Table of Contents
I. Website Terms of Use
II. Professional Services Agreement
III. Platform Terms of Use
IV. Refund Policy
V. Acceptable Use Policy
These terms of use (“Terms of Use”) are entered into between You and AssuranceClick. (“AssuranceClick,” “we,” or “us”) and govern your access to and use of assuranceclick.com (“Site”) as a guest. Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, found at, and our Acceptable Use Policy. If you do not agree to any of those terms, you must not access or use the Site.
This AssuranceClick Platform Agreement (this “Agreement”) is a binding contract between you or the company you represent (“Customer,” “You,” or “Your”) and AssuranceClick App Quality, Inc. (“AssuranceClick,” “we,” or “us”). This Agreement governs your access to and use of the AssuranceClick Platform (“the Platform”). This Agreement incorporates by reference the terms of AssuranceClick’s Acceptable Use Policy found at https://www.assuranceclick.com/terms. PLEASE READ CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT ACCESS THIS PRODUCT. BY CLICKING “I AGREE” AFTER READING THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS.
We are dedicated to your satisfaction and to providing high-quality translation services. If, for any reason, you are not satisfied with the service you have received, we offer a 14-day refund policy.
Refund Eligibility
To be eligible for a refund, please contact us within 14 days of receiving your translation. The request for a refund should include:
We will review your request and work with you to resolve any issues. Our goal is to provide translations that meet your needs, and we appreciate the opportunity to correct any problems.
Review Process
Upon receiving your refund request, we will examine the concerns regarding the translation services provided. This review process aims to understand your feedback and identify any areas where our services may not have met our high standards.
Refund Approval
If your refund request is approved, we will initiate a refund to your original method of payment. You will be notified of the approval and can expect the refund within a specified period, depending on your payment provider’s policies.
Exceptions
Please note that certain services may be exempt from refunds if the work has already been completed and delivered in accordance with the service agreement. We encourage open communication during the translation process to ensure that the final product aligns with your expectations.
For services where revisions or corrections are possible, we prefer to first attempt to resolve any issues to your satisfaction before processing a refund.
(a) Customer Application. Customer is solely responsible for its Customer Applications and all costs associated with its development. Without limiting the foregoing: Customer: (i) may need to submit Customer Applications to a Mobile System Operator for approval prior to distribution and AssuranceClick does not guarantee acceptance of the Customer Application; (ii) will bear sole responsibility for the Customer Application support; (iii) will require any end user of the Customer Application to agree to terms with Customer at least as protective of AssuranceClick and the Platform as this Agreement; (iv) will ensure that Customer Application’s end user provides all necessary consents for AssuranceClick to collect the Collected Data, and (v) will follow applicable regulations promulgated by each applicable mobile system operator. AssuranceClick reserves the right to reject or suspend use of the Platform due to a Customer Application. (b) Rights. Customer will ensure the legality and appropriateness of the Customer Applications and the Customer Content and that neither infringes the intellectual property rights, any right of right of privacy or publicity (of any third party) or are defamatory. AssuranceClick reserves the right to remove all Customer Content that breaches Customer’s obligations under this Section. (c) License to AssuranceClick. Customer Content will be and remain Customer’s property. Customer hereby grants to AssuranceClick a limited, royalty-free, license during the Subscription Term to use, copy, display, disclose, modify and distribute the Customer Content solely for the purpose of providing the Platform. (d) Sensitive Data. Customer agrees that the amount and type of Collected Data is determined by Customer through and AssuranceClick cannot control the data it collects from or through the Customer Application. Customer will not submit: (i) any personally identifiable information, except as necessary for the establishment of an account for an Authorized User; (ii) any protected health information regulated by HIPAA or any similar federal or state laws, rules or regulations or other medical or health information identifiable with a particular individual; or (iii) any other information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations) ((i) through (iii), collectively, “Sensitive Data”). Customer agrees that AssuranceClick is not acting as a Business Associate or subcontractor (as such terms are defined and used in HIPAA) and that the Platform is not HIPAA compliant. “HIPAA” means the Health Insurance Portability and Accountability Act, as amended. AssuranceClick has no liability under this Agreement for Sensitive Data. (f) Modifications. AssuranceClick reserves the right to modify the Platform at any time without liability. In the event that AssuranceClick adds additional functionality to any the Platform, AssuranceClick may condition the implementation of such modifications on Customer’s payment of additional fees, and Customer will not be entitled to such new functionality unless Customer pays such fees, provided Customer may continue to