Last Updated: August 1, 2019

LetzChat Website Translator Plugin User Agreement

GRANT OF USE AND RESTRICTIONS.

  • Thank you for selecting LetzChat Website Translator Plugin software (the “Software”). This LetzChat Website Translator Plugin User Agreement (Agreement) is a legal agreement between you ("you", “your”, “User” or "licensee"), and LetzChat, Inc. (“LetzChat”, “Developer”, “we”, “our” or “us”) that describes the terms and conditions applicable to your use of the LetzChat Website and the Software. THIS SOFTWARE AND ITS USE IS FOR SUBSCRIBERS ONLY. Access to the software is conditioned on you being a subscriber of our service(s) in good standing. By clicking ACCEPT (Translate My Website), you indicate that you are a subscriber in good standing and that you have read and understood and assent to be bound by the terms of this Agreement and any and all terms of use of LetzChat’s website (hereinafter collectively referred to as the “Agreements”). If you do not agree to the terms of the Agreements, you are not granted access to download and/or use this website and/or Software and/or any rights whatsoever in the Software.
  • Subject to the terms and conditions of the Agreements, including, but not limited to, payment of all applicable service fees and continued good standing as a subscriber to our services, LetzChat grants you a personal, limited, non-exclusive, non-transferable license and use with us to electronically access and use the LetzChat website and the Software.
  • In addition to the LetzChat Website Translator Plugin software, the term Software includes any other programs, tools, internet-based services, components and any updates (for example, Software maintenance, service information, help content, bug fixes, or maintenance releases etc.) of the Software that LetzChat provides or makes available to you.
  • You are not licensed or permitted under this Agreement to do any of the following and shall not allow any third party to do any of the following: (i) access or attempt to access any other LetzChat systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the LetzChat Website Translator Plugin site; (iii) permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, or other arrangement; iv) transfer any of the rights granted to you under this Agreement; (v) work around any technical limitations in the Software, use any tool to enable features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Software, prevent access to or the use of the Software by LetzChat’s other licensees or customers, or impose an unreasonable or disproportionately large load on LetzChat’s infrastructure; or (vii) otherwise use the Software except as expressly allowed under this Section 1.2.

RESERVATION OF RIGHTS AND OWNERSHIP.

The Software is licensed not sold, and LetzChat reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright, trade secret, patents and other intellectual property laws. LetzChat owns the title, patents, copyright, and other worldwide intellectual property rights in the Software and all copies of the Software. This Agreement does not grant you any rights to trademarks or service marks of LetzChat.

DESCRIPTION OF SERVICES.

The LetzChat Website Translator Plugin translates your website into the language of the viewer. Nothing has to be done by the viewer. The Plugin provides instant website translations in 104 languages. The Plugin can be installed on any website with only a few lines of code that takes around 2-5 minutes to install. Nothing is stored or saved by LetzChat. The only information LetzChat stores is the intended translated language and the amount of characters translated. The LetzChat servers are all located within the continental United States.

COST AND PAYMENT OF SERVICES.

The cost for services are free ($0.00 USD).

SUBSCRIPTION ON A PER USE BASIS.

The Software is licensed on a per use basis. Access to the Software is conditioned on you being a subscriber in good standing. A “subscriber in good standing” means that you have agreed to all the services provided by us and that you are fully performing in accordance with all the Agreements with LetzChat.

RIGHT TO USE NAME OF WEBSITE AND WEBSITE.

In consideration for use of the LetzChat Website Translator Plugin software as a Subscriber. Licensee agrees, consents and hereby grants to LetzChat the right to allow Your website name, photo, video from Your website or other form of media likeness to be used solely and exclusively by LetzChat.  The rights granted in this provision shall be to LetzChat, and no others, and are limited to LetzChat with the advertising and promotion of LetzChat, including but not limited to on social media, and for no other purposes or uses.  Licensee may opt out of its consent and grant of rights by providing written notice to LetzChat by email and by certified or registered mail.   LetzChat shall cease and desist use of any photo, video or other form of media of a Licensee within thirty (30) days of receipt of Licensee’s opt out written notice.

