additional member accounts that are dependent on your account (an “associated account”). You are responsible for all activity that takes place with your Services account or an associated account.
If you are the user of an associated account, then the holder of the Services account has full control over your associated account. This control includes the right to end the Services, close or alter your associated account at any time, and, in some cases, to request and receive machine and Services usage information related to your associated account.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify MultiQA OÜ immediately by writing to feedback@multiqa.com.
MultiQA OÜ respects your privacy and protects your data that is being processed through the use of the Services. MultiQA OÜ does not transfer your personal data or data that you submit to the Services or create during the use of the Services to any third party, nor collects, stores, or otherwise uses such data for its own use, unless the purpose of such action is expressly stated and agreed with you. The files that you upload to the Services to perform checks are not stored or otherwise used by us and are automatically erased upon performing a check. The report of the check is sent to your valid email address supplied during registration or otherwise set by you in check options.
When you create a billing account, you enter your payment method. You must be authorized to use the payment method. You authorize us to charge you for the Services and/or for any paid feature of the Services for which you choose to sign-up or use while this contract is in force using your payment method. You will pay all charges in advance according to the price schedule for the time period of the Services that you subscribed for. Your Service may be cancelled at the end of your subscription term if you do not have a billing account or have not elected to renew your subscription with a charge to your payment method.
You must keep all information in your billing account current, including your billing address and the expiration date of your credit card. You can access and make changes to your billing account via the “Account Management” section of the multiQA.com MENU. You may change your Payment Method at any time.
You may have received access to the Services for a limited period of time free of charge. If you are participating in any trial period offer, by the end of the trial period you must remove all data that you loaded through the use of the Services, unless you choose to make them public. Unless you take any action, all data in connection with your trial account will be removed automatically upon termination of the trial period.
Prices for the Services exclude all taxes and telecommunication charges, unless expressly stated otherwise. You are responsible for any taxes that you are obligated to pay or that we may collect from you. You are responsible for all other charges (for example, telecommunications charges). Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the Services from time to time upon notice to you. In addition, the price we set for certain features or functions in the Services may vary depending on whether the features or functions are accessed through any standing programs or temporary promotions.
If there is a specific period basis and price for your Services offer, then that price will remain in force for that time. After the offer period ends, your use of the Service will be charged at the then current price. If you do not agree to these changes, then you must cancel and stop using the Services before the changes take place. If you cancel your Services, then your Services subscription will end immediately.
Unless otherwise provided by law or in connection with any particular Services offer, all charges are non-refundable and the costs of any returns will be at your expense.
Charges on your Billing Account will be summarized for you via online statement or via e-mail receipt sent to the e-mail address you provided at initial Services sign-up. You agree that such online statement or e-mail receipts are the only statement of your Billing Account that we need to provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF EACH ONLINE STATEMENT OR EMAIL RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. If you request a paper copy of the online billing statement, we may charge you a retrieval fee. To request a paper copy of an e-mail receipt, call MultiQA OÜ Customer Support. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your email receipt or online statement. If you do not tell us within this time, we will not be required to correct the error. We can, but are not obligated to correct billing errors at any time.
You may cancel the Service at any time, with or without cause. Cancellation of the Service by you will not alter your obligation to pay all charges made to your billing account.
You are responsible for paying the fees charged by your internet access provider. You understand that those fees are in addition to the fees you pay us for the Services.
You understand that the Service may contain information (such as data files, written text, images, or other types of files) which you may have access to as part of, or through your use of, the Services.
You agree that you are solely responsible for (and that MultiQA OÜ has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions.
You may be able to submit materials for public use in connection with the Services. The Services include publicly accessible areas and areas to which you can control access by others. You understand that MultiQA OÜ, LTD. does not control or endorse the content that you and others post or provide on the Service. Except for content that we license to you, we do not claim ownership of the materials you post or provide on the Service. If you have associated accounts, it is your responsibility to control access to the content posted or created under your account. However, should you choose to make public the content that you post or provide, you grant to the public (for content posted on public areas of the service), and, in this case, to us, free, unlimited, worldwide, nonexclusive, perpetual, and irrevocable permission to: use, modify, copy, distribute, and display the content in connection with the Services; publish your name or other information you supply in connection with the content; and grant these rights to others.
The Services may include hyperlinks to other web sites or content or resources. MultiQA OÜ may have no control over any web sites or resources which are provided by companies or persons other than MultiQA OÜ.
You acknowledge and agree that MultiQA OÜ is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that MultiQA OÜ is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT MultiQA OÜ’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” IN PARTICULAR, MultiQA OÜ DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MultiQA OÜ OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. MultiQA OÜ FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SUBJECT TO OVERALL PROVISION IN THE ABOVE PARAGRAPH, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MultiQA OÜ SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING; (II) ANY CHANGES WHICH MultiQA OÜ MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE MultiQA OÜ WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON MultiQA OÜ’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT MultiQA OÜ HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.