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Terms of Service and Use/SLA
Last Updated:01/27/2026
Effective Date: 01/27/2026
Welcome to AVAZALanguage Services Corp (“we,” “us,” “our”). Thank you for partnering with us as we help bridge communications! These Terms of Service (“Terms”) is a legal contract between You and Us (collectively, “Everyone”) and governs your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as “Content”) that We and Our affiliates may make available to You, as well as any services (“Services”) We may provide through any of Our applications or websites (all of which are referred to in these Terms as the “Platform”). By accessing or using theServices, you agree to be bound by these Terms. If you do not agree with these Terms, you may not access or use the Services.
READ THESE TERMS CAREFULLY BEFORE BROWSING OR USING THIS PLATFORM. USING THIS PLATFORM INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.Y OU CANNOT USE THIS PLATFORM IF YOU DO NOT ACCEPT THESE TERMS. NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
1. Changes
We may alter the Content and Services We offer You and/or choose to modify, suspend or discontinue this Platform at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Before you use the Platform, please be sureto refer to the date posted on the Terms to ensure that you have read the latest version. If You object to any such modifications, Your sole recourse shall be to cease using this Platform. Continued use of this Platform following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Platform. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.2. Definitions
“AVAZA LSC member” or “member” or “user” means a user registered with the Platform.“ Customer” or “Client” means a person that uses the Platform and engages with a Interpreter/Translator for the purpose of receiving language assistance via language interpretation, the verbal or spoken conversion of one language to another, and translation, the text conversion from one language to another. “Enterprise Customer” means a company, business or entity that has signed a separate agreement or subscription agreement with Us in order to use the Platform to engage with an Interpreter/Translator for the purpose of receiving language assistance.“Healthcare Enterprise Customer” means a company, business or organization that has signed a separate agreement or subscription agreement aswell as a Business Associate Agreement (BAA) with Us in order to use the Platform to engage with an Interpreter for the purpose of receiving language assistance in a healthcare setting (see below).3. Eligibility and Use
You must be at least 18 years old or the age of majority in your jurisdiction to use the Services. By using the Services, you representand warrant that you meet this eligibility requirement and agree to comply with all applicable laws and regulations. If You are a Member, Client, Customer, Interpreter, orTranslator, We grant You and Your authorized users a limited, personal, non-exclusive,non-transferable license to access and view the Content solely for permitted use under these Terms. Your right to use the Content depends on Your full compliance with these Terms.
Except for this limited license, You have no rights to the Platform or its Content. You may not modify, copy, reproduce, create derivative works from, reverse engineer, alter, enhance, or otherwise exploit any part of the Platform or the Content in any way.
If You make copies of any Content or any portion of the Platform for permitted purposes, You must retain all copyright and other proprietary notices exactly as they appear. If You violate any of these Terms, this license will automatically terminate.
Unauthorized Activities
Your use of the Platform is authorized solely for the Permitted Purposes set forth in these Terms. Any use of the Platform outside of those Permitted Purposes is strictly prohibited and constitutes unauthorized use. All rights in and to the Platform remain Our exclusive property. Unauthorized use ofthe Platform may violate applicable United States and international copyright, trademark, privacy, computer crime, or other laws. To help You understand prohibited conduct, the following are examples of actions that are expressly not permitted unless You have obtained Our prior written permission (this list is illustrative and not exhaustive):You may not use the Platform to:· Engage in any public or commercial use, including use of the Platform on another website or through a networked environment, except for Interpreters providing Interpreter Services in accordance with the Permitted Purposes;·Modify, publicly display, publicly perform, reproduce, distribute, or create derivative works of any part of the Platform;·Use the Platform in a manner that violates any applicable local, state, federal, international, or other law, regulation, rule, treaty, or order;·Stalk,harass, abuse, threaten, harm, or otherwise violate the legal rights of any person or entity; Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with any person or entity;·Interfere with or disrupt the Platform, servers, systems, or networks connected to thePlatform;·Use any data mining, robots, scraping tools, automated methods, or similar data gathering or extraction methods in connection with the Platform;·Attempt to gain unauthorized access to any portion of the Platform or any accounts, computer systems, or networks connected to the Platform, whether through hacking, password mining, encryption breaches, or any other means; or·Engage inany act of fraud, deception, moral turpitude, or other conduct that could adversely affect the integrity, reputation, or goodwill of Us or the Platform. Whether a particular action constitutes a breach of these Terms shall be determined by Us in Our sole discretion.In the event that Your violation of these Terms causes Us to incur liability, costs, or damages, You agree to defend, indemnify, and hold Us harmless. You are solelyresponsible for all consequences of Your actions. If We choose to assume control of the defense of any matter subject to indemnification by You, You agree to cooperate fully with Us in defending such claim.
4. Use in Healthcare andLegal Settings by Customers and Enterprise Customers
If You are an individual or an Enterprise Client and intend to use this Platform in a medical or legal setting, please try and select the “Healthcare” or “Legal” setting where the option is available in the Platform when requesting services. Also select a “Medical Interpreter” or Legal interpreter” where the option is available. This will assist us in connecting you with the appropriate interpreter. We recognize the importance of timely language support in healthcare and other urgent and mission critical environments and are committed to assisting Our Clients during these situations. We will usereasonable efforts to connect You with the most certified/qualified available interpreter who meets relevant industry standards, including applicable HIPAA and compliance requirements. However,in cases where demand for a specific language pair is high and We cannot guarantee an interpreter with the required certification, domain expertise, HIPAA training, or applicable state or national licensure or certification. We may offer You the option to proceed with an interpreter who does not have all such qualifications. If You decided to utilize this Platform you agree to the following disclaimers:
· Disclaimer: Your AVAZA LSC interpreter may not be certified in Your specific local jurisdiction or certified in the language or certified in the industry, as required by applicable law in some jurisdictions. You also understand that not all languages you are requesting services for offer a Certification linguistically nor by industry by national certifying bodies. By selecting Continue, You acknowledge and accept this disclaimer, choose to receive services from Your AVAZA LSC interpreter, and agree to proceed with the call.
· Disclaimer: Your AVAZA LSC interpreter may not be fully compliant with all HIPAA requirements as required by applicable law. By selecting Continue, You acknowledge and accept this disclaimer, agree to these terms, and choose to receive services from Your AVAZA LSC interpreter under these circumstances. By selecting Continue after reviewing such a disclaimer, You agree to these terms and agree to hold Us and the interpreter harmless from any related claims. If You do not wish to proceed, You may select Cancel to return to the home screen without charge or penalty, and You may then choose to initiate another call.
Use in Healthcare Settings by Healthcare Enterprise Customers
If Youare a Healthcare Enterprise Client using this Platform in a healthcare, clinical, or medical setting, in addition to the terms above, You agree to comply with:·All terms in any Business Associate Agreement (BAA) You have entered into with Us. For more information about using this Platform in a healthcare or legal setting,please contact:
accounts@avaza.co
5. Account Registrationand Securitya. To access certain features, you may be required tocreate an account and be assigned an Access Code.
b. You agree to provide accurate, current, and complete information duringregistration.
c. You are responsible for maintaining the confidentiality of your logincredentials and for all activity under your account. 6. Notices and Consents/AcceptableUseWhereapplicable, Customer acknowledges and agrees that the Services may allow Client’spatients (or their families, parents, or other authorized representatives)(“Users”) to communicate with Customer through the Platform, including audioand video interactions. Such communications may be recorded (“Recordings”) forpurposes including quality assurance, training, compliance, and servicedelivery. AVAZA LSC will store all selected Recordings in encrypted form usingindustry-standard security measures and will retain them only for as long asnecessary to fulfill the purposes for which they were created or as required byapplicable law. After the applicable retention period expires, AVAZA LSC willsecurely delete or de-identify the Recordings in accordance with applicablelaw. Any de-identified versions of such Recordings will be considered“Derivatives” as defined below.Customer represents and warrants that ithas all required rights, has provided all necessary notices, and has obtainedall required consents (i) to allow any data or information provided by AVAZALSC or its Users, including related personal information (“User Data”), to bemade available to AVAZA LSC, including in connection with the above-describedaudio and video communications and their recording; (ii) to permit AVAZA LSC tocollect, record, store, de-identify, aggregate, create derivative works from,and otherwise process User Data as contemplated by this Agreement, including asnecessary to provide the Services and as further described under CustomerIntellectual Property in the Enterprise Agreement (the “Agreement”); and (iii)to permit AVAZA LSC to use de-identified User Data to train, improve, anddevelop its machine learning and artificial intelligence models (collectively,“Data Rights”).AVAZA LSC shall not be responsible forCustomer’s failure to obtain any required consents or provide any requirednotices.EnterpriseClients recording capabilities may not be engaged due to contract andcompliance restrictions. We collect personal data directly from individuals, fromthird parties, and automatically through the use of Our Services and maycombine the information We collect from these various sources. We do NOTcollect, process, store, record, monitor or otherwise use Protected HealthInformation (PHI) of any kind. For more information about the information wecollect and use, please review Our PrivacyPolicy (“Privacy Policy”) which explains everything. If you havea question about session recordings please email support@avaza.co.You agree not to:· Use the Services for illegal, harmful, or fraudulentpurposes.· Interfere with or disrupt the integrity or performance ofthe Services.· Attempt to gain unauthorized access to any portion of theServices.· Upload or transmit content that infringes third-partyrights or contains malware. We reserve the right to monitor use of the Services andto remove or refuse to post any content that violates these Terms. 7. Limitation of Liability; Independent Service Providers; ReleaseCustomeracknowledges and agrees that the Platform is strictly a technology service thatfacilitates connections and communications between Customers and independentlinguists, interpreters, or other language professionals (“Interpreters”), andthat the Platform itself does not provide, andexpressly disclaims any obligation to provide, language interpretation, translation,or cultural advisory services (collectively, “InterpreterServices”). All Interpreter Services arranged or performed in connection withthe Platform are provided solely by the Interpreter and not by AVAZA LSC or anyof its affiliates.Whilethe Platform may recommend certain Interpreter based on the criteria selectedby a Customer, such recommendations do not constitute endorsements, guarantees,or warranties by AVAZA LSC of any kind. Customer acknowledges that AVAZA LSC has no control over, and makes norepresentations or warranties regarding, the qualifications, performance,conduct, or decisions of any Interpreter or other user of the Platform. Customer further acknowledges and agreesthat any and all communications,agreements, obligations, warranties, representations, or understandingsrelating to Interpreter Services, whether verbal, written, electronic, orotherwise, are strictly between the Customer and the applicable Interpreter andare not made by, nor are they binding on, AVAZA LSC.Except to the extent prohibited byapplicable law, **AVAZA LSC, its affiliates, and their respective officers,directors, employees, agents, subcontractors, successors, and assigns(collectively, the “Released Parties”) shall not be liable for, and Customerhereby irrevocably and unconditionally releases the Released Parties from, anyand all claims, actions, liabilities, losses, damages, costs, or expenses ofany kind (“Claims”) arising out of or relating to: (a) the acts or omissions ofany Interpreter or other user of the Platform; (b) the provision, quality,timeliness, or outcome of any Interpreter Services; or (c) any interaction ortransaction between Customer and any Interpreter.This release and limitation of liabilityshall apply regardless of the legal theory upon which a Claim is based,including but not limited to contract, tort (including negligence), strictliability, or otherwise, and even if a Released Party has been advised of thepossibility of such Claims or damages.8. Interpreters,Translators and Linguist Eligibility and Service Provision ClauseIf You are a Linguistor Interpreter and You are applying to register as an Interpreter, You must beat least eighteen (18) years of ageand provide all information required in Our application process. All applicantswho seek to provide services via an AVAZA LSC Platform must be approved by AVAZA LSC beforeoffering Interpreter Services on the Platform. Once We have processed Yourapplication, We will present You with Our Platform Service Agreement for review. By acceptingthe Platform Service Agreement, You agree to comply with and be bound by itsterms. For additional information regarding Your provision of InterpreterServices, please email support@avaza.co. If You intend toprovide Interpreter Services to Customers or Healthcare Enterprise Customers ina healthcare, clinical, or medicalsetting, You must first satisfy Our stringent qualification requirements beforeoffering such services on the Platform. For more information about thequalifications necessary to become a healthcare Interpreter, please visit Ourwebsite or create an Interpreter profile with AVAZA LSC.In addition toaccepting the Platform Service Agreement, You must also agree to and complywith the terms of Our BusinessAssociate Agreement (BAA) and Our HIPAA Guidelines. 