Language Service Provider Agreement
IMPORTANT – READ CAREFULLY
THIS USER AGREEMENT (THIS “AGREEMENT”) IS A LEGAL AND BINDING CONTRACT BETWEEN YOU THE (“CUSTOMER”) AND BOOSTLINGO LLC (“BOOSTLINGO”). THE AGREEMENT GOVERNS CUSTOMER’S ACCESS TO AND USE OF THE BOOSTLINGO SOFTWARE FOR INTERNAL BUSINESS PURPOSES AND TO DELIVER SERVICES TO YOUR CUSTOMERS (EACH, A “CLIENT”) (AS FURTHER DEFINED BELOW, THE (“SOFTWARE”).
PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING AND USING OR ACCESSING THE SOFTWARE, AND BY CLICKING “I ACCEPT” BELOW, CUSTOMER INDICATES ITS ACCEPTANCE OF THE TERMS, CONDITIONS AND LIMITATIONS OF THIS AGREEMENT. IF CUSTOMER DOES NOT AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND LIMITATIONS OF THIS AGREEMENT, CUSTOMER MUST PROMPTLY (A) DELETE THE SOFTWARE FROM ANY AND ALL OF CUSTOMER’S COMPUTERS ON WHICH IT IS INSTALLED AND DESTROY ALL COPIES OF THE SOFTWARE IN CUSTOMER’S POSSESSION AND ALL ACCOMPANYING MATERIALS, INCLUDING PACKAGING AND DOCUMENTATION, AND (B) CEASE ALL OF CUSTOMER’S USE OF THE SOFTWARE.
THIS AGREEMENT APPLIES TO THAT VERSION OF THE SOFTWARE THAT CUSTOMER HAS LICENSED. THE SOFTWARE IS LICENSED, NOT SOLD. CUSTOMER MAY USE ONLY THE VERSION OF THE SOFTWARE THAT CUSTOMER HAS LICENSED AND HAS PAID FOR, AND CUSTOMER MUST USE IT STRICTLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. CUSTOMER IS RESPONSIBLE FOR ENSURING THAT ALL EMPLOYEES, CONTRACTORS, CLIENTS AND OTHER USERS (“AUTHORIZED USERS”) WITHIN ITS ORGANIZATION ABIDE BY THE TERMS OF THIS AGREEMENT.
BOOSTLINGO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THE TERMS AND CONDITIONS OF THIS AGREEMENT, AT ANY TIME, EFFECTIVE UPON MAKING THE MODIFIED PROVISIONS AVAILABLE THROUGH SOFTWARE UPDATES OR OTHERWISE THROUGH CUSTOMER’S USE OF THE SOFTWARE.
1.1 “Services” shall mean the interpretation services that Customer is providing to its Clients using the Software (including the Client Software and the Server Software).
1.2 “Client” shall mean Customer’s clients, i.e. the organizations to which Customer is providing the Services or the interpreters to whom Customer is providing access to the Software.
1.3 “Client Software” shall mean the client interface component of the Software, the mobile applications and all Software installed on Client computers.
1.4 “Order” shall mean the document or other method (including, but not limited to, online or email order form) by which Customer licenses use of the Software from BoostLingo.
1.5 “Server Software” shall mean any Software provided by BoostLingo installed on Customer’s computers.
1.6 “Software” shall mean all the software provided by BoostLingo collectively (including without limitation the Client Software, Server Software), and each separate component of the foregoing individually, any updates, upgrades or enhancements to the Software or any Software component provided to you by BoostLingo, including, without limitation, any support software provided to you by BoostLingo via the Internet, email or by any other means.
1.7 “VRI” Shall mean Video Remote Interpreting
1.8 “OPI” Shall mean Over the Phone Interpreting
1.9 “Boost Visual” shall mean the Language Interpreting Management Module. Boost Visual gives LSPs the ability to manage their interpreters’ calendars and onsite appointments
1.10 “LSP” shall mean a Language Service Provider and a customer of Boostlingo. Language Service Providers are companies that use the Boostlingo platform to manage their interpretation services business. LSP’s can also use the Boostlingo platform to deliver Onsite, Telephonic and Video interpreting services to their clients.
1.11 “Boostie Interpreter” Shall Mean Interpreters that are not paid directly by LSP. These are interpreters that are part of a labor pool that is contracted by a separate company other than LSP. Boostie Interpreters are qualified professionals held to an obligation of confidentiality. If LSP selects “Enable the Crowd” feature in BoostLingo platform, they will have the ability to use the Boostie Crowd feature when their LSP Interpreters are not available to take VRI or OPI calls. It is not the LSP’s responsibility to pay Boostie Interpreters for their services.