use the prior version, without additional fees. (h) Account Use. You are liable for all uses of the Platform and Documentation whether such access is permitted by or in violation of this Agreement. You are responsible for (i) keeping your passwords and access credentials associated with the Platform confidential; and (ii) all acts and omissions of Authorized Users. Any act or omission by an Authorized User that would constitute a breach of this Agreement will be deemed a breach of this Agreement. (i) Customer Data. You grant AssuranceClick a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as necessary for AssuranceClick to provide the Platform to you, and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display Customer Data incorporated within the Aggregated Statistics. You will ensure that Customer Data will not violate any policy or terms of this Agreement or any applicable law. You are solely responsible for the development, content, operation, maintenance, and use of Customer Data. (h) Third-Party Platform. The Services may permit access to a third party platform. Such third party platforms are subject to their own terms and conditions, for acceptance within the Platform. (i) Fees and Payment. Customer will pay AssuranceClick the fees stated in the SOW net 30 days of invoice, unless otherwise agreed. All payment obligations are non-cancelable and nonrefundable. All Fees will be paid in U.S. dollars and exclude applicable sales, use, and other taxes. Unless otherwise agreed, AssuranceClick reserves the right to increase the fees upon renewal of each Subscription Term. If payments under this Agreement are subject to sales and use taxes in any jurisdiction and Customer has not paid to AssuranceClick the sales tax specified in any invoice, Customer will be responsible for the payment of such taxes and any related penalties or interest to the relevant tax authority. Customer will indemnify AssuranceClick for any liability or expense AssuranceClick may incur in connection with such sales and use taxes. Upon AssuranceClick’s request, Customer will provide AssuranceClick with receipts issued by the appropriate taxing authority, or other such evidence that Customer has paid all applicable taxes.
(a) AssuranceClick Indemnification. Provided that Customer complies with the procedures set forth herein, AssuranceClick will defend at its own expense any action against Customer brought by a third party to the extent that the action is based upon a claim that the Platform infringes the intellectual property rights of such third party. AssuranceClick will pay those costs and damages finally awarded against Customer in any such action that are specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action. If the Platform becomes, or in AssuranceClick’s sole opinion is likely to become, the subject of an infringement claim, AssuranceClick may, at its option and expense, do one of the following: (i) procure for Customer the right to continue use of the Platform, (ii) modify the Platform so that it becomes non-infringing, or (iii) refund to Customer any fees prepaid by Customer under the SOW for such the Platform, prorated for the amount of time remaining in the applicable term, and terminate the applicable SOW by written notice to Customer. Notwithstanding the foregoing, AssuranceClick will have no obligation under this Section or otherwise with respect to any infringement claim based upon (1) any use of the Platform not in accordance with the terms of this Agreement; (2) any use of the Platform in combination with other the Platform, equipment, software, content, or data not provided by AssuranceClick; or (3) any modification of the Platform by any person other than AssuranceClick or its authorized agents (collectively, the “Excluded Claims”). This Section states AssuranceClick’ entire liability and Customer’s sole and exclusive remedy for infringement claims and actions.
(b) Indemnification by Customer. Provided that AssuranceClick complies with the applicable procedures set forth herein, Customer will defend at its own expense any action against AssuranceClick brought by a third party to the extent that the action is based upon any Customer Application. Customer will pay those costs and damages finally awarded against AssuranceClick in any such action that are specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action.
(c) Procedure. If one Party (the “Indemnitee”) receives any notice of a claim or other allegation with respect to which the other Party (the “Indemnitor”) has an obligation of indemnity hereunder, then the Indemnitee will, within 15 days of receipt of such notice, give the Indemnitor written notice of such claim or allegation stating the facts and circumstances surrounding the claim. The Indemnitee will not make any payment or incur any costs or expenses with respect to such claim, except as requested by the Indemnitor or as necessary to comply with this procedure. The Indemnitee will not make any admission of liability or take any other action that limits the ability of the Indemnitor to defend the claim. The Indemnitor shall immediately assume the full control of the defense or settlement of such claim or allegation, including the selection and employment of counsel, and shall pay all authorized costs and expenses of such defense. The Indemnitee will fully cooperate, at the expense of the Indemnitor, in the defense or settlement of the claim. The Indemnitee shall have the right, at its own expense, to employ separate counsel and participate in the defense or settlement of the claim. The Indemnitor shall have no liability for costs or expenses incurred by the Indemnitee, except to the extent authorized by the Indemnitor or pursuant to this procedure.