9. Platform use andLicenseTo use the Platform, Youmust have a compatible mobile or computer device. We do not warrant thatthe Platform will be compatible with Your specific device.Subject to Yourcompliance with these Terms, We grant You a non-exclusive, non-transferable,revocable license to use an object-code copy of the Platform on oneregistered account on one device owned or leased solely by You for Yourpersonal use. This license is not a sale, and We and Our third-partylicensors or suppliers retain all right, title, and interest in and to thePlatform and all copies thereof. You agree that You willnot, and will not permit any third party to: Modify, disassemble, decompile, reverse engineer, or otherwise attempt to derive the source code of the Platform, except to the extent expressly permitted by applicable law; Rent, lease, loan, resell, sublicense, distribute, transfer, or otherwise make the Platform available to any third party, or use the Platform to provide time-sharing or similar services for any third party; Copy the Platform in any form; Remove, disable, circumvent, damage, or otherwise interfere with any security features of the Platform, including features that prevent or restrict use, copying, or access to content; or Remove, alter, or obscure any copyright, trademark, or other proprietary notice appearing on the Platform.You acknowledge that Wemay release updates or upgrades to the Platform from time to time, includingautomatic electronic updates. By using the Platform, You consent to suchupdates and agree that these Terms will apply to all updates and upgrades.Standard carrier datacharges and fees may apply to Your use of the Platform. Additional Terms for iOS AppIf You use a version ofthe Platform designed for Apple iOS-powered devices (“iOS App”):a. These Terms aresolely between You and Us and not with Apple, Inc. (“Apple”);
b. Your use of the iOS App must comply with Apple’s then-current App StoreTerms of Service;
c. We, and not Apple, are solely responsible for the iOS App and the Servicesand Content made available therein;
d. Apple has no obligation to provide maintenance or support for the iOSApp;
e. To the maximum extent permitted by law, Apple disclaims all warranties withrespect to the iOS App;
f. You agree that We, and not Apple, are responsible for addressing claimsarising from Your use of the iOS App, including but not limited to:
• Product liability claims;
• Claims that the iOS App fails to conform to any legal or regulatoryrequirement; and
• Claims under consumer protection or similar laws;
g. You agree that We are responsible for defense, settlement, and discharge ofany third-party intellectual property infringement claims related to the iOSApp;
h. You represent and warrant that:
i. You are not located in a country subject to a U.S. Government embargo ordesignated as a “terrorist supporting” country; and
ii. You are not listed on any U.S. Government list of prohibited or restrictedparties;
i. You agree to comply with all applicable third-party terms when using the iOSApp (e.g., Your wireless data service terms); and
j. Apple and Apple’s subsidiaries are third-party beneficiaries of theseTerms as they relate to Your license of the iOS App, and Apple may enforcethese Terms against You as such a beneficiary.
Additional Terms for Android AppIf You use a version ofthe Platform designed for Android-powered devices (“Android App”):a. These Terms aresolely between You and Us and not with Google, Inc. (“Google”);
b. Your use of the Android App must comply with Google’s then-currentAndroid Market Terms of Service;
c. Google is only the provider of the Android Marketplace where You obtainedthe Android App;
d. We, and not Google, are solely responsible for the Android App and theServices and Content made available therein;
e. Google has no obligation or liability to You with respect to theAndroid App or these Terms; and
f. You acknowledge and agree that Google is a third-party beneficiary tothese Terms as they relate to Your license of the Android App. 10. Use of the Platformand Platform ServicesWe welcome You to explore and browse our Platforms freelywithout registering an account. You may visit and review publicly availablecontent at no cost and without providing any personal information.However, to connectwith an Interpreter for language assistance or cultural advice,You must first register an accountwith Us. Account Registration and InformationTo register an account on this Platform, You must providethe following information through the registration page:· A working email address;· Your first and last name;· Your native language; and· Your chosen username and password.We may, from time to time, requestadditional optional information to provide You with a more personalizedexperience (such as Your city, gender, photo, etc.). Providing this optionalinformation is Your choice; however, in some cases, not providing it may limitOur ability to match You with a suitable Interpreter for a session. Once Yousubmit the required registration information, We will review Your applicationand determine, in Our sole discretion, whether to approve Your account. If Youraccount is approved, We will send You an email with instructions on how tocomplete Your registration. As long as You maintain an active account, Youagree to keep the registration information true, accurate, current, and complete by updating itdirectly through Your account settings or by contacting Us at accounts@avaza.co. If You forgetYour password, We will send a password reset link to the email address Youprovided during registration.User ResponsibilitiesYou are responsible for complying withthese Terms whenever You access or use this Platform, whether directly orthrough an account You set up on this Platform.Because this is Your account,You are responsible for: · Obtaining and maintaining all equipment, internetconnectivity, and services needed to access and use the Platform;· All related charges associated with accessing andusing the Platform; and· Maintaining the confidentiality and security of Your password(s),including any password of a third-party service You may use to access thePlatform.If You believe that Your password oraccount security has been compromised in any way, You must immediately notify Us at support@avaza.co.11. Payments, Fees, and BillingYou agree to pay allapplicable fees for Your use of the Platform and Our Services as describedfully on Our website and within the Platform. If Your payment is late or ifYour chosen payment method (for example, a credit card, debit card, or PayPalaccount) cannot be successfully processed, We may suspend or terminate Your account and/or Youraccess to the Services and the Platform.By providing apayment method, You expressly authorize Us to charge that payment method forall applicable fees, applicable taxes, and other charges incurred in connectionwith Your account and Your use of the Services, at the regular intervals and inthe amounts described in Our pricing information, Order Forms, or Statements ofWork.If You choose tocancel Your account, please be aware that refunds may not be provided. You remain responsiblefor paying any outstanding balance on Your account. To simplify administration,You agree that We may:· Charge anyunpaid fees to the payment method You have provided; and/or· Send You aninvoice or bill for any unpaid fees. 12. Third-Party LinksWe may provide links onthe Platform to third-party websites, applications, or services (“Third-PartySites”). If You choose to access any Third-Party Site from the Platform, Youwill be leaving the Platform.These links are providedfor convenience only. We do not: Review, control, or monitor any Third-Party Site or the content, products, or services available on or through such sites; Endorse, sponsor, or make any representations regarding the accuracy, suitability, quality, legality, reliability, or safety of any Third-Party Site or any content, products, or services offered on or through a Third-Party Site; or Assume any responsibility for any interaction between You and any Third-Party Site or its operators.Your access to and useof any Third-Party Site, including any transactions You may conduct there, is entirelyat Your own risk and subject to the terms, conditions, and privacy policiesapplicable to that Third-Party Site. We encourage You to review the terms andprivacy policies of all Third-Party Sites before using them.Some areas of thePlatform may allow You to interact with Third-Party Sites, including linkingYour Platform account to a Third-Party Site account or enabling Your activityon the Platform to be shared with contacts or services on a Third-Party Site.If You choose to use these features, You are responsible forconfiguring and complying with any applicable settings, permissions, and termsimposed by the Third-Party Site. 13. Intellectual PropertyRightsAVAZALSC and all associatedtrademarks, service marks, logos, trade names and brand elements are theexclusive property of AVAZA Language Services Corp. or its affiliates. Othertrademarks, names, and logos that appear on the Platform are the property oftheir respective owners. Unless otherwise expressly stated in these Terms, allContent on the Platform — including but not limited to text, graphics, user interfaces,visual interfaces, photographs, trademarks, logos, sounds, music, artwork,computer code, and the arrangement, organization, and layout of such Content —is Our sole and exclusive propertyand is protected by copyright, trademark, patent, trade secret, and otherintellectual property laws. Copyright © 2023 AVAZA Language Services Corp. Allrights not expressly granted in these Terms are hereby reserved. Except asotherwise permitted by applicable law, no partof this Platform or its Content may be copied, reproduced, distributed,republished, uploaded, posted, transmitted, or otherwise exploited in any waywithout Our prior written consent or the consent of the copyright owner orlicensee. Any unauthorized use of the Platform or its Content is strictlyprohibited and may violate applicable laws.Ownership ofPlatform Content and Marks.
AVAZA LSC and allassociated trademarks, service marks, logos, trade names, and branding elementsare the exclusive property of AVAZALanguage Services Corp. or its affiliates. All othertrademarks, trade names, and logos appearing on the Platform are the propertyof their respective owners.Unless otherwiseexpressly stated in these Terms, all Content on the Platform — including butnot limited to text, graphics, user interfaces, visual designs, photographs,trademarks, logos, sounds, music, artwork, computer code, and the arrangement,organization, and layout of such Content — is owned exclusively by AVAZA LanguageServices Corp. and is protected by U.S. and international intellectual propertylaws. Copyright © 2023 AVAZA Language Services Corp. All rights not expresslygranted in these Terms are reserved.Except as may beexpressly permitted in these Terms or required by applicable law, no part of the Platform or its Content may becopied, reproduced, distributed, republished, uploaded, posted, transmitted, orotherwise exploited in any manner without the prior writtenconsent of AVAZA LanguageServices Corp. or the owner of the applicable rights. Any unauthorized use ofthe Platform or Content may violate copyright, trademark, and other applicablelaws. Intellectual Property Infringement PolicyWe respect the intellectual property rights of others andexpect You to do the same. Accordingly, We have established proceduresconsistent with the Digital Millennium Copyright Act (“DMCA”), Title 17 of theUnited States Code, Section 512, for responding to claims of copyrightinfringement.If You believe that Your copyright or other intellectualproperty rights have been infringed by a user of this Platform, You may submita written notification to Our designated agent for notice of claims ofinfringement: Legal Agent for Notice of Claims of Infringement
Attn: Legal Counsel
Email: accounts@avaza.coTo be effective, Yourwritten notice must include:1. Yourphysical or electronic signature;2. Identificationof the copyrighted work or other intellectual property alleged to have beeninfringed;3. Identificationof the material alleged to be infringing, with sufficient detail to allow Us tolocate it on the Platform;4. Sufficientcontact information by which We can reach You (including postal address,telephone number, and email address);5. A statementthat You have a good-faith belief that the use of the material is notauthorized by the copyright or intellectual property owner, its agent, or thelaw;6. A statementthat the information in the notice is accurate; and7. A statement,under penalty of perjury, that You are authorized to act on behalf of thecopyright or intellectual property owner.If the notice doesnot pertain to an allegation of copyright or intellectual propertyinfringement, Our Agent may be unable to address the claim. Counter-NotificationProcedureIf We remove ordisable access to material as a result of a validly received DMCA takedownnotice, You may submit a counter-notification to Our Agent that includes thefollowing:1. Yourphysical or electronic signature;2. Identificationof the material that was removed or disabled and the location where it appearedbefore removal;3. A statement,under penalty of perjury, that You have a good-faith belief the material wasremoved or disabled by mistake or misidentification; and4. Your name,physical address, telephone number, and a statement consenting to thejurisdiction of the federal district court in which Your address is located(or, if outside the U.S., any federal district court in which We may be found),and that You will accept service of process from the person who provided theoriginal notice or an agent of such person. Terminationof Repeat InfringersWe reserve the right,in Our sole discretion, to terminate the account or access of any user of thisPlatform who is the subject of repeated DMCA or other infringementnotifications.
