Last modified on March 8, 2018.

The Chris Translation services and technology
are provided by Chris Translation, Inc. (“Chris Translation” or “we”), located
at  Rm 2101-2,21/F,Wing Tuck Commercial,177-183 Wing Lok St., Sheung
Wan,Hong Kong

By using our Service, you agree to these
terms. Please read them carefully.

1. DEFINITIONS

“You” means you as an individual, or if
applicable, the company or other legal entity you represent.

“Users” means visitors to this website or the
Service who are not registered users.

“Customers” means visitors who are also
registered users of the Service that seek to use the Services.

“In-house Translators” means third parties
who engage with Chris Translation and Customer to provide content translation
services as contractors of Chris Translation (not employees).

“Service” means all the Chris Translation.com
websites, services, apps, related technology, and the translation services
provided to Customers and In-house Translators.

“Orders” means any order for Services created
by a Customer, and accepted by Chris Translation via acknowledge in the
Platform or otherwise in writing.

“Client Materials” means the source content
for translation by the Service, and any guidelines, glossary and other
materials provided by Customer.

“Translated Works” means the content translated
from the Client Materials.

“Chris Translation Quality Policy” is located
at https://www.chris-translate.com/english/pages/sitepolicy.html

“Quality Levels” are defined and described in
the Chris Translation Quality Policy.

“Platform” means Chris Translation’s online
portal and platform where you can access your Chris Translation Account,
initiate Orders and access the Service.

“TOS” means these Chris Translation Terms of
Service and any policies, guidelines, or other documents referenced herein.

“Chris Translation Affiliates” means any
company or entity worldwide including, without limitation, corporations,
partnerships, joint ventures, and limited liability companies in which Chris
Translation directly or indirectly holds at least a 50% ownership, equity, or
financial interest, including but not limited to its subsidiary Chris
Translation K.K.

2. USING OUR SERVICES

If You are entering into this TOS on behalf
of a company or other legal entity, You represent that You have the legal
authority to bind the legal entity to this TOS, in which case “You” or “Your”
means that entity. If You do not have this authority, or if You do not agree
with the terms and conditions of this TOS, and You may not use the Service or
any Service related materials. You represent that you are 18 years of age, or
of the age of majority in your place of residence or jurisdiction.

You agree to:

Be responsible for the activity that happens
in connection with your Chris Translation account

Keep your password confidential

Comply with any policies made available to
you by Chris Translation

Not abuse or conduct illegal activity using
our Service

Not contact or attempt to contact In-house
Translators outside of the Platform that Chris Translation provides for
communication

Not defame or harass Chris Translation, or
its employees, contractors, Customers, or In-house Translators

Not create multiple Chris Translation
accounts for any reason

Chris Translation may suspend or terminate
your access to the Service or an Order if you do not comply with this TOS or if
we suspect misconduct, fraudulent activities or payment, or a violation of this
TOS, with or without notice.

Chris Translation may modify or suspend the
Platform or Service, at any time for any reason.

If You are a Translator, or applying to
become a Translator, this TOS also applies to You. Approved In-house
Translators are also subject to the Chris Translation Translator Agreement.

3. ORDERS, APPROVAL, RETURN POLICY

Account and Credits. Before initiating
an Order, You must first register as a Customer and create a Chris Translation
account. You agree to keep all account information updated and accurate at all
times. Any personal information you provide will be subject to the Chris
Translation Privacy Policy.

Payment. Before initiating an Order,
Customer must buy sufficient Chris Translation credits for the Services you
desire to purchase. Chris Translation credits are non-refundable and can be
purchased here.

Chris Translation will apply gross-up
calculation to the payment. This means that the payment to Chris Translation
must be made in cleared funds, without any deduction or set-off and free and
clear of and without deduction for or on account of any taxes, levies, imports,
duties, charges, fees and withholdings of any nature now or hereafter imposed
by any governmental, fiscal or other authority save as required by law. If you
are compelled to make any such deduction, you will pay Chris Translation any
additional amounts as are necessary to ensure receipt by Chris Translation of
the full amount it would have received but for the deduction.

Order. Customer can initiate an Order by
providing all the required information via the Platform, including the Quality
Level for your translation as described in the Chris Translation Quality Policy.