1.12 “LSP Interpreters” shall mean interpreters that are directly contracting with LSP. These interpreters are paid for their services directly by LSP. LSP interpreters field calls directly from LSP customers and Boost Lingo is not responsible for paying the interpreters for the services in these cases. The LSP is responsible for paying the interpreter for all “LSP interpreter“ calls.
2. LICENSE GRANT.
(A) CLIENT SOFTWARE LICENSE. Customer is purchasing the number of Client Software licenses specified in the applicable Order. The Order specifies the number of organizations for which Customer may use the Software to provide Services. Customer may install the Client Software on computers within the organizations of the number of Clients specified in the applicable Order. The Order also specifies how many users are permitted within each Client organization. Customer may only install the Client Software on the number of user computers within the each Client organization as specified in the applicable Order.
(B) LICENSE RESTRICTIONS. Notwithstanding anything to the contrary herein, the license grants of Section 2 are subject to the following restrictions:
(i) Representations. Customer shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Software , including, without limitation, modems, hardware, software, and long distance or local telephone service. Customer shall be responsible for ensuring that such equipment or ancillary services are compatible with the Software.
(ii) Derivative Works. Customer may not modify or make derivative works of the Software, the documentation thereof, or any other component that may be included in the Software or provided with the Software, nor rent, lease or otherwise distribute the Software or the documentation thereof, except as expressly permitted in Section 2 of this Agreement.
(iii) Transfer of Rights. Except as expressly set forth in Section 2, Customer shall not assign, sublicense, rent or otherwise transfer Customer’s access and use rights under this Agreement to the Software without the prior written approval of BoostLingo.
(iv) Reverse Engineering and Software Development. Customer may not reverse engineer, decompile, or disassemble the Software, directly or indirectly, in whole or in part. The Software shall only be used in accordance with the accompanying documentation and shall not be used for software development or any other purposes.
(v) Copies. Customer may not copy the Software except as expressly permitted in Section 2 of this Agreement or the applicable Order.
(vi) Ownership. All worldwide ownership of and all rights, title and interest in and to the Software, and all copies and portions thereof, including without limitation, all copyrights, patent rights, trademark rights, trade secret rights, inventions and other proprietary rights therein and thereto, are and shall remain exclusively in BoostLingo. The only rights Customer acquires under this Agreement are the rights to the platform licenses and interpreters set forth in this Agreement.
(vii) Other Restrictions. Customer may not use the Software to:
(a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail or multi-level marketing campaigns;
(c) publish, post, distribute, disseminate or link to any: (i) defamatory, infringing, or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials;
(d) harvest user names or email addresses for any purpose;
(e) restrict or inhibit any other user from using and enjoying its rights with respect to BoostLingo or its website, interfering with or disrupting the Website, the BoostLingo service servers or network connected to BoostLingo; or
(f) violate any applicable government laws or regulations.
3. THE BACKSTOP PROVIDER SERVICES. The Services constitute a technology platform (“Boostlingo Platform”) that enables clients of Boostlingo’s mobile applications or Boostlingo’s website portal provided as part of the Services (each, an “Application”) to get real time interpretation services with third party providers of such services, including independent third party interpretation providers under agreement with Boostlingo or certain of Boostlingo affiliates (” Backstop Providers”). The customer acknowledge that Boostlingo does not provide interpretation services as an interpretation service provider. Third party backstop providers reserve the right to decline interpretation services to a Boostlingo customer contacted through the Boostlingo platform. In addition, Boostlingo customers are able to route calls to their own interpreter pool “Internal Calls” and are not required to use a Backstop Provider.
4. FEES. Customer must pay the fees specified in the applicable Boostlingo Order Form. Such fees may include ongoing monthly or other periodic fees. Failure to pay such fees on time will result in shut down of Customer and its Clients’ use of the Software as specified in the Termination section of this Agreement.
Usage Fee Invoices and Payments: Payment for all usage fees are due by bank wire transfer, ACH bank transfer or Credit Card within 15 (fifteen) calendar days of the Usage Invoice. Checks are not accepted as a form of payment. All Usage fees are invoiced monthly based on the LSP usage activity for each Calendar month. If the monthly usage invoice amount is greater than $5,000 (five thousand), the LSP will be required to enroll in Boostlingo ACH autopay. With ACH autopay feature, Boostlingo will automatically withdraw funds from the LSP’s pre-approved bank account 2 business days after the invoice date. Interest at the lesser of 1.5% per month or the maximum amount permitted by law will be assessed upon all balances that are not paid by the payment due date.