14. User ContentIf you submit content to the Services (e.g., feedback,comments), you grant us a worldwide, perpetual, irrevocable, royalty-freelicense to use, modify, reproduce, distribute, and display that content. Certain areas of the Platform (such as customerratings, reviews, forums, feedback forms, or similar features) may allow You tosubmit feedback, data, text, software, messages, recordings, live audio orvideo, or other materials or content (“User Submission”). You are solelyresponsible for all User Submissions You submit. You agree that any UserSubmission is non-confidentialand non-proprietary,and We have no obligation to treat User Submissions as confidential. We do notguarantee that You will be able to edit or delete any User Submission once itis submitted. To request changes or removal of a User Submission, contact accounts@avaza.co.By submitting a UserSubmission, You represent and warrant that:1. You own allrights in Your User Submission, or You have obtained all rights necessary togrant the rights and licenses granted herein;2. You havepaid and will pay in full all license, clearance, or other fees arising fromany use or commercial exploitation of Your User Submission;3. Your UserSubmission does not infringe any third-party intellectual property rights,privacy rights, or other legal or moral rights;4. Youvoluntarily waive all moral rights in Your User Submission to the extentpermitted by law;5. Any factualinformation in Your User Submission is true, accurate, and not misleading;6. Your UserSubmission complies with all applicable laws (including but not limited toexport control, consumer protection, anti-discrimination, and false advertisinglaws);7. Your UserSubmission is not defamatory, libelous, hateful, threatening, offensive,unlawful, pornographic, obscene, or otherwise inappropriate;8. You have notreceived and will not receive any compensation or consideration from any thirdparty for Your User Submission;9. Your UserSubmission does not include any third-party content (such as text, media,contact information, or URLs) unless You have all rights to include thatcontent;10. Your User Submission does not contain viruses,malware, spyware, or other harmful code;11. Your User Submission does not contain informationthat You consider confidential, proprietary, or personal; and12.Your UserSubmission does not consist of or contain unauthorized advertising, junk mail,spam, chain letters, pyramid schemes, or other solicitation. By submitting a UserSubmission, You hereby grant to Us, Our affiliates, successors, assignees,licensees, and sublicensees an irrevocable, perpetual, worldwide, fullypaid-up, royalty-free, transferable, and sublicensable license to:a. Use, reproduce, distribute, modify, adapt,publish, translate, publicly perform, and publicly display Your User Submission(in whole or in part) in any media or format now known or developed in thefuture;
b. Use Your User Submission for any purpose, including commercial, promotional,advertising, and marketing purposes, in Our sole discretion;
c. Incorporate Your User Submission (or derivatives thereof) into products,services, technologies, or other offerings;
d. Display advertisements, promotions, or other content in connection with YourUser Submission; and
e. Monitor, review, or analyze Your User Submission for quality assurance,training, compliance, service improvement, or other purposes.We may, but are notobligated to, pre-screen, monitor, or review User Submissions before theyappear on the Platform. We have no obligation to host, display, distribute, orotherwise make available any UserSubmission, and We may refuse or remove any User Submission for any reason, atany time, without notice.We are notresponsible for any loss, theft, or damage of any kind related to UserSubmissions. Furthermore, You agree that We may disclose Your User Submissionto any third party without any obligation of confidentiality. 15. DisclaimersTHE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, ORSECURE.THE PLATFORMAND INTERPRETER SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” and YOURUSE OF THE PLATFORM IS AT YOUR SOLE RISK. To the fullest extentpermitted by applicable law, We expressly disclaim all warranties of any kind,whether express, implied, or statutory, with respect to the Platform and theInterpreter Services.This disclaimerincludes, but is not limited to, all implied warranties of:· Merchantability — that the Platform or services are fit forordinary use;· Fitnessfor a particular purpose —that the Platform or services are suitable for Your specific needs;· Non-infringement — that use of the Platform or services will notinfringe third-party intellectual property rights; and· Titleand quiet enjoyment.We do not guaranteethat Your use of the Platform will be uninterrupted, timely, secure,error-free, or free of defects. We do not warrant that any defects will becorrected, nor do We guarantee the accuracy, completeness, reliability, orusefulness of any information obtained through the Platform.No advice,information, or representation, whether oral or written, provided by Us orthrough the Platform, including from Our subsidiaries, affiliates, agents, orrepresentatives, shall create any warranty not expressly stated in these Terms.By using thePlatform, You acknowledge and agree that there are no warranties other thanthose expressly set forth in these Terms. 16. Limitations ofLiabilityIN NO EVENT SHALL AVAZALanguage Services Corp OR ITS AFFILIATES BE LIABLE FOR ANYINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUTOF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OURAGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICESSHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PRIOR TWELVE (12) MONTHS, OR$[AMOUNT], WHICHEVER IS LESS. TO THEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, neither We nor Our affiliates, partners,licensors, or service providers shall be liable to You or any third party forany damages arising out of or related to:· Your accessto, use of, or inability to use the Platform or the Interpreter Services;· Yourdisplay, copying, downloading, distribution, or reliance on any Contentobtained from the Platform; or· Any acts oromissions of any user of the Platform.This includes,without limitation, any indirect,incidental, special, consequential, exemplary, or punitive damages,such as:· Loss ofprofits, revenue, data, opportunities, use, goodwill, or business interruption;· Lossresulting from errors, omissions, interruptions, defects, delays in operationor transmission, or any failure of performance;· Any damagesarising from third-party content or conduct;· Any damagesarising from offensive, defamatory, or unlawful statements of any user;· Any losscaused by viruses, malware, or other harmful code obtained via the Platform;and· Any othersimilar damages, whether in contract, tort (including negligence), strictliability, or otherwise, even if We knew or should have known of thepossibility of such damages.In jurisdictions thatdo not allow the exclusion or limitation of liability for consequential orincidental damages, Our liability shall be limited to the fullest extentpermitted by law. AGGREGATELIABILITY LIMIT.
Except where prohibited by applicable law or unless We have entered into aseparate written agreement that expressly supersedes these Terms, the total and cumulative liability ofUs and Our affiliates arising out of or relating to these Terms or Your use ofthe Platform shall not exceed thelesser of (a) five times the highest amount paid by You for Ourmost recent consumer-facing service package, if available, or (b) US $1,000. BASIS OF THEBARGAIN.
You acknowledge and agree that the limitations and exclusions of liability setforth in this section form an essential basis of the bargain between You andUs, and that We would not provide access to the Platform or the InterpreterServices without such limitations.SOMEJURISDICTIONS DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY.
If applicable law does not allow all or part of the foregoing exclusions orlimitations, then some or all of the above exclusions or limitations may notapply to You. In such cases, Our liability will be limited to the greatestextent permitted by applicable law.