Client Materials. Customer is
responsible for providing the Client Materials to be translated, materials
describing the context of the translation, and all other necessary materials
(glossary guide, etc.) when placing the Order. Chris Translation may make
recommendations on which source materials and in what format to provide source
materials, but ultimately the quality of the results will depend on the
clarity, accuracy, and comprehensiveness of the Customer’s source materials and
instructions provided.

Cancellations. Customer can cancel any
Order if the project has not yet been engaged by a Translator. It is not
uncommon for an Order to be engaged by a Translator immediately after the Order
is placed. To attempt to cancel an Order, Customer can click the “cancel
button” on the Job Details page while awaiting a Translator, or contact Chris
Translation customer support directly at support@Chris Translation.com to
inquire if the Order can be cancelled. If the Order has been picked up by a
Translator, the Order cannot be cancelled and there will be no refund of
credits.

Delivery of Translated Works. Chris
Translation cannot guarantee that a particular Translator or that any
Translator will choose to engage on your Order. If the Order is completed by a
Translator, Chris Translation will return the Translated Works to Customers
according to the quality level specified in the Order.

Chris Translation gives an estimated time for
Service completion, but cannot guarantee an exact delivery time. We will email
you when the Translated Works are ready for your review. Unless otherwise
expressly agreed by Chris Translation, time is not of the essence for delivery
or performance, and no delay shall entitle you to reject any delivery.

Approval or Rejection. Upon Chris
Translation’s notification of delivery of the Translated Works, Customer will
have strictly 120 hours to review the Translated Works. Customer may approve
the Translated Works via the Platform. If Customer does not take action via the
Platform within the 120 hour review period, the Translated Works will be deemed
“Approved” and the Translator will be paid for the Translated Works. Once
“Approved”, no alterations, revisions, or refunds of the Translated Works will
be provided.

Due to the nature of language translation,
errors in translations will inevitably occur. Customers may reject the
Translated Works within the 120 hour review period if it reasonably determines
that it does not meet the Quality Level that was ordered. We will perform a
quality audit and typically get back to you within one business day of the
rejection. If Chris Translation determines that the Translated Works that you
have rejected did not meet the quality level specified in the Order, then Chris
Translation will honor the rejection and provide a retranslation or allow the
Order to be cancelled.

Chris Translation’s liability will be limited
to correcting the errors or providing refund.

Disclaimer. You agree to review any
Translated Works before making such content public, and you expressly agree
that Chris Translation will not have any liability or indemnity obligations to
you based on the Translated Works if you fail to do so.

4. IN-HOUSE TRANSLATORS; CONTRACTORS.

Chris Translation may use and retain third
party contractors (such as in-house In-house Translators) to provide
the Service to you. As such, you agree that Chris Translation may sublicense
its rights under this TOS to third parties to act on Chris Translation’s
behalf, provided that such third parties are contractually bound by terms no
less protective of Customer than this TOS. Chris Translation is solely
responsible for paying and resolving all disputes with third party contractors
and In-house Translators.

5. CLIENT MATERIALS DISCLOSURE

We disclose the Client Materials to potential
In-house Translators and contractors, in order to provide you the Service
(e.g., previewing the content in order to decide whether to engage the Order)
and as set forth in Section 6 below.

You are solely responsible for editing or
removing any confidential or personally identifiable information in the Client
Materials if you do not wish to disclose that information.

6. INTELLECTUAL PROPERTY

All intellectual property rights in the
Translated Works will be assigned to Customer upon Customer’s Approval of the
Translated Works and Your compliance with this TOS.

The trademarks, names, logos and service
marks (collectively “Trademarks”) such as “Chris Translation”, “myChris
Translation”, and “Communicate Freely”, are trademarks of Chris Translation.
Nothing contained in this TOS shall be construed as granting any license or
right to use any Trademark without Chris Translation’s prior written
permission. The content on the Service is protected by intellectual property
laws and may not be copied, distributed, modified, published, or transmitted in
any manner.

Third party content and trademarks displayed
on the Service are owned by their respective owners and may not be reproduced
in whole, or in part, without the express written permission of the owner.