LSP Payment Guarantee: LSP agrees to the payment terms in their partnership Agreement without regard to the payments and terms negotiated between LSP and LSP’ client.
Base subscription fee: LSP base subscription fees are paid separately from LSC usage fees. Base subscription fees are paid automatically by credit card on the date outlined in the partner agreement.
Service Shut Down: Boostlingo reserves the right to temporarily or permanently shut down the service if LSP has unpaid invoices that are past due.
5. USE OF THE SOFTWARE AND BOOSTLINGO WEBSITE AND SERVICES. BoostLingo has no special relationship with or fiduciary duty to Customer. Customer acknowledges that BoostLingo has no control over, and no duty to take any action regarding: what Customer accesses via BoostLingo or its website; what effects the content Customer access may have on Customer; how Customer may interpret or use the content; or what actions Customer may take as a result of having been exposed to the content. Customer is solely responsible for Customer’s activities in using the BoostLingo website, Software or other services including the activities of your employees, contractors, Clients and all parties that Customer allows to have access to the BoostLingo website and Software. Customer is solely responsible for the contents, modification, management and/or deletion of any and all files and data used by Customer in conjunction with BoostLingo. Further, Customer is responsible to ensure that such files and data are not used in conjunction with BoostLingo in violation of any copyright or any other proprietary right of any third party. BoostLingo may access Customer’s account, including its data, to respond to service or technical problems or as stated in this Agreement. Customer, not BoostLingo, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data stored in Customer’s account. Furthermore, BoostLingo shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.
6. THIRD PARTY SOFTWARE. The Software may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). Company acknowledges and agrees that its right to use such Third Party Software as part of the Software is subject and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software including without limitation any applicable acknowledgements, license terms and disclaimers contained herein. In the event of a conflict between the terms of this Agreement and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Company use of relevant Third Party Software. In no event, shall the Software or components thereof be deemed to be “open source” or “publically available” software.
7. FEEDBACK MECHANISM; SHUTDOWN MECHANISM. The Software is equipped with a feedback mechanism that allows BoostLingo to review Customer’s and its Clients’ use of the Software and communicates activity using the Software back to BoostLingo. BoostLingo reserves the right to use such data to evaluate the Software use and for any purposes which BoostLingo deems useful or appropriate. Company agrees that BoostLingo may collect and use technical data and related information, including but not limited to technical information about your system, application software and peripherals, that is gathered periodically to facilitate the provision of Software updates, product support and other services (if any) related to the Software. The Software is also equipped with a shut-down mechanism by which BoostLingo may shut down Customer’s and its Clients’ use of the Software. BoostLingo reserves the right to use this shut down mechanism if Customer or its Clients breach this Agreement, Customer or its Clients use the Software in ways not permitted by this Agreement, and/or if Customer fails to pay the applicable periodic Software fees as specified in the applicable Order form.
8. ACCESS RESTRICTION. BoostLingo reserves the right to deny to any user, in its sole discretion, access to the Software or any portion thereof without notice. Customer is responsible for safeguarding the confidentiality of password(s) and user name(s) created by Customer for use with the Software, and for any use or misuse of the BoostLingo account resulting from any third party using a password or user name created by Customer. Customer shall be solely responsible for securing access to its and its Clients’ data. BoostLingo shall in no event be liable for any unauthorized access to any data stored using the Software or Boostlingo website.