17. Local Laws; ExportControlThe Platform is operated from the UnitedStates of America. We make no representation that the Platform or any of itsContent is appropriate or available for use in locations outside of the UnitedStates. If You choose to access, download, oruse the Platform from outside the United States, You do so on Your own initiative and at Your own risk.You are solely responsible for ensuring that Your access to and use of thePlatform and any Interpreter Services comply with all applicable local laws,regulations, and export control laws in the jurisdiction from which You accessthe Platform.18. Feedback Informationand DataWe may suspend or terminate your access to the Servicesat any time, with or without cause, including if you violateAny feedback, ideas,suggestions, comments, or other submissions You provide to Us in any manner (“Feedback”), whether throughemail, phone, online form, or otherwise, will be treated as non-confidential and non-proprietary.To the fullest extentpermitted by applicable law, You hereby assignto Us all right, title, and interest in and to any intellectual property andproprietary rights embodied in the Feedback, including withoutlimitation ideas, know-how, concepts, techniques, and other information,whether or not patentable, and whether created by You alone or jointly withothers. We are free to use, exploit, reproduce, modify, disclose, distribute,license, and commercialize the Feedback for any purpose, including developing,manufacturing, licensing, marketing, and selling products and services, in anymedium or format now known or later developed, without any obligation to Youand without any compensation, attribution, or accounting to You.Where applicable lawprohibits assignment of any of the rights described above, You hereby grant Usan exclusive, worldwide,transferable, fully paid-up, royalty-free license, with theright to sublicense through multiple tiers, to use, exploit, reproduce, modify,disclose, distribute, and otherwise exercise all rights in the Feedback for anypurpose in Our sole discretion.You acknowledge andagree that We are not obligated touse, display, reproduce, or distribute any Feedback You submit,and You have no right to compel any such use, display, reproduction, ordistribution. 19. Dispute Resolution andArbitration; Class Action WaiverPlease read this section carefully. It affects yourlegal rights, including your right to a jury trial and right to participate inclass actions.1. Scope of This ProvisionThis Sectiongoverns any dispute, claim, or controversy (“Dispute”) between You and Usarising out of or relating to these Terms, the Platform, the Services, or therelationship between You and Us, whether based in contract, statute,regulation, ordinance, tort (including negligence, fraud, ormisrepresentation), or any other legal theory. The term “Dispute” includesclaims against Our partners, vendors, affiliates, licensors, or suppliers tothe extent such claims are asserted jointly with claims against Us.By acceptingthese Terms, You and We agree that allDisputes shall be resolved by binding arbitration except asprovided below. This means You and We waivethe right to a trial by judge or jury and to participate in aclass action or representative proceeding. 2. Pre-Arbitration Claim ResolutionBeforeinitiating arbitration or filing a lawsuit, You must first give Us anopportunity to resolve the Dispute informally. To do this, send Us a notice byemail to accounts@avaza.cothat includes:1. Your name;2. Your address;3. A writtendescription of Your claim; and4. The specificrelief You are seeking.If We do notresolve the Dispute within 45 daysafter receiving your notice, You may proceed with arbitration under thisSection.3. Exclusions and Right to Opt OutNotwithstanding the above:· Either You or We may choose to pursue a Dispute in courtrather than arbitration if the Dispute qualifies for small claims jurisdiction;and· You may opt out of arbitration by sending Uswritten notice of Your decision to opt out within 30 days from the date You firstaccepted these Terms.To opt out, email Us at accounts@avaza.cowith:· Your name;· Your address; and· A clear statement that You do not wish to resolvedisputes with Us through arbitration.An opt-outrequest received after the 30-day deadline will not be effective, and You mustpursue the Dispute in arbitration.4. Arbitration ProceduresIf arbitration applies, either You or We mayinitiate arbitration with either:· The AmericanArbitration Association (AAA) under its Consumer Arbitration Rules,or· JAMS under its Comprehensive Arbitration Rules &Procedures.There will be one neutral arbitrator, and thearbitration will be conducted on an individualbasis — there will be noclass, consolidated, or representative arbitrations (except asagreed in writing).The FederalArbitration Act (FAA) governs the interpretation, enforcement, and scope ofthis arbitration agreement, including the arbitrability of issues.The arbitratormay award the same damages or relief that a court could award, and a writtenarbitration award may be entered as a judgment in any court of competentjurisdiction.5. Location of Arbitration and CostsArbitration may be initiated in either:· Washington, D.C., or· The federal judicial district that includes Your billingaddress.You will be responsiblefor your arbitration fees and costs as permitted by the applicable arbitrationrules and law. If You are the prevailing party, the arbitrator may awardreasonable attorneys’ fees and costs.6. Class Action WaiverAll disputesmust be resolved on an individual basis. The arbitrator may not consolidatemore than one person’s claims, and may not preside over any class,consolidated, or representativeactions, unless both You and We specifically agree in writing after a Disputearises.If You validly opt out of arbitration, thisclass action waiver does not apply to You.7. Jury and Court Trial WaiverYou and We eachwaive any right to a jury trial, bench trial, or trial before any court on anyDispute covered by this Section.8. SeverabilityIf any portionof this arbitration provision (other than the Class Action Waiver) is found tobe unenforceable, that portion may be severed, and the remainder of thisprovision will be enforced. If the Class Action Waiver is found unenforceable,then the entire arbitration provision will be unenforceable, and the Disputewill be decided in court.9. SurvivalThis Sectionshall survive the termination of Your account or Your cessation of use of thePlatform. 20. LanguageThe parties expresslyagree that these Terms and all related documents and notices shall be in the English language. To the fullestextent permitted by applicable law, the Englishlanguage version of these Termsis controlling and binding, and any translations are provided solely forconvenience. If You would like copies of these Terms or any relateddocumentation in another language, please contact accounts@avaza.co.These Terms, together with any additional terms that mayapply when You use specific features of the Services, constitute the entire agreement between You andUs regarding the Services and supersedeall prior or contemporaneous agreements, negotiations, or understandings,whether written or oral. General ProvisionsWe believe that direct communication resolves mostissues. If We determine that You are not complying with these Terms, We willnotify You and, where appropriate, provide recommended corrective actions,because We value maintaining a constructive relationship.Notwithstanding the foregoing, certain violations ofthese Terms — as determined in Our sole discretion — may result in immediate suspension or termination of Youraccess to the Platform and Services without prior notice.These Terms shall be governed by and interpreted in accordancewith the Federal Arbitration Act,the laws of the State of Tennessee, and applicable federal laws of the UnitedStates of America, withoutregard to conflict of law principles. Foreign laws shall notapply. GoverningLaw and VenueThese Terms and anydisputes arising out of or relating to these Terms, the Platform, or theServices shall be governed by andconstrued in accordance with the laws of the State of Tennessee, United States,without regard to its conflict of law principles. Except fordisputes subject to arbitrationas described above, any legal action or proceeding arising out of or related tothese Terms or Your use of the Platform shall be brought exclusively in the state or federal courtslocated in Tennessee, the County of Davidson and You hereby consent to the personal and exclusivejurisdiction of those courts.Failure by Us to enforce any right or provision of these Terms shall not constitutea waiver of such right or provision or any other rights or provisions of theseTerms.You may not assign or transfer Your rights or obligationsunder these Terms, including Your membership or access to Services, without Ourprior written consent. However, You agree that We may assign or transfer theseTerms, in whole or in part, to Our affiliates or to any successor in connectionwith a merger, acquisition, corporate reorganization, or sale of all orsubstantially all of Our assets without Your consent.There are no third-party beneficiaries tothese Terms.The followingprovisions shall survivetermination of these Terms: proprietary rights, disclaimers ofwarranties, representations, indemnities, limitations of liability, and othergeneral provisions.
21. California ConsumerNoticeUnder California Civil Code Section 1789.3,California residents are entitled to the following consumer rights notice:If You have a question or complaint regarding thisPlatform or the Services, California residents may contact the Complaint Assistance Unit of theDivision of Consumer Services of the CaliforniaDepartment of Consumer Affairs:· Mail: 1625 North Market Blvd.,Sacramento, CA 95834· Phone: (916) 445-1254 or (800) 952-5210· Hearing Impaired (TDD): (800) 326-2297or (916) 322-1700 AVAZA LSC Contact InformationThis Platform and the Services are provided by AVAZA Language Services Corp.,headquartered in Nashville,Tennessee, United States If You have a non-legalquestion or complaint regarding the Platform or Services,please contact:· Customer Service: accounts@avaza.co· Technical Support: support@avaza.coFor legalquestions or complaints, please contact:· Legal/Accounts: accounts@avaza.co 22. TerminationWe may suspend or terminate your access to the Servicesat any time, with or without cause, including if you violate these Terms. Upontermination, all rights granted to you under these Terms will immediatelycease. 23. Governing LawThese Terms are governed by the laws of the State of Tennessee, without regard toconflict of law principles. You agree that all disputes arising under theseTerms shall be resolved exclusively in the state or federal courts located in Davidson County, TN. 24. Changes to TermsWe may modify these Terms from time to time. We will postthe updated Terms at https://avaza-website-08698eac533-9854abf5aa634.webflow.io/ with an updated“Last Updated” date. Your continued use of the Services after changes indicatesyour acceptance of the updated Terms. 25. Contact InformationIf you have questions about these Terms, please contact:
AVAZA Language Services Corp
Email: support@avaza.co AVAZA LSC SERVICE LEVELAGREEMENT (SLA)1. Service LevelsAVAZA LSC will use commercially reasonable efforts to:· Provide support for the AVAZA LSC Platforms; and· Maintain the availability and operational performance ofthe AVAZA LSC Platform.These efforts will be consistent with AVAZA LSC’spolicies and procedures. Customers acknowledge that AVAZA LSC’s ability toaddress network or access issues depends in part on third-party communicationsproviders and the Customer’s own systems and personnel. Customers areresponsible for ensuring they have adequate internet connectivity, hardware,and facilities to access and use the Services. 2. Services CoveredAVAZA LSC provides scheduled and on-demand video andaudio interpreting and language services, as well as translation,transcription, and related services (collectively, the “Services”). TheServices are available through the AVAZA LSC Platforms and may be further describedin an applicable Order Form , Service Agreement or Statement of Work (“SOW”).Use of the Services is subject to these Terms of Service and Use and, forEnterprise or Healthcare Enterprise Customers, the applicable EnterpriseAgreement and Business Associate Agreement (if any). 3. Billing and Payment3.1 Fees
Fees for Services are as set forth in the applicable Order Form or SOW. Feesmay include subscription charges and usage-based charges (such as per-minuteinterpreting fees).3.2 Invoicingand Payment Terms
Unless otherwise specified, fees are invoiced monthly in arrears and are duewithin thirty (30) daysof the invoice date. Past due amounts accrue interest at 1.5% per month or the maximumrate permitted by law, whichever is less. All fees are exclusive of taxes;Customers are responsible for all taxes other than AVAZA LSC’s income taxes.3.3 DisputedInvoices
If a Customer disputes all or part of an invoice, the Customer must pay theundisputed portion and notify AVAZA LSC of the dispute within thirty (30) daysof the invoice date. Amounts determined to be owed after resolution will accrueinterest from the original due date.3.4 UsageReporting
AVAZA LSC will provide access to monthly usage and fee reporting. 4. Network, Equipment, and FacilitiesCustomers are responsible for providing and maintainingthe necessary internet connectivity, hardware, and facilities to access theAVAZA LSC Platform and receive Services. AVAZA LSC is not responsible forinterruptions in service or reduced service quality caused by the Customer’snetwork, equipment, or facilities. 5. Reservations and Cancellations5.1 Interpreter Scheduling
Customers may request interpreters 24 hours per day, 7 days per week for both Pre-Scheduled Calls and On-Demand Calls.5.2 Pre-Scheduled Calls
Customers may reserve an interpreter for a specified future date and time(“Pre-Scheduled Call”) by contacting AVAZA LSC through the Platform. AVAZA LSCwill use best efforts to provide an interpreter at the requested time and date;however, for reservations made within24 hours of the requested start time (or within three business days for ASL),AVAZA LSC cannot guarantee interpreter availability.5.3 Charges and Usage Fees· Customers will be charged a per-minute usage fee forPre-Scheduled Calls, with a minimumcharge equal to the reserved time.· If a Pre-Scheduled Call is reserved for 60 minutes butonly lasts 15 minutes, the Customer will be charged for 60 minutes.· If a Pre-Scheduled Call lasts 75 minutes, the Customerwill be charged for 75 minutes; time beyond the reserved duration is consideredOverage Time, andfees charged for this time are OverageFees.5.4 Overage Time Note
If a session enters Overage Time, AVAZA LSC does not guarantee the originalinterpreter will continue on the call. Customers should reserve sufficient timebased on anticipated usage.5.5 No-Shows and Cancellation Charges· If a Pre-Scheduled Call is canceled or modified outsidethe applicable cancellation or modification window (24 hours prior for alllanguages except ASL; three business days for ASL), the Customer will becharged the full reserved time as a CancellationFee.· Interpreters will wait 15 minutes after the scheduledstart time; if the Customer has not joined the call within that period, thecall will be canceled and the Customer charged a Cancellation Fee.5.6 Contact Information for Calls
For all Pre-Scheduled Calls, Customers must provide a direct telephone numberand email address of the individual receiving the interpreting services.Failure to provide accurate contact information may result in service failureand applicable fees.5.7 Third-Party Platforms
For Pre-Scheduled Calls held outside of the AVAZA LSC Platform (e.g., Doxy,Google Meet), Customers must provide the call link at the time of booking. Ifno link is provided in advance, the request will be canceled and requirerescheduling.6. Other ServicesDocument translation and transcription services may beprovided on a project basis as described in an Order Form, SOW, or as otherwiseagreed in writing. For certain services, AVAZA LSC may engage third-partyproviders.7. ContactIf You have any questions about these Terms or otherwiseneed to contact Us for any reason, You may reach Us at: support@avaza.co
Back to HomepageEffective Date: 01/27/2026
Welcome to AVAZALanguage Services Corp (“we,” “us,” “our”). Thank you for partnering with us as we help bridge communications! These Terms of Service (“Terms”) is a legal contract between You and Us (collectively, “Everyone”) and governs your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as “Content”) that We and Our affiliates may make available to You, as well as any services (“Services”) We may provide through any of Our applications or websites (all of which are referred to in these Terms as the “Platform”). By accessing or using theServices, you agree to be bound by these Terms. If you do not agree with these Terms, you may not access or use the Services.