Your use of AssuranceClick’s Platform, and your utilization of AssuranceClick’s Platform are subject to export controls administered by various authorities. Customer agrees to comply with all applicable export and re-export control laws and regulations and economic sanctions, without causing AssuranceClick to violate the same. Without limiting the foregoing, Customer covenants that Customer shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of the Platform, software, or technology (including the Customer App derived from or based on such technology) received from AssuranceClick under this Agreement to or for use in or by any country, entity, or person subject to restrictions under the laws or regulations of any jurisdiction, without providing advance notification to AssuranceClick and obtaining prior authorization from the relevant government authorities as required by law and regulation.
(a) Governing Law and Jurisdiction. This Agreement, and any claim, dispute, or controversy arising out of or relating to this Agreement, will be governed by the laws of the Commonwealth of Massachusetts, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding arising from this Agreement must be brought in the state or federal courts located in Middlesex County, Massachusetts. Each Party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action.
(b) Waivers. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
(c) Interpretation, Headings, Advice of Counsel, and Drafting. Headings used in this Agreement are provided for convenience only and will not affect the meaning or interpretation of each section. Parties acknowledge they have been advised by counsel of their own choosing, played equal parts in negotiating this Agreement, and that its terms will be interpreted without any bias against one Party as drafter.
(d) Notices. All notices required will be in writing, delivered personally, by email, or by a nationally recognized overnight courier (e.g., FedEx) at the Parties’ respective addresses. All notices will be deemed effective upon personal delivery or when received if sent by email or overnight courier. Either Party may change its address by giving notice of the new address to the other Party.
(e) Force Majeure. AssuranceClick shall not be liable for delay or non-performance of its obligations hereunder if the cause of delay or non-performance is an event that is unforeseeable, beyond its control, and cannot be remedied by the exercise of reasonable diligence, including without limitation acts of God, acts of government, flood, fire, earthquakes, a pandemic, civil unrest, acts of terror, strikes, telecommunications, Internet, or hosting facility failures or delays involving hardware, software, or power systems not within AssuranceClick’s possession or reasonable control, and denial of the Platform attacks (each a “Force Majeure Event”). AssuranceClick shall be relieved from its obligations (or part thereof) as long as the Force Majeure Event lasts and hinders the performance of said obligations (or part thereof), it being understood that a Force Majeure Event shall not excuse Customer’s obligation to pay invoices due in accordance with its provisions. AssuranceClick shall promptly notify Customer and make reasonable efforts to mitigate the effects of the Force Majeure Event with reasonable dispatch.
(f) Integration. This Agreement and any SOW, and schedules constitute the final, complete, and exclusive agreement between the parties regarding the subject hereof and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral. In the event of any conflict between the terms of this Agreement and the terms of any SOW or schedules, this Agreement will govern unless the SOW or schedule refers to the provision of this Agreement over which it will prevail.
(g) Update to Agreement. The current version of this Agreement is set forth above. AssuranceClick may from time to time update or create new versions of this Agreement.
(h) Assignment. This Agreement and any rights granted to Customer hereunder are non-transferable, non-exclusive, non-assignable, limited, and personal to Customer. Neither Party may assign its interest in this Agreement without the other Party’s prior written consent, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, AssuranceClick may transfer and/or assign some or all of this Agreement by operation of law due to a merger or change of control, without prior notice to Customer or Customer’s consent. “Change of control” means consolidation or any sale of all or substantially all of AssuranceClick’s assets or any other transaction in which more than 50% of its voting securities are transferred. This Agreement will inure to the benefit of, and bind the Party’s successors and permitted assigns. Unless otherwise agreed, no assignment by either Party shall relieve the assignor from its obligations pursuant to this Agreement.
(i) Publicity. Unless otherwise agreed, AssuranceClick may refer to Customer as an AssuranceClick customer on AssuranceClick’s website and in sales presentations, and may use Customer’s name and logo for such purposes. Neither party will issue a press release announcing its relationship without the other party’s prior approval.
(j) Remedies. Except as otherwise expressly specified in this Agreement, the rights and remedies provided in this Agreement are cumulative and in addition to any other rights and remedies available to such Party at law or in equity. Customer agrees that any actual or threatened breach of any confidentiality obligations or license restrictions will constitute irreparable harm for which monetary damages would be an inadequate remedy, and that in such an event, AssuranceClick will be entitled to obtain immediate injunctive relief.
(k) Severability. The invalidity, illegality, or unenforceability of any provision does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. Any failure to act by us with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches.
(l) Update to Terms of Use. The current version of this Agreement is set forth above. AssuranceClick may from time to time update or create new versions of this Agreement which will be posted here.
If you have questions or concerns regarding this Terms and Conditions, please contact us at:
Copyright Agent AssuranceClick
Reg. No. 207312392, Address: Bul. Vasil Levski 1 – 7, Sofia, 1142, Bulgaria
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