9. WARRANTY DISCLAIMER. THE SOFTWARE, THE BOOSTLINGO WEBSITE AND ALL OF THE CONTENTS THEREOF ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY, AND BOOSTLINGO HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT THE SOFTWARE, THE WEBSITE AND ALL CONTENTS THEREOF, THE ACCOMPANYING DOCUMENTATION, AND ANY ACCOMPANYING SUPPORTING MATERIALS OR OTHER MATERIALS RECEIVED FROM BOOSTLINGO AND/OR ANY AFFILIATE, AGENT, RESELLER, DEALER, DISTRIBUTOR, EMPLOYEE, CONTRACTOR OR REPRESENTATIVE OF BOOSTLINGO. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE WEBSITE AND/OR THE SOFTWARE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NO AFFILIATE, CONTRACTOR, EMPLOYEE, AGENT, RESELLER, DEALER OR DISTRIBUTOR OR REPRESENTATIVE OF BOOSTLINGO IS AUTHORIZED TO MODIFY THIS LIMITED WARRANTY OR TO MAKE ANY ADDITIONAL WARRANTIES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
10. LIABILITY DISCLAIMER. BOOSTLINGO SHALL HAVE NO LIABILITY FOR CONSEQUENTIAL DAMAGES. CUSTOMER IS SOLELY RESPONSIBLE FOR CUSTOMER’S AND ITS CLIENTS’ USE OF THE SOFTWARE OR BOOSTLINGO WEBSITE, INPUTS INTO THE SOFTWARE OR BOOSTLINGO WEBSITE, VERIFYING THE RESULTS OF THE USE OF THE SOFTWARE OR BOOSTLINGO WEBSITE AND HOW THE OUTPUT FROM THE SOFTWARE OR BOOSTLINGO WEBSITE IS USED BY CUSTOMER AND ITS CLIENTS. IN NO EVENT SHALL BOOSTLINGO BE RESPONSIBLE OR LIABLE TO CUSTOMER, ITS CLIENTS OR ANY THIRD PARTY FOR ANY LIABILITY ARISING OUT OF INSTALLATION OR USE OF THE SOFTWARE OR BOOSTLINGO WEBSITE, WHETHER BY CUSTOMER, CLIENTS, USERS WITHIN CUSTOMER OR CLIENTS’ ORGANIZATIONS, OR OTHER AUTHORIZED USERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOOSTLINGO BE LIABLE OR OBLIGATED TO CUSTOMER OR ITS CLIENTS IN ANY MANNER FOR ANY SPECIAL, NON-COMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST DATA OR PROGRAMS, PRIVACY OF DATA OR PROGRAMS, UNAUTHORIZED ACCESS TO DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF BOOSTLINGO IS AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, BOOSTLINGO SHALL NOT BE LIABLE TO CUSTOMER OR ITS CLIENTS IN EITHER THE AGGREGATE GREATER THAN $15,000 or the amount the customer has paid Boostlingo to date, whichever amount is less. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SETFORTHIN THIS AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
11. INDEMNIFICATION. Customer agrees to defend, indemnify and hold harmless BoostLingo, and its employees, officers, contractors, investors, directors, agents, licensors and affiliates from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from (a) Customer’s and/or any Client’s or any users authorized by of either of the foregoing’s (“Authorized Users and Organizations”) installation or use of the Software OR BOOSTLINGO WEBSITE, including without limitation claims relating to loss or confidentiality of data or programs (b) any violation by Authorized Users or Organizations of any warranty, representation or covenant under this Agreement, (c) Authorized Users or Organizations infringement of any third-party’s rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights), and/or the use or misuse of your BoostLingo account by you or any third party using your password(s) and/or user name(s). These obligations will survive any termination of Customer’s relationship with BoostLingo.
12. US GOVERNMENT RESTRICTED RIGHTS. If Customer is the United States Government or are acquiring the right to access and use BoostLingo on behalf of the United States Government, then the United States Government agrees that: (a) if the right to access and use BoostLingo is acquired by or supplied to the Department of Defense (“DOD”), BoostLingo shall be classified as “Commercial Computer Software” and the government is acquiring only “restricted rights” in BoostLingo and its documentation, as defined in Clause 252.227-7013(c)(1) of the DFARS; (b) for any part of the United States Government other than DOD, the government’s rights in the Software OR BOOSTLINGO WEBSITE and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, for NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.
13. TERMINATION. The license granted herein is effective until this Agreement is terminated. This Agreement shall terminate immediately, without notice, in the event Customer (i) fails to comply with any of the terms and conditions set forth in this Agreement, (ii) ceases doing business, (iii) does not make any applicable payments within 45 days of the applicable due date, or (iv) ceases using BoostLingo service and notifies BoostLingo thereof. BoostLingo reserves the right to refuse service to anyone at its sole discretion and to terminate this Agreement upon 30 days written notice. BoostLingo does not refund any part of the payment made by Customer. Upon termination Customer must immediately (i) destroy all copies of the Software OR BOOSTLINGO WEBSITE documentation in your possession, or (ii) return the Software and documentation according to the instructions of BoostLingo.
14. TRADEMARKS. BoostLingo and their respective designs, trademarks and logos are trademarks or registered trademarks of BoostLingo. All other trademarks and/or service marks are the property of their respective owners.