READ THESE TERMS CAREFULLY BEFORE BROWSING OR USING THIS PLATFORM. USING THIS PLATFORM INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.Y OU CANNOT USE THIS PLATFORM IF YOU DO NOT ACCEPT THESE TERMS. NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
1. Changes
We may alter the Content and Services We offer You and/or choose to modify, suspend or discontinue this Platform at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Before you use the Platform, please be sureto refer to the date posted on the Terms to ensure that you have read the latest version. If You object to any such modifications, Your sole recourse shall be to cease using this Platform. Continued use of this Platform following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Platform. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.2. Definitions
“AVAZA LSC member” or “member” or “user” means a user registered with the Platform.“ Customer” or “Client” means a person that uses the Platform and engages with a Interpreter/Translator for the purpose of receiving language assistance via language interpretation, the verbal or spoken conversion of one language to another, and translation, the text conversion from one language to another. “Enterprise Customer” means a company, business or entity that has signed a separate agreement or subscription agreement with Us in order to use the Platform to engage with an Interpreter/Translator for the purpose of receiving language assistance.“Healthcare Enterprise Customer” means a company, business or organization that has signed a separate agreement or subscription agreement aswell as a Business Associate Agreement (BAA) with Us in order to use the Platform to engage with an Interpreter for the purpose of receiving language assistance in a healthcare setting (see below).3. Eligibility and Use
You must be at least 18 years old or the age of majority in your jurisdiction to use the Services. By using the Services, you representand warrant that you meet this eligibility requirement and agree to comply with all applicable laws and regulations. If You are a Member, Client, Customer, Interpreter, orTranslator, We grant You and Your authorized users a limited, personal, non-exclusive,non-transferable license to access and view the Content solely for permitted use under these Terms. Your right to use the Content depends on Your full compliance with these Terms.
Except for this limited license, You have no rights to the Platform or its Content. You may not modify, copy, reproduce, create derivative works from, reverse engineer, alter, enhance, or otherwise exploit any part of the Platform or the Content in any way.
If You make copies of any Content or any portion of the Platform for permitted purposes, You must retain all copyright and other proprietary notices exactly as they appear. If You violate any of these Terms, this license will automatically terminate.
Unauthorized Activities
Your use of the Platform is authorized solely for the Permitted Purposes set forth in these Terms. Any use of the Platform outside of those Permitted Purposes is strictly prohibited and constitutes unauthorized use. All rights in and to the Platform remain Our exclusive property. Unauthorized use ofthe Platform may violate applicable United States and international copyright, trademark, privacy, computer crime, or other laws. To help You understand prohibited conduct, the following are examples of actions that are expressly not permitted unless You have obtained Our prior written permission (this list is illustrative and not exhaustive):You may not use the Platform to:· Engage in any public or commercial use, including use of the Platform on another website or through a networked environment, except for Interpreters providing Interpreter Services in accordance with the Permitted Purposes;·Modify, publicly display, publicly perform, reproduce, distribute, or create derivative works of any part of the Platform;·Use the Platform in a manner that violates any applicable local, state, federal, international, or other law, regulation, rule, treaty, or order;·Stalk,harass, abuse, threaten, harm, or otherwise violate the legal rights of any person or entity; Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with any person or entity;·Interfere with or disrupt the Platform, servers, systems, or networks connected to thePlatform;·Use any data mining, robots, scraping tools, automated methods, or similar data gathering or extraction methods in connection with the Platform;·Attempt to gain unauthorized access to any portion of the Platform or any accounts, computer systems, or networks connected to the Platform, whether through hacking, password mining, encryption breaches, or any other means; or·Engage inany act of fraud, deception, moral turpitude, or other conduct that could adversely affect the integrity, reputation, or goodwill of Us or the Platform. Whether a particular action constitutes a breach of these Terms shall be determined by Us in Our sole discretion.In the event that Your violation of these Terms causes Us to incur liability, costs, or damages, You agree to defend, indemnify, and hold Us harmless. You are solelyresponsible for all consequences of Your actions. If We choose to assume control of the defense of any matter subject to indemnification by You, You agree to cooperate fully with Us in defending such claim.
4. Use in Healthcare andLegal Settings by Customers and Enterprise Customers
If You are an individual or an Enterprise Client and intend to use this Platform in a medical or legal setting, please try and select the “Healthcare” or “Legal” setting where the option is available in the Platform when requesting services. Also select a “Medical Interpreter” or Legal interpreter” where the option is available. This will assist us in connecting you with the appropriate interpreter. We recognize the importance of timely language support in healthcare and other urgent and mission critical environments and are committed to assisting Our Clients during these situations. We will usereasonable efforts to connect You with the most certified/qualified available interpreter who meets relevant industry standards, including applicable HIPAA and compliance requirements. However,in cases where demand for a specific language pair is high and We cannot guarantee an interpreter with the required certification, domain expertise, HIPAA training, or applicable state or national licensure or certification. We may offer You the option to proceed with an interpreter who does not have all such qualifications. If You decided to utilize this Platform you agree to the following disclaimers:
· Disclaimer: Your AVAZA LSC interpreter may not be certified in Your specific local jurisdiction or certified in the language or certified in the industry, as required by applicable law in some jurisdictions. You also understand that not all languages you are requesting services for offer a Certification linguistically nor by industry by national certifying bodies. By selecting Continue, You acknowledge and accept this disclaimer, choose to receive services from Your AVAZA LSC interpreter, and agree to proceed with the call.
· Disclaimer: Your AVAZA LSC interpreter may not be fully compliant with all HIPAA requirements as required by applicable law. By selecting Continue, You acknowledge and accept this disclaimer, agree to these terms, and choose to receive services from Your AVAZA LSC interpreter under these circumstances. By selecting Continue after reviewing such a disclaimer, You agree to these terms and agree to hold Us and the interpreter harmless from any related claims. If You do not wish to proceed, You may select Cancel to return to the home screen without charge or penalty, and You may then choose to initiate another call.
Use in Healthcare Settings by Healthcare Enterprise Customers
If Youare a Healthcare Enterprise Client using this Platform in a healthcare, clinical, or medical setting, in addition to the terms above, You agree to comply with:·All terms in any Business Associate Agreement (BAA) You have entered into with Us. For more information about using this Platform in a healthcare or legal setting,please contact:
accounts@avaza.co
5. Account Registrationand Securitya. To access certain features, you may be required tocreate an account and be assigned an Access Code.
b. You agree to provide accurate, current, and complete information duringregistration.
c. You are responsible for maintaining the confidentiality of your logincredentials and for all activity under your account. 6. Notices and Consents/AcceptableUseWhereapplicable, Customer acknowledges and agrees that the Services may allow Client’spatients (or their families, parents, or other authorized representatives)(“Users”) to communicate with Customer through the Platform, including audioand video interactions. Such communications may be recorded (“Recordings”) forpurposes including quality assurance, training, compliance, and servicedelivery. AVAZA LSC will store all selected Recordings in encrypted form usingindustry-standard security measures and will retain them only for as long asnecessary to fulfill the purposes for which they were created or as required byapplicable law. After the applicable retention period expires, AVAZA LSC willsecurely delete or de-identify the Recordings in accordance with applicablelaw. Any de-identified versions of such Recordings will be considered“Derivatives” as defined below.Customer represents and warrants that ithas all required rights, has provided all necessary notices, and has obtainedall required consents (i) to allow any data or information provided by AVAZALSC or its Users, including related personal information (“User Data”), to bemade available to AVAZA LSC, including in connection with the above-describedaudio and video communications and their recording; (ii) to permit AVAZA LSC tocollect, record, store, de-identify, aggregate, create derivative works from,and otherwise process User Data as contemplated by this Agreement, including asnecessary to provide the Services and as further described under CustomerIntellectual Property in the Enterprise Agreement (the “Agreement”); and (iii)to permit AVAZA LSC to use de-identified User Data to train, improve, anddevelop its machine learning and artificial intelligence models (collectively,“Data Rights”).AVAZA LSC shall not be responsible forCustomer’s failure to obtain any required consents or provide any requirednotices.EnterpriseClients recording capabilities may not be engaged due to contract andcompliance restrictions. We collect personal data directly from individuals, fromthird parties, and automatically through the use of Our Services and maycombine the information We collect from these various sources. We do NOTcollect, process, store, record, monitor or otherwise use Protected HealthInformation (PHI) of any kind. For more information about the information wecollect and use, please review Our PrivacyPolicy (“Privacy Policy”) which explains everything. If you havea question about session recordings please email support@avaza.co.You agree not to:· Use the Services for illegal, harmful, or fraudulentpurposes.· Interfere with or disrupt the integrity or performance ofthe Services.· Attempt to gain unauthorized access to any portion of theServices.· Upload or transmit content that infringes third-partyrights or contains malware. We reserve the right to monitor use of the Services andto remove or refuse to post any content that violates these Terms. 7. Limitation of Liability; Independent Service Providers; ReleaseCustomeracknowledges and agrees that the Platform is strictly a technology service thatfacilitates connections and communications between Customers and independentlinguists, interpreters, or other language professionals (“Interpreters”), andthat the Platform itself does not provide, andexpressly disclaims any obligation to provide, language interpretation, translation,or cultural advisory services (collectively, “InterpreterServices”). All Interpreter Services arranged or performed in connection withthe Platform are provided solely by the Interpreter and not by AVAZA LSC or anyof its affiliates.Whilethe Platform may recommend certain Interpreter based on the criteria selectedby a Customer, such recommendations do not constitute endorsements, guarantees,or warranties by AVAZA LSC of any kind. Customer acknowledges that AVAZA LSC has no control over, and makes norepresentations or warranties regarding, the qualifications, performance,conduct, or decisions of any Interpreter or other user of the Platform. Customer further acknowledges and agreesthat any and all communications,agreements, obligations, warranties, representations, or understandingsrelating to Interpreter Services, whether verbal, written, electronic, orotherwise, are strictly between the Customer and the applicable Interpreter andare not made by, nor are they binding on, AVAZA LSC.Except to the extent prohibited byapplicable law, **AVAZA LSC, its affiliates, and their respective officers,directors, employees, agents, subcontractors, successors, and assigns(collectively, the “Released Parties”) shall not be liable for, and Customerhereby irrevocably and unconditionally releases the Released Parties from, anyand all claims, actions, liabilities, losses, damages, costs, or expenses ofany kind (“Claims”) arising out of or relating to: (a) the acts or omissions ofany Interpreter or other user of the Platform; (b) the provision, quality,timeliness, or outcome of any Interpreter Services; or (c) any interaction ortransaction between Customer and any Interpreter.This release and limitation of liabilityshall apply regardless of the legal theory upon which a Claim is based,including but not limited to contract, tort (including negligence), strictliability, or otherwise, and even if a Released Party has been advised of thepossibility of such Claims or damages.8. Interpreters,Translators and Linguist Eligibility and Service Provision ClauseIf You are a Linguistor Interpreter and You are applying to register as an Interpreter, You must beat least eighteen (18) years of ageand provide all information required in Our application process. All applicantswho seek to provide services via an AVAZA LSC Platform must be approved by AVAZA LSC beforeoffering Interpreter Services on the Platform. Once We have processed Yourapplication, We will present You with Our Platform Service Agreement for review. By acceptingthe Platform Service Agreement, You agree to comply with and be bound by itsterms. For additional information regarding Your provision of InterpreterServices, please email support@avaza.co. If You intend toprovide Interpreter Services to Customers or Healthcare Enterprise Customers ina healthcare, clinical, or medicalsetting, You must first satisfy Our stringent qualification requirements beforeoffering such services on the Platform. For more information about thequalifications necessary to become a healthcare Interpreter, please visit Ourwebsite or create an Interpreter profile with AVAZA LSC.In addition toaccepting the Platform Service Agreement, You must also agree to and complywith the terms of Our BusinessAssociate Agreement (BAA) and Our HIPAA Guidelines. 