Terms of use

Update: Oct 4, 2024

Effective: Oct 5, 2024

Thank you for using TransGull.

These Terms of Use apply to your use of TransGull for individuals, along with any associated software applications and websites (all together, “Services”). These Terms form an agreement between you and Say Wow, Inc., a Delaware company, and they include important provisions for resolving disputes through arbitration. By using our Services, you agree to these Terms.

Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.

Who we are

Say Wow, Inc. is dedicated to using artificial intelligence to change how people learn languages and communicate, helping them overcome barriers in language learning and communication. For more information about Say Wow, please visit https://transgull.com/about/ourstory

Registration and access

Minors. If you are a minor, you must have your parent or legal guardian’s permission to use the Services.

Registration. You must provide accurate and complete information to register for an account to use our Services. You may only register on your own behalf and are prohibited from using another person's information for registration. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account.

Using our Services

What you can do. Subject to your compliance with our Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws.

What you cannot do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:

• Use our Services in a way that infringes, misappropriates or violates anyone’s rights.
• Modify, copy, lease, sell or distribute any of our Services.
• Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
• Automatically or programmatically extract data or translation output (defined below).
• Represent that translation output was human-generated when it was not.
• Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.
• Use translation output to develop services that compete with TransGull.
• Use our Services to translate content for illegal or criminal activities.
• Use our Services to translate pornographic or violent content.

Software. Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licenses that we’ve made available to you.

Third party Services. Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.

Feedback. We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.

Content

Your Content. You may provide content to the Services that needs to be translated (“Input”) and receive translation results from the Services based on the Input (“Output”). Input and Output are collectively referred to as “Content.” You are responsible for the Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have the necessary permissions to provide Input to our Services.

Ownership of Content. We do not claim ownership of your input or the translation output generated by our services. Due to the nature of artificial intelligence services and the potential similarity of translation outputs, we cannot guarantee that you can assert ownership of the translation output.

Our use of content. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.

Opt out. If you do not want us to use your Content to train our models, you can opt out by contacting us. Please note that in some cases this may limit the ability of our Services to better address your specific use case.

Dependability: There are still certain limitations in AI services. You understand and agree:

• Speech recognition and translation results are not always accurate. When making significant decisions or gathering information, you should not rely on our service outputs as the sole basis or as a substitute for relevant professional services.
• Do not use translation results for any purpose that could have legal or material impacts, such as credit, education, employment, housing, insurance, legal, medical, or other important decisions, without professional review.
• Our AI’s recognition and translation outputs may be incomplete, incorrect, culturally biased, or offensive, but these outputs do not represent our views.

Our IP rights

We and our affiliates own all rights, title, and interest in and to the Services.

Paid services

Service credits. Our services typically require the use of Service Credits. You can purchase Service Credits in advance for usage. You can also participate in our promotions to receive Service Credits for free. All Service Credits are governed by our Service Credit Terms.

Specific Paid Features. Certain paid features may require separate payment. Please purchase them based on the specific prices and payment methods on the corresponding purchase interface.

Service Content Adjustment. You understand and agree that we have the right to provide our services or features to different types of users for free or for a fee based on our operational strategy needs. We reserve the right to charge for free services or features and also have the right to offer some or all paid services or features to free users for experience and use through direct free, limited-time free, or conditionally free methods.

Termination and suspension

Termination. You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:

• You breached these Terms.
• We must do so to comply with the law.
• Your use of our Services could cause risk or harm to Say Wow, our users, or anyone else.

We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.

Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting us.

Discontinuation of Services

We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.

Disclaimer of warranties

OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

YOU ACCEPT AND AGREE THAT ANY USE OF TRANSLATION OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

Limitation of liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED ​​THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

SAY WOW’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

Indemnity

If your actions cause significant losses to Say Wow or result in third-party claims due to your violation of these terms while using the Services and Content, we reserve the right to seek compensation from you. This compensation includes, but is not limited to, direct economic losses to Say Wow, as well as any costs, losses, liabilities, and expenses (including attorneys’ fees) arising from third-party claims.

Dispute resolution

If You have any concern or dispute about the Services, You agree to first try to resolve the dispute informally by contacting us.

Explanation of Terms Translation

These Terms may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

General Terms

Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

Changes to these Terms or our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:

• Changes to the law or regulatory requirements.
• Security or safety reasons.
• Circumstances beyond our reasonable control.
• Changes we make in the usual course of developing our Services.
• To adapt to new technologies.

We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.

Delay in enforcing these Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

Trade controls. You represent and warrant that (a) You are not located in any country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (b) You are not listed on any United States government list of prohibited, unauthorized, or restricted parties. Additionally, you must comply with all applicable trade laws, including sanctions and export control laws. Our services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our services may not be used for any end use prohibited by applicable trade laws, and your input may not include material or information that requires a government license for release or export.

Governing law. California law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco, California.