CONSENT FOR ADVERTISEMENT ON LICENSEE’S WEBSITE.

In further consideration for use of the LetzChat Website Translator Plugin software, Licensee agrees and consents for the placement on Licensee’s website an advertisement for LetzChat.  Licensee may opt out of its consent by providing written notice to LetzChat by email and by certified or registered mail.   LetzChat shall cease and desist use of any photo, video or other form of media of a Licensee within thirty (30) days of receipt of Licensee’s opt out written notice.

DISCLAIMER OF WARRANTIES.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SOFTWARE, SERVICES, AND ANY CONTENT ACCESSIBLE THROUGH THE LETZCHAT WEBSITE AND SOFTWARE ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LETZCHAT DISCLAIMS ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE, SERVICES, CONTENT, AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. LETZCHAT DOES NOT WARRANT THAT THE SOFTWARE IS SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, OR ERRORS, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. FURTHER, LETZCHAT DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT OR DATA THROUGH THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SOFTWARE, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

LIMITATION OF LIABILITY AND DAMAGES.

YOU KNOWINGLY, VOLUNTARILY AND INTENTIONALLY AGREE THAT THE ENTIRE CUMULATIVE LIABILITY OF LETZCHAT FOR ANY REASON ARISING FROM OR RELATING TO YOUR USE OF THIS SOFTWARE SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR A SINGLE MONTH OF FEES AND SERVICES, WHICH INCLUDE FOR YOUR USE OF THIS SOFTWARE, UNLESS OTHERWISE SEPARATELY AGREED BY LETZCHAT IN WRITING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LETZCHAT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, USE OF THE SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT DOES NOT MEET LETZCHAT’S SYSTEMS REQUIREMENTS OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LETZCHAT, ITS SUPPLIERS, SERVICE PROVIDERS, OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

AMENDMENT.

LetzChat shall have the right, to change or add to the terms of its Agreement at any time and to change, delete, discontinue, or impose conditions on any feature or aspect of Software and Services (including but not limited to Internet based services, pricing, technical support options, and other product-related policies) upon notice by any means LetzChat determines in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in Software or on any LetzChat web site. Any use of the Software by you after LetzChat's publication of any such changes shall constitute your acceptance of this Agreement as modified.

TERMINATION.

  • Your rights under this Agreement may be terminated or suspended by LetzChat immediately and without notice if you or any of your authorized users fail to comply with any term or condition of the Agreement and/or you fail to maintain your status as a subscriber in good standing. Upon termination you must immediately cease using the Software and our services. Any termination of this Agreement shall not affect LetzChat’s rights hereunder, including but not limited to, right to receive and collect for payments due to LetzChat.
  • Subject to the terms and conditions of any written agreement with LetzChat to the contrary, you may terminate your subscription with LetzChat, including the use of the Software, at any time by uninstalling the product.

MISCELLANEOUS.

  • The Agreements as defined herein and all information and references made to LetzChat’s website and/or the Software herein, constitute the complete, final and exclusive understanding and agreement between you and LetzChat, and supersedes all prior and contemporaneous understandings and agreements relating to the services provided to you by LetzChat. The Agreements may not be changed, modified, amended or supplemented except by a written instrument signed by LetzChat. The Agreement furthermore set forth the entire liability of LetzChat and your exclusive remedy with respect to the Software, and its use. Any waiver of the terms herein by LetzChat must be in a writing signed by an authorized officer of LetzChat and expressly referencing the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall 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. This Agreement will be governed by California law as applied to agreements entered into and to be performed entirely within the State of California, United States, regardless of where the end user is located in the world, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction, and applicable federal law or other laws. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. As used in this Agreement, the word including means including but not limited to. This Agreement does not limit any rights that LetzChat may have under trade secret, copyright, patent or other laws.
  • This License Agreement is valid without Licensor's signature. It becomes effective upon User's clicking of “ACCEPT” (Translate My Website) as set forth in paragraph 1.1, above.