9. Platform use andLicenseTo use the Platform, Youmust have a compatible mobile or computer device. We do not warrant thatthe Platform will be compatible with Your specific device.Subject to Yourcompliance with these Terms, We grant You a non-exclusive, non-transferable,revocable license to use an object-code copy of the Platform on oneregistered account on one device owned or leased solely by You for Yourpersonal use. This license is not a sale, and We and Our third-partylicensors or suppliers retain all right, title, and interest in and to thePlatform and all copies thereof. You agree that You willnot, and will not permit any third party to: Modify, disassemble, decompile, reverse engineer, or otherwise attempt to derive the source code of the Platform, except to the extent expressly permitted by applicable law; Rent, lease, loan, resell, sublicense, distribute, transfer, or otherwise make the Platform available to any third party, or use the Platform to provide time-sharing or similar services for any third party; Copy the Platform in any form; Remove, disable, circumvent, damage, or otherwise interfere with any security features of the Platform, including features that prevent or restrict use, copying, or access to content; or Remove, alter, or obscure any copyright, trademark, or other proprietary notice appearing on the Platform.You acknowledge that Wemay release updates or upgrades to the Platform from time to time, includingautomatic electronic updates. By using the Platform, You consent to suchupdates and agree that these Terms will apply to all updates and upgrades.Standard carrier datacharges and fees may apply to Your use of the Platform. Additional Terms for iOS AppIf You use a version ofthe Platform designed for Apple iOS-powered devices (“iOS App”):a. These Terms aresolely between You and Us and not with Apple, Inc. (“Apple”);
b. Your use of the iOS App must comply with Apple’s then-current App StoreTerms of Service;
c. We, and not Apple, are solely responsible for the iOS App and the Servicesand Content made available therein;
d. Apple has no obligation to provide maintenance or support for the iOSApp;
e. To the maximum extent permitted by law, Apple disclaims all warranties withrespect to the iOS App;
f. You agree that We, and not Apple, are responsible for addressing claimsarising from Your use of the iOS App, including but not limited to:
• Product liability claims;
• Claims that the iOS App fails to conform to any legal or regulatoryrequirement; and
• Claims under consumer protection or similar laws;
g. You agree that We are responsible for defense, settlement, and discharge ofany third-party intellectual property infringement claims related to the iOSApp;
h. You represent and warrant that:
i. You are not located in a country subject to a U.S. Government embargo ordesignated as a “terrorist supporting” country; and
ii. You are not listed on any U.S. Government list of prohibited or restrictedparties;
i. You agree to comply with all applicable third-party terms when using the iOSApp (e.g., Your wireless data service terms); and
j. Apple and Apple’s subsidiaries are third-party beneficiaries of theseTerms as they relate to Your license of the iOS App, and Apple may enforcethese Terms against You as such a beneficiary.
Additional Terms for Android AppIf You use a version ofthe Platform designed for Android-powered devices (“Android App”):a. These Terms aresolely between You and Us and not with Google, Inc. (“Google”);
b. Your use of the Android App must comply with Google’s then-currentAndroid Market Terms of Service;
c. Google is only the provider of the Android Marketplace where You obtainedthe Android App;
d. We, and not Google, are solely responsible for the Android App and theServices and Content made available therein;
e. Google has no obligation or liability to You with respect to theAndroid App or these Terms; and
f. You acknowledge and agree that Google is a third-party beneficiary tothese Terms as they relate to Your license of the Android App. 10. Use of the Platformand Platform ServicesWe welcome You to explore and browse our Platforms freelywithout registering an account. You may visit and review publicly availablecontent at no cost and without providing any personal information.However, to connectwith an Interpreter for language assistance or cultural advice,You must first register an accountwith Us. Account Registration and InformationTo register an account on this Platform, You must providethe following information through the registration page:· A working email address;· Your first and last name;· Your native language; and· Your chosen username and password.We may, from time to time, requestadditional optional information to provide You with a more personalizedexperience (such as Your city, gender, photo, etc.). Providing this optionalinformation is Your choice; however, in some cases, not providing it may limitOur ability to match You with a suitable Interpreter for a session. Once Yousubmit the required registration information, We will review Your applicationand determine, in Our sole discretion, whether to approve Your account. If Youraccount is approved, We will send You an email with instructions on how tocomplete Your registration. As long as You maintain an active account, Youagree to keep the registration information true, accurate, current, and complete by updating itdirectly through Your account settings or by contacting Us at accounts@avaza.co. If You forgetYour password, We will send a password reset link to the email address Youprovided during registration.User ResponsibilitiesYou are responsible for complying withthese Terms whenever You access or use this Platform, whether directly orthrough an account You set up on this Platform.Because this is Your account,You are responsible for: · Obtaining and maintaining all equipment, internetconnectivity, and services needed to access and use the Platform;· All related charges associated with accessing andusing the Platform; and· Maintaining the confidentiality and security of Your password(s),including any password of a third-party service You may use to access thePlatform.If You believe that Your password oraccount security has been compromised in any way, You must immediately notify Us at support@avaza.co.11. Payments, Fees, and BillingYou agree to pay allapplicable fees for Your use of the Platform and Our Services as describedfully on Our website and within the Platform. If Your payment is late or ifYour chosen payment method (for example, a credit card, debit card, or PayPalaccount) cannot be successfully processed, We may suspend or terminate Your account and/or Youraccess to the Services and the Platform.By providing apayment method, You expressly authorize Us to charge that payment method forall applicable fees, applicable taxes, and other charges incurred in connectionwith Your account and Your use of the Services, at the regular intervals and inthe amounts described in Our pricing information, Order Forms, or Statements ofWork.If You choose tocancel Your account, please be aware that refunds may not be provided. You remain responsiblefor paying any outstanding balance on Your account. To simplify administration,You agree that We may:· Charge anyunpaid fees to the payment method You have provided; and/or· Send You aninvoice or bill for any unpaid fees. 12. Third-Party LinksWe may provide links onthe Platform to third-party websites, applications, or services (“Third-PartySites”). If You choose to access any Third-Party Site from the Platform, Youwill be leaving the Platform.These links are providedfor convenience only. We do not: Review, control, or monitor any Third-Party Site or the content, products, or services available on or through such sites; Endorse, sponsor, or make any representations regarding the accuracy, suitability, quality, legality, reliability, or safety of any Third-Party Site or any content, products, or services offered on or through a Third-Party Site; or Assume any responsibility for any interaction between You and any Third-Party Site or its operators.Your access to and useof any Third-Party Site, including any transactions You may conduct there, is entirelyat Your own risk and subject to the terms, conditions, and privacy policiesapplicable to that Third-Party Site. We encourage You to review the terms andprivacy policies of all Third-Party Sites before using them.Some areas of thePlatform may allow You to interact with Third-Party Sites, including linkingYour Platform account to a Third-Party Site account or enabling Your activityon the Platform to be shared with contacts or services on a Third-Party Site.If You choose to use these features, You are responsible forconfiguring and complying with any applicable settings, permissions, and termsimposed by the Third-Party Site. 13. Intellectual PropertyRightsAVAZALSC and all associatedtrademarks, service marks, logos, trade names and brand elements are theexclusive property of AVAZA Language Services Corp. or its affiliates. Othertrademarks, names, and logos that appear on the Platform are the property oftheir respective owners. Unless otherwise expressly stated in these Terms, allContent on the Platform — including but not limited to text, graphics, user interfaces,visual interfaces, photographs, trademarks, logos, sounds, music, artwork,computer code, and the arrangement, organization, and layout of such Content —is Our sole and exclusive propertyand is protected by copyright, trademark, patent, trade secret, and otherintellectual property laws. Copyright © 2023 AVAZA Language Services Corp. Allrights not expressly granted in these Terms are hereby reserved. Except asotherwise permitted by applicable law, no partof this Platform or its Content may be copied, reproduced, distributed,republished, uploaded, posted, transmitted, or otherwise exploited in any waywithout Our prior written consent or the consent of the copyright owner orlicensee. Any unauthorized use of the Platform or its Content is strictlyprohibited and may violate applicable laws.Ownership ofPlatform Content and Marks.
AVAZA LSC and allassociated trademarks, service marks, logos, trade names, and branding elementsare the exclusive property of AVAZALanguage Services Corp. or its affiliates. All othertrademarks, trade names, and logos appearing on the Platform are the propertyof their respective owners.Unless otherwiseexpressly stated in these Terms, all Content on the Platform — including butnot limited to text, graphics, user interfaces, visual designs, photographs,trademarks, logos, sounds, music, artwork, computer code, and the arrangement,organization, and layout of such Content — is owned exclusively by AVAZA LanguageServices Corp. and is protected by U.S. and international intellectual propertylaws. Copyright © 2023 AVAZA Language Services Corp. All rights not expresslygranted in these Terms are reserved.Except as may beexpressly permitted in these Terms or required by applicable law, no part of the Platform or its Content may becopied, reproduced, distributed, republished, uploaded, posted, transmitted, orotherwise exploited in any manner without the prior writtenconsent of AVAZA LanguageServices Corp. or the owner of the applicable rights. Any unauthorized use ofthe Platform or Content may violate copyright, trademark, and other applicablelaws. Intellectual Property Infringement PolicyWe respect the intellectual property rights of others andexpect You to do the same. Accordingly, We have established proceduresconsistent with the Digital Millennium Copyright Act (“DMCA”), Title 17 of theUnited States Code, Section 512, for responding to claims of copyrightinfringement.If You believe that Your copyright or other intellectualproperty rights have been infringed by a user of this Platform, You may submita written notification to Our designated agent for notice of claims ofinfringement: Legal Agent for Notice of Claims of Infringement
Attn: Legal Counsel
Email: accounts@avaza.coTo be effective, Yourwritten notice must include:1. Yourphysical or electronic signature;2. Identificationof the copyrighted work or other intellectual property alleged to have beeninfringed;3. Identificationof the material alleged to be infringing, with sufficient detail to allow Us tolocate it on the Platform;4. Sufficientcontact information by which We can reach You (including postal address,telephone number, and email address);5. A statementthat You have a good-faith belief that the use of the material is notauthorized by the copyright or intellectual property owner, its agent, or thelaw;6. A statementthat the information in the notice is accurate; and7. A statement,under penalty of perjury, that You are authorized to act on behalf of thecopyright or intellectual property owner.If the notice doesnot pertain to an allegation of copyright or intellectual propertyinfringement, Our Agent may be unable to address the claim. Counter-NotificationProcedureIf We remove ordisable access to material as a result of a validly received DMCA takedownnotice, You may submit a counter-notification to Our Agent that includes thefollowing:1. Yourphysical or electronic signature;2. Identificationof the material that was removed or disabled and the location where it appearedbefore removal;3. A statement,under penalty of perjury, that You have a good-faith belief the material wasremoved or disabled by mistake or misidentification; and4. Your name,physical address, telephone number, and a statement consenting to thejurisdiction of the federal district court in which Your address is located(or, if outside the U.S., any federal district court in which We may be found),and that You will accept service of process from the person who provided theoriginal notice or an agent of such person. Terminationof Repeat InfringersWe reserve the right,in Our sole discretion, to terminate the account or access of any user of thisPlatform who is the subject of repeated DMCA or other infringementnotifications.