15. COPYRIGHT MATTERS. BoostLingo respects the intellectual property of others, and we ask Customer to do the same. We reserve the right to disable the accounts of users who we believe to be infringing the intellectual property rights of others and to remove any such infringing materials. If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please notify BoostLingo’s copyright agent by email at [email protected], by regular mail 657 Misison Street #601, San Francisco, CA 94105 and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (c) identification of the URL or other specific location on the Site where the material that you claim is infringing is located; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You hereby agree that you shall not assert any claim against BoostLingo or its officers or directors with respect to such content unless and until: (1) you have fully completed the process set forth above; and (2) BoostLingo has failed to remove the offending content within thirty (30) days after such notification without a reasonable explanation for its failure to do so. It is BoostLingo’s policy to (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied, displayed or distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue services to repeat offenders.
16. GENERAL. This Agreement embraces the full, complete understanding of the parties as to the subject matter hereof, and may not be altered or modified, except by written amendment or collateral agreement which expressly refers to this Agreement and which is duly executed by BoostLingo and your duly authorized representative. All prior representations, understandings and agreements regarding the subject matter hereof whether written or oral, expressed or implied, are superseded and shall be of no effect. In the event of conflicting provisions between this Agreement and a duly executed collateral agreement, the duly executed collateral agreement shall control. This Agreement shall be construed and governed in accordance with the laws of the state of California, without regard to conflict of law provisions. Any action related to this Agreement or the Software shall be brought exclusively in the state or federal courts located in the County of Los Angeles, State of California, United States of America.
Each party hereby agrees to submit to the jurisdiction of such courts. Customer acknowledges that a breach of this Agreement will cause irreparable and continuing damage to Boostlingo for which money damages are insufficient, and Boostlingo shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including money damages if appropriate). In the event of litigation between Customer and Boostlingo concerning the Software or any other item which is subject to this Agreement, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. Customer agrees that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export law, restrictions or regulations. No waiver by BoostLingo of any breach or default by customer of any of the covenants or agreements herein set forth shall be deemed a waiver as to any subsequent and/or similar breach or default.
The Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
BY ACCESSING AND USING THE WEBSITE AND BY INSTALLING, ACCESSING AND USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE UNCONDITIONALLY THAT CUSTOMER AND CLIENTS SHALL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER REPRESENT, WARRANT AND INDEMNIFY THAT YOU HAVE FULL AUTHORITY TO EXECUTE THIS BINDING AGREEMENT ON BEHALF OF CUSTOMER.
Boostlingo, LLC, the Boostlingo platform or “we” or “us” and the associated Boostlingo websites were formed to create the world’s first truly unified interpretation management system and interpretation communication and delivery platform. The privacy of all of our partners, end-users and stakeholders – your privacy – is something we take extremely seriously. This policy details how we treat the personal information that we collect, what settings we provide for you to control how your information is used on Boostlingo, and how you can contact us with any questions or concerns. This policy is not a contract between Boostlingo and its users but is merely a recitation of Boostlingo policies.
This policy describes the types of information we may collect from you or that you may provide when you visit the websites Boostlingo.com or any of their affiliated websites (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. It also applies to information we collect: (a) in email, text, and other electronic messages between you and this Website; (b) through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website; (c) when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy; and (d) through any other sources associated with the Website.
The policy does not apply to information collected by: (a) us offline; or (b) any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using the Website, you expressly agree to this policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
2. General Overview
Personal Data collected for the following purposes and using the following services:
Face Book Ads, LinkedIn Ads, Google Adwords, AdSense, and Bing Ads
Personal Data: Cookies and Usage Data
Clicky Analytics, Google Analytics, Google Tag Manager, Facebook Ads conversion tracking, Hotjar Form Analysis & Conversion Funnels, Google Analytics with anonymized IP, Display Advertising extension for Google Analytics, HubSpot Analytics and WordPress Stats
Personal Data: Cookies and Usage Data
Contacting the User
Personal Data: company name, country, email address, first name, last name, number of employees, phone number, state, various types of Data, website and ZIP/Postal code
Personal Data: phone number
Heat mapping and session recording
Hotjar Heat Maps & Recordings
Hosting and backend infrastructure
Amazon Web Services (AWS)
Interaction with external social networks and platforms
Twitter Tweet button and social widgets, LinkedIn button and social widgets, Google+ +1 button and social widgets and Facebook Like button and social widgets
Personal Data: Cookies and Usage Data
Remarketing and behavioral targeting
Google RLSA, Facebook Remarketing, LinkedIn Remarketing
Personal Data: Cookies and Usage Data
Facebook Custom Audience
Personal Data: Cookies and email address
3. Children Under the Age of 18
4. Information We Collect About You
We collect several types of information from and about users of our Website, including information: (a) by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other information the Website collects that is defined as personal or personally identifiable information under an applicable law or any other identifier by which you may be contacted online or offline. Depending on which services you choose to use, Boostlingo may require additional information, such as a company name, billing information (including billing address, phone number, credit card information), a mobile telephone number, a physical mailing address, and/or payment information. In addition, Boostlingo may require information such as your tax ID, bank account information and/or credit card information in order to verify your identity and provide this service to you (collectively “personal information”); (b) that is about you but individually does not identify you, such as username or alias; and/or (c) about your internet connection, the equipment you use to access our Website and usage details.
We collect this information: (a) directly from you when you provide it to us; or (b) automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
5. Information You Provide to Us
We may also collect information from you through our Website which may include: (a) information that you provide by filling in forms; (b) information provided at the time of registering to use our Website; (c) information when you enter a promotion sponsored by us; (d) information when you report a problem with our Website; (e) records and copies of your correspondence (including email addresses), if you contact us; (f) your responses to surveys that we might ask you to complete for research purposes; (g) details of transactions you carry out through our Website and of the fulfillment of your orders; (h) financial information before placing an order through our Website; (i) your search queries on the Website; and (j) visit or participation in our online community.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the community or transmitted to other users of the community or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages and you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
6. Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: (a) details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website; and (b) information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to: (a) estimate our audience size and usage patterns; (b) store information about your preferences, allowing us to customize our Website according to your individual interests; (c) speed up your searches; or (d) recognize you when you return to our Website.
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
7. How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information: (a) to present our Website and its contents to you; (b) to provide you with information, products, or services that you request from us; (c) to fulfill any other purpose for which you provide it; (d) to provide you with notices about your license; (e) to carry out our obligations and enforce any rights arising from any contracts entered into on the Website, including for billing and collection; (f) to notify you about changes to our Website or any products or services we offer or provide though it; (g) to allow you to participate in interactive features on our Website; (h) in any other way we may describe when you provide the information; (i) for any other purpose with your consent; (j) we may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you; and (k) we may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
8. Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
9. Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Messages from Boostlingo:
– On occasion, Boostlingo will send you messages. The default required form of communication is email. However, we may choose to offer additional ways to reach you, such as through text messaging (SMS) or physical mail. By using Boostlingo’s site, you hereby agree that you have provided prior express written consent to receive messages, whether email or SMS, and acknowledge that you have an established business relationship (EBR) with Boostlingo. You may opt out of these messages by contacting Customer Service.
– Some messages from Boostlingo are service-related and required for customers. Examples of service-related messages include, but are not limited to: a welcome/confirmation email when you register your account, notification of an order, or correspondence with Boostlingo’s support team. These messages are not promotional in nature. You may opt out of these messages by contacting Customer Service.
– As a customer, Boostlingo may also send you messages related to certain features on the site or your activity. Boostlingo may also send you news or updates about changes to our site or services. By default, members will receive these messages via email, but you may choose to opt-out of getting certain emails under your account settings. You may opt out of these messages by contacting Customer Service.
– Boostlingo offers optional email newsletters. You must opt-in or subscribe to begin receiving newsletters, and subscription is available to both members and non-members. Members may subscribe or unsubscribe from optional newsletters under your account settings or by following the instructions contained in the newsletter emails. Non-members may subscribe by providing an email address, which will only be used by Boostlingo for these newsletters. Non-members may unsubscribe from newsletters by following the instructions contained in the newsletter emails.
10. Accessing and Correcting Your Information
You can review and change your personal information by logging into the Website and visiting your account profile page.
You may also send us an email at [email protected] to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
12. Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and other sensitive information will be encrypted using secure socket layer (SSL) technology. Boostlingo follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once Boostlingo receives it.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
13. Data Retention
Boostlingo will retain your information for as long as your account is active or as needed to provide you services. If you no longer want Boostlingo to use your information to provide you services, you may close your account. After closing your account, Boostlingo will solely retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
15. Data Breach
If you suspect a data breach, please contact us at [email protected] or by contacting us by phone.
16. Contact Information
If you have questions or suggestions you can contact us, by sending an email to [email protected], or at Boostlingo, LLC, 85 Second Street, Suite 125, San Francisco, CA 94105.