If you opt in to allow Chris Translation to
use your Translated Works as “public examples,” you grant Chris Translation a
worldwide, perpetual, royalty-free, irrevocable, license to publish and display
your Client Materials and related Translated Works in connection with
operating, promoting, and improving our Services. This license continues even
if you stop using our Services.

If you submit feedback or suggestions about
our Services, we may use your feedback or suggestions without obligation to you.

In order to provide you and our other
customers the best possible translation and language services, we (and those we
work with) may use your Client Materials and Translated Works to generally improve
the Services (for example, fine tune our turn around time estimates, or improve
machine translation and machine learning systems) and develop new products or
services ourselves or in partnership with third parties. If we do this, we
never make your Client Materials or Translated Works publicly available.

7. ABOUT APIS AND SOFTWARE IN OUR SERVICE

The Service may include APIs or software
(“Chris Translation Materials”) to facilitate your use of the Service and is
deemed a part of the Service. If you choose to use such Chris Translation
Materials, Chris Translation grants you a personal, worldwide, royalty-free,
non-assignable and non-exclusive license to use the Chris Translation Materials
for the sole purpose of enabling you to use and enjoy the benefit of the
Services as provided by Chris Translation, in the manner permitted by these
terms. You may not copy, modify, distribute, sell, or lease any part of our
Service or Chris Translation Materials, nor may you reverse engineer or attempt
to extract the source code of the Service or Chris Translation Materials. Chris
Translation does not guarantee the availability or performance of the Chris
Translation Materials. Your access or use may be limited or suspended at any
time.

8. WARRANTIES AND DISCLAIMERS

Customer represents and warrants that it has
all necessary right, title, and interest in the Client Materials, and that the
Client Materials will not and do not infringe or violate any third party’s
rights, do not violate any law, and do not contain any offensive or
unacceptable content.

The Service and Translated Works are provided
“AS IS”. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS,
NEITHER CHRIS TRANSLATION NOR ITS IN-HOUSE TRANSLATORS, CONTRACTORS, OR
SUPPLIERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. WE DON’T MAKE ANY
COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF
THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR
NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN
WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE
EXCLUDE ALL WARRANTIES.

9. INDEMNITY

Customer will indemnify and hold harmless
Chris Translation, its affiliates, current and past directors, officers, and
employees from and against any and all claims, taxes, losses, damages,
liabilities, judgments, settlements, costs and expenses, including attorneys’
fees and other legal expenses, arising directly or indirectly from or in
connection with: (1) Customer’s breach of any of its representations,
warranties or obligations under this TOS; (2) Customer’s negligent, reckless or
intentionally wrongful act or by its assistants, employees, contractors or
agents; (3) Customer’s failure to perform its obligations or exercise its
rights in accordance with all applicable laws, rules and regulations.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER PARTY OR ANY CHRIS
TRANSLATION AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, HOWEVER
CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER
EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING
THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL CHRIS
TRANSLATION’S OR CHRIS TRANSLATION’S AFFILIATES’ LIABILITY HEREUNDER EXCEED THE
AMOUNT PAID BY THE CUSTOMER TO CHRIS TRANSLATION DURING THE 12 MONTH PERIOD
BEFORE THE EVENT GIVING RISE TO LIABILITY.

 

 

11. GENERAL

This Agreement is governed by the laws of the
State of California, USA. Any claims or disputes shall be resolved in the state
or federal courts located in San Mateo County, California, USA.

Chris Translation may modify this TOS at any
time. You should look at the terms regularly. If you do not agree to the
modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between the terms in
this TOS and an Order, the Order will control for that conflict.

This TOS controls the relationship between
Chris Translation and you. They do not create any third party beneficiary
rights.

If you do not comply with this TOS, and we
don’t take action right away, this doesn’t mean that we are giving up any
rights that we may have (such as taking action in the future).

If it turns out that a particular term is not
enforceable, this will not affect any other terms.

You may not assign, transfer, or delegate any
portion of this Agreement without Chris Translation’s prior written consent.
Chris Translation may assign, transfer, or delegate any portion of this
Agreement with or without notice to You. Your attempt to assign, transfer, or
delegate this Agreement without Chris Translation’s consent will be null and
void.