14. User ContentIf you submit content to the Services (e.g., feedback,comments), you grant us a worldwide, perpetual, irrevocable, royalty-freelicense to use, modify, reproduce, distribute, and display that content. Certain areas of the Platform (such as customerratings, reviews, forums, feedback forms, or similar features) may allow You tosubmit feedback, data, text, software, messages, recordings, live audio orvideo, or other materials or content (“User Submission”). You are solelyresponsible for all User Submissions You submit. You agree that any UserSubmission is non-confidentialand non-proprietary,and We have no obligation to treat User Submissions as confidential. We do notguarantee that You will be able to edit or delete any User Submission once itis submitted. To request changes or removal of a User Submission, contact accounts@avaza.co.By submitting a UserSubmission, You represent and warrant that:1. You own allrights in Your User Submission, or You have obtained all rights necessary togrant the rights and licenses granted herein;2. You havepaid and will pay in full all license, clearance, or other fees arising fromany use or commercial exploitation of Your User Submission;3. Your UserSubmission does not infringe any third-party intellectual property rights,privacy rights, or other legal or moral rights;4. Youvoluntarily waive all moral rights in Your User Submission to the extentpermitted by law;5. Any factualinformation in Your User Submission is true, accurate, and not misleading;6. Your UserSubmission complies with all applicable laws (including but not limited toexport control, consumer protection, anti-discrimination, and false advertisinglaws);7. Your UserSubmission is not defamatory, libelous, hateful, threatening, offensive,unlawful, pornographic, obscene, or otherwise inappropriate;8. You have notreceived and will not receive any compensation or consideration from any thirdparty for Your User Submission;9. Your UserSubmission does not include any third-party content (such as text, media,contact information, or URLs) unless You have all rights to include thatcontent;10. Your User Submission does not contain viruses,malware, spyware, or other harmful code;11. Your User Submission does not contain informationthat You consider confidential, proprietary, or personal; and12.Your UserSubmission does not consist of or contain unauthorized advertising, junk mail,spam, chain letters, pyramid schemes, or other solicitation. By submitting a UserSubmission, You hereby grant to Us, Our affiliates, successors, assignees,licensees, and sublicensees an irrevocable, perpetual, worldwide, fullypaid-up, royalty-free, transferable, and sublicensable license to:a. Use, reproduce, distribute, modify, adapt,publish, translate, publicly perform, and publicly display Your User Submission(in whole or in part) in any media or format now known or developed in thefuture;
b. Use Your User Submission for any purpose, including commercial, promotional,advertising, and marketing purposes, in Our sole discretion;
c. Incorporate Your User Submission (or derivatives thereof) into products,services, technologies, or other offerings;
d. Display advertisements, promotions, or other content in connection with YourUser Submission; and
e. Monitor, review, or analyze Your User Submission for quality assurance,training, compliance, service improvement, or other purposes.We may, but are notobligated to, pre-screen, monitor, or review User Submissions before theyappear on the Platform. We have no obligation to host, display, distribute, orotherwise make available any UserSubmission, and We may refuse or remove any User Submission for any reason, atany time, without notice.We are notresponsible for any loss, theft, or damage of any kind related to UserSubmissions. Furthermore, You agree that We may disclose Your User Submissionto any third party without any obligation of confidentiality. 15. DisclaimersTHE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, ORSECURE.THE PLATFORMAND INTERPRETER SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” and YOURUSE OF THE PLATFORM IS AT YOUR SOLE RISK. To the fullest extentpermitted by applicable law, We expressly disclaim all warranties of any kind,whether express, implied, or statutory, with respect to the Platform and theInterpreter Services.This disclaimerincludes, but is not limited to, all implied warranties of:· Merchantability — that the Platform or services are fit forordinary use;· Fitnessfor a particular purpose —that the Platform or services are suitable for Your specific needs;· Non-infringement — that use of the Platform or services will notinfringe third-party intellectual property rights; and· Titleand quiet enjoyment.We do not guaranteethat Your use of the Platform will be uninterrupted, timely, secure,error-free, or free of defects. We do not warrant that any defects will becorrected, nor do We guarantee the accuracy, completeness, reliability, orusefulness of any information obtained through the Platform.No advice,information, or representation, whether oral or written, provided by Us orthrough the Platform, including from Our subsidiaries, affiliates, agents, orrepresentatives, shall create any warranty not expressly stated in these Terms.By using thePlatform, You acknowledge and agree that there are no warranties other thanthose expressly set forth in these Terms. 16. Limitations ofLiabilityIN NO EVENT SHALL AVAZALanguage Services Corp OR ITS AFFILIATES BE LIABLE FOR ANYINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUTOF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OURAGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICESSHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PRIOR TWELVE (12) MONTHS, OR$[AMOUNT], WHICHEVER IS LESS. TO THEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, neither We nor Our affiliates, partners,licensors, or service providers shall be liable to You or any third party forany damages arising out of or related to:· Your accessto, use of, or inability to use the Platform or the Interpreter Services;· Yourdisplay, copying, downloading, distribution, or reliance on any Contentobtained from the Platform; or· Any acts oromissions of any user of the Platform.This includes,without limitation, any indirect,incidental, special, consequential, exemplary, or punitive damages,such as:· Loss ofprofits, revenue, data, opportunities, use, goodwill, or business interruption;· Lossresulting from errors, omissions, interruptions, defects, delays in operationor transmission, or any failure of performance;· Any damagesarising from third-party content or conduct;· Any damagesarising from offensive, defamatory, or unlawful statements of any user;· Any losscaused by viruses, malware, or other harmful code obtained via the Platform;and· Any othersimilar damages, whether in contract, tort (including negligence), strictliability, or otherwise, even if We knew or should have known of thepossibility of such damages.In jurisdictions thatdo not allow the exclusion or limitation of liability for consequential orincidental damages, Our liability shall be limited to the fullest extentpermitted by law. AGGREGATELIABILITY LIMIT.
Except where prohibited by applicable law or unless We have entered into aseparate written agreement that expressly supersedes these Terms, the total and cumulative liability ofUs and Our affiliates arising out of or relating to these Terms or Your use ofthe Platform shall not exceed thelesser of (a) five times the highest amount paid by You for Ourmost recent consumer-facing service package, if available, or (b) US $1,000. BASIS OF THEBARGAIN.
You acknowledge and agree that the limitations and exclusions of liability setforth in this section form an essential basis of the bargain between You andUs, and that We would not provide access to the Platform or the InterpreterServices without such limitations.SOMEJURISDICTIONS DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY.
If applicable law does not allow all or part of the foregoing exclusions orlimitations, then some or all of the above exclusions or limitations may notapply to You. In such cases, Our liability will be limited to the greatestextent permitted by applicable law.
