These Terms of Use (“Terms of Use”) govern the provision of the Services (as defined below) by Gladia Inc. having an address at c/o Corporation Service Company, 251 Little Falls Drive Wilmington, New Castle County, Delaware, 19808 (“Gladia” or “we”) through the Gladia application and/or website (the “Sites”) to users of the Sites (“User” or “you”).
By clicking on the “I Accept” button, completing the registration process by creating an Account (as defined below), accessing the Sites, or otherwise accessing or using any of the Services, you expressly accept the Sites Policies (as defined below). Gladia’s provision of the Services is expressly conditioned on your acceptance of the Sites Policies.
The English version of these Terms of Use shall govern and prevail in all instances, notwithstanding any translations or versions in other languages. These Terms of Use may be further supplemented by specific conditions, which, in the event of any conflict or inconsistency, shall supersede and take precedence over these Terms of Use.
1. Eligibility
The Services shall only be used, and the Sites shall only be accessed by users who are at least 18 years old. By accessing, browsing or using the Sites and/or using the Services, you represent and warrant that you are of legal age to form a binding contract with Gladia and, in any event, at least eighteen (18) years of age.
Further, by accessing, browsing or using the Sites and/or using the Services on behalf of a legal person, you represent and warrant that you are authorized to do so.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE OR ANY CHANGES OR UPDATES TO THE SAME, YOU MAY NOT ACCESS OR USE THE SITES OR ANY OF THE SERVICES.
2. Services
The Services shall include all services accessible via the Sites, or otherwise made available by us for the purposes of providing Users access to an audio transcription application programming interface with artificial intelligence created and/or administered by Gladia (the “API”), compatible with the User’s existing infrastructure, and related support services (collectively, the “Services”).
By creating an Account and paying the fees described on the Sites, you will get access to the “Enterprise” plan at the terms and conditions set forth on the Sites and subject to our Master Service Agreement and the Order (as defined in the Master Service Agreement).
Gladia’s Services are derived from rapidly advancing fields, such as AI. Due to the inherent nature of these technologies, the Services may, in certain instances, yield inaccurate or erroneous results. Gladia expressly disclaims any representations or warranties regarding the correctness, completeness, or reliability of any output produced through the Services using the Data (as defined below) (the “Output”). The User acknowledges and agrees to independently assess the accuracy of any Output, including, but not limited to, through the use of human review or other verification methods.
YOU HEREBY ACKNOWLEDGE THAT YOUR DATA AND/OR CONTENT MAY BE USED AS AN INPUT OR OUTPUT FOR CERTAIN ARTIFICIAL INTELLIGENCE-BASED FUNCTIONALITIES WITHIN THE SERVICES.
The User acknowledges that the proper functioning of the Services requires an Internet connection, and that the quality of the Services is contingent upon the reliability and performance of such connection. Gladia shall not be held responsible for any issues arising from or related to the User’s Internet connection. Further, the costs associated with Internet access are solely the responsibility of the User.
The Services and any content generated through the use of the Services may be restricted or unavailable in certain jurisdictions, and may be subject to export controls or other legal limitations under applicable laws and regulations. The User agrees not to access, use, or export the Services or any generated content in any manner that contravenes such laws or regulations. Gladia makes no representation or warranty regarding the legality of the Services or the content in any particular jurisdiction, and the User shall bear sole responsibility for ensuring compliance with all relevant local, national, and international laws.