17. Local Laws; ExportControlThe Platform is operated from the UnitedStates of America. We make no representation that the Platform or any of itsContent is appropriate or available for use in locations outside of the UnitedStates. If You choose to access, download, oruse the Platform from outside the United States, You do so on Your own initiative and at Your own risk.You are solely responsible for ensuring that Your access to and use of thePlatform and any Interpreter Services comply with all applicable local laws,regulations, and export control laws in the jurisdiction from which You accessthe Platform.18. Feedback Informationand DataWe may suspend or terminate your access to the Servicesat any time, with or without cause, including if you violateAny feedback, ideas,suggestions, comments, or other submissions You provide to Us in any manner (“Feedback”), whether throughemail, phone, online form, or otherwise, will be treated as non-confidential and non-proprietary.To the fullest extentpermitted by applicable law, You hereby assignto Us all right, title, and interest in and to any intellectual property andproprietary rights embodied in the Feedback, including withoutlimitation ideas, know-how, concepts, techniques, and other information,whether or not patentable, and whether created by You alone or jointly withothers. We are free to use, exploit, reproduce, modify, disclose, distribute,license, and commercialize the Feedback for any purpose, including developing,manufacturing, licensing, marketing, and selling products and services, in anymedium or format now known or later developed, without any obligation to Youand without any compensation, attribution, or accounting to You.Where applicable lawprohibits assignment of any of the rights described above, You hereby grant Usan exclusive, worldwide,transferable, fully paid-up, royalty-free license, with theright to sublicense through multiple tiers, to use, exploit, reproduce, modify,disclose, distribute, and otherwise exercise all rights in the Feedback for anypurpose in Our sole discretion.You acknowledge andagree that We are not obligated touse, display, reproduce, or distribute any Feedback You submit,and You have no right to compel any such use, display, reproduction, ordistribution. 19. Dispute Resolution andArbitration; Class Action WaiverPlease read this section carefully. It affects yourlegal rights, including your right to a jury trial and right to participate inclass actions.1. Scope of This ProvisionThis Sectiongoverns any dispute, claim, or controversy (“Dispute”) between You and Usarising out of or relating to these Terms, the Platform, the Services, or therelationship between You and Us, whether based in contract, statute,regulation, ordinance, tort (including negligence, fraud, ormisrepresentation), or any other legal theory. The term “Dispute” includesclaims against Our partners, vendors, affiliates, licensors, or suppliers tothe extent such claims are asserted jointly with claims against Us.By acceptingthese Terms, You and We agree that allDisputes shall be resolved by binding arbitration except asprovided below. This means You and We waivethe right to a trial by judge or jury and to participate in aclass action or representative proceeding. 2. Pre-Arbitration Claim ResolutionBeforeinitiating arbitration or filing a lawsuit, You must first give Us anopportunity to resolve the Dispute informally. To do this, send Us a notice byemail to accounts@avaza.cothat includes:1. Your name;2. Your address;3. A writtendescription of Your claim; and4. The specificrelief You are seeking.If We do notresolve the Dispute within 45 daysafter receiving your notice, You may proceed with arbitration under thisSection.3. Exclusions and Right to Opt OutNotwithstanding the above:· Either You or We may choose to pursue a Dispute in courtrather than arbitration if the Dispute qualifies for small claims jurisdiction;and· You may opt out of arbitration by sending Uswritten notice of Your decision to opt out within 30 days from the date You firstaccepted these Terms.To opt out, email Us at accounts@avaza.cowith:· Your name;· Your address; and· A clear statement that You do not wish to resolvedisputes with Us through arbitration.An opt-outrequest received after the 30-day deadline will not be effective, and You mustpursue the Dispute in arbitration.4. Arbitration ProceduresIf arbitration applies, either You or We mayinitiate arbitration with either:· The AmericanArbitration Association (AAA) under its Consumer Arbitration Rules,or· JAMS under its Comprehensive Arbitration Rules &Procedures.There will be one neutral arbitrator, and thearbitration will be conducted on an individualbasis — there will be noclass, consolidated, or representative arbitrations (except asagreed in writing).The FederalArbitration Act (FAA) governs the interpretation, enforcement, and scope ofthis arbitration agreement, including the arbitrability of issues.The arbitratormay award the same damages or relief that a court could award, and a writtenarbitration award may be entered as a judgment in any court of competentjurisdiction.5. Location of Arbitration and CostsArbitration may be initiated in either:· Washington, D.C., or· The federal judicial district that includes Your billingaddress.You will be responsiblefor your arbitration fees and costs as permitted by the applicable arbitrationrules and law. If You are the prevailing party, the arbitrator may awardreasonable attorneys’ fees and costs.6. Class Action WaiverAll disputesmust be resolved on an individual basis. The arbitrator may not consolidatemore than one person’s claims, and may not preside over any class,consolidated, or representativeactions, unless both You and We specifically agree in writing after a Disputearises.If You validly opt out of arbitration, thisclass action waiver does not apply to You.7. Jury and Court Trial WaiverYou and We eachwaive any right to a jury trial, bench trial, or trial before any court on anyDispute covered by this Section.8. SeverabilityIf any portionof this arbitration provision (other than the Class Action Waiver) is found tobe unenforceable, that portion may be severed, and the remainder of thisprovision will be enforced. If the Class Action Waiver is found unenforceable,then the entire arbitration provision will be unenforceable, and the Disputewill be decided in court.9. SurvivalThis Sectionshall survive the termination of Your account or Your cessation of use of thePlatform. 20. LanguageThe parties expresslyagree that these Terms and all related documents and notices shall be in the English language. To the fullestextent permitted by applicable law, the Englishlanguage version of these Termsis controlling and binding, and any translations are provided solely forconvenience. If You would like copies of these Terms or any relateddocumentation in another language, please contact accounts@avaza.co.These Terms, together with any additional terms that mayapply when You use specific features of the Services, constitute the entire agreement between You andUs regarding the Services and supersedeall prior or contemporaneous agreements, negotiations, or understandings,whether written or oral. General ProvisionsWe believe that direct communication resolves mostissues. If We determine that You are not complying with these Terms, We willnotify You and, where appropriate, provide recommended corrective actions,because We value maintaining a constructive relationship.Notwithstanding the foregoing, certain violations ofthese Terms — as determined in Our sole discretion — may result in immediate suspension or termination of Youraccess to the Platform and Services without prior notice.These Terms shall be governed by and interpreted in accordancewith the Federal Arbitration Act,the laws of the State of Tennessee, and applicable federal laws of the UnitedStates of America, withoutregard to conflict of law principles. Foreign laws shall notapply. GoverningLaw and VenueThese Terms and anydisputes arising out of or relating to these Terms, the Platform, or theServices shall be governed by andconstrued in accordance with the laws of the State of Tennessee, United States,without regard to its conflict of law principles. Except fordisputes subject to arbitrationas described above, any legal action or proceeding arising out of or related tothese Terms or Your use of the Platform shall be brought exclusively in the state or federal courtslocated in Tennessee, the County of Davidson and You hereby consent to the personal and exclusivejurisdiction of those courts.Failure by Us to enforce any right or provision of these Terms shall not constitutea waiver of such right or provision or any other rights or provisions of theseTerms.You may not assign or transfer Your rights or obligationsunder these Terms, including Your membership or access to Services, without Ourprior written consent. However, You agree that We may assign or transfer theseTerms, in whole or in part, to Our affiliates or to any successor in connectionwith a merger, acquisition, corporate reorganization, or sale of all orsubstantially all of Our assets without Your consent.There are no third-party beneficiaries tothese Terms.The followingprovisions shall survivetermination of these Terms: proprietary rights, disclaimers ofwarranties, representations, indemnities, limitations of liability, and othergeneral provisions.
21. California ConsumerNoticeUnder California Civil Code Section 1789.3,California residents are entitled to the following consumer rights notice:If You have a question or complaint regarding thisPlatform or the Services, California residents may contact the Complaint Assistance Unit of theDivision of Consumer Services of the CaliforniaDepartment of Consumer Affairs:· Mail: 1625 North Market Blvd.,Sacramento, CA 95834· Phone: (916) 445-1254 or (800) 952-5210· Hearing Impaired (TDD): (800) 326-2297or (916) 322-1700 AVAZA LSC Contact InformationThis Platform and the Services are provided by AVAZA Language Services Corp.,headquartered in Nashville,Tennessee, United States If You have a non-legalquestion or complaint regarding the Platform or Services,please contact:· Customer Service: accounts@avaza.co· Technical Support: support@avaza.coFor legalquestions or complaints, please contact:· Legal/Accounts: accounts@avaza.co 22. TerminationWe may suspend or terminate your access to the Servicesat any time, with or without cause, including if you violate these Terms. Upontermination, all rights granted to you under these Terms will immediatelycease. 23. Governing LawThese Terms are governed by the laws of the State of Tennessee, without regard toconflict of law principles. You agree that all disputes arising under theseTerms shall be resolved exclusively in the state or federal courts located in Davidson County, TN. 24. Changes to TermsWe may modify these Terms from time to time. We will postthe updated Terms at https://avaza-website-08698eac533-9854abf5aa634.webflow.io/ with an updated“Last Updated” date. Your continued use of the Services after changes indicatesyour acceptance of the updated Terms. 25. Contact InformationIf you have questions about these Terms, please contact:
AVAZA Language Services Corp
Email: support@avaza.co AVAZA LSC SERVICE LEVELAGREEMENT (SLA)1. Service LevelsAVAZA LSC will use commercially reasonable efforts to:· Provide support for the AVAZA LSC Platforms; and· Maintain the availability and operational performance ofthe AVAZA LSC Platform.These efforts will be consistent with AVAZA LSC’spolicies and procedures. Customers acknowledge that AVAZA LSC’s ability toaddress network or access issues depends in part on third-party communicationsproviders and the Customer’s own systems and personnel. Customers areresponsible for ensuring they have adequate internet connectivity, hardware,and facilities to access and use the Services. 2. Services CoveredAVAZA LSC provides scheduled and on-demand video andaudio interpreting and language services, as well as translation,transcription, and related services (collectively, the “Services”). TheServices are available through the AVAZA LSC Platforms and may be further describedin an applicable Order Form , Service Agreement or Statement of Work (“SOW”).Use of the Services is subject to these Terms of Service and Use and, forEnterprise or Healthcare Enterprise Customers, the applicable EnterpriseAgreement and Business Associate Agreement (if any). 3. Billing and Payment3.1 Fees
Fees for Services are as set forth in the applicable Order Form or SOW. Feesmay include subscription charges and usage-based charges (such as per-minuteinterpreting fees).3.2 Invoicingand Payment Terms
Unless otherwise specified, fees are invoiced monthly in arrears and are duewithin thirty (30) daysof the invoice date. Past due amounts accrue interest at 1.5% per month or the maximumrate permitted by law, whichever is less. All fees are exclusive of taxes;Customers are responsible for all taxes other than AVAZA LSC’s income taxes.3.3 DisputedInvoices
If a Customer disputes all or part of an invoice, the Customer must pay theundisputed portion and notify AVAZA LSC of the dispute within thirty (30) daysof the invoice date. Amounts determined to be owed after resolution will accrueinterest from the original due date.3.4 UsageReporting
AVAZA LSC will provide access to monthly usage and fee reporting. 4. Network, Equipment, and FacilitiesCustomers are responsible for providing and maintainingthe necessary internet connectivity, hardware, and facilities to access theAVAZA LSC Platform and receive Services. AVAZA LSC is not responsible forinterruptions in service or reduced service quality caused by the Customer’snetwork, equipment, or facilities. 5. Reservations and Cancellations5.1 Interpreter Scheduling
Customers may request interpreters 24 hours per day, 7 days per week for both Pre-Scheduled Calls and On-Demand Calls.5.2 Pre-Scheduled Calls
Customers may reserve an interpreter for a specified future date and time(“Pre-Scheduled Call”) by contacting AVAZA LSC through the Platform. AVAZA LSCwill use best efforts to provide an interpreter at the requested time and date;however, for reservations made within24 hours of the requested start time (or within three business days for ASL),AVAZA LSC cannot guarantee interpreter availability.5.3 Charges and Usage Fees· Customers will be charged a per-minute usage fee forPre-Scheduled Calls, with a minimumcharge equal to the reserved time.· If a Pre-Scheduled Call is reserved for 60 minutes butonly lasts 15 minutes, the Customer will be charged for 60 minutes.· If a Pre-Scheduled Call lasts 75 minutes, the Customerwill be charged for 75 minutes; time beyond the reserved duration is consideredOverage Time, andfees charged for this time are OverageFees.5.4 Overage Time Note
If a session enters Overage Time, AVAZA LSC does not guarantee the originalinterpreter will continue on the call. Customers should reserve sufficient timebased on anticipated usage.5.5 No-Shows and Cancellation Charges· If a Pre-Scheduled Call is canceled or modified outsidethe applicable cancellation or modification window (24 hours prior for alllanguages except ASL; three business days for ASL), the Customer will becharged the full reserved time as a CancellationFee.· Interpreters will wait 15 minutes after the scheduledstart time; if the Customer has not joined the call within that period, thecall will be canceled and the Customer charged a Cancellation Fee.5.6 Contact Information for Calls
For all Pre-Scheduled Calls, Customers must provide a direct telephone numberand email address of the individual receiving the interpreting services.Failure to provide accurate contact information may result in service failureand applicable fees.5.7 Third-Party Platforms
For Pre-Scheduled Calls held outside of the AVAZA LSC Platform (e.g., Doxy,Google Meet), Customers must provide the call link at the time of booking. Ifno link is provided in advance, the request will be canceled and requirerescheduling.6. Other ServicesDocument translation and transcription services may beprovided on a project basis as described in an Order Form, SOW, or as otherwiseagreed in writing. For certain services, AVAZA LSC may engage third-partyproviders.7. ContactIf You have any questions about these Terms or otherwiseneed to contact Us for any reason, You may reach Us at: support@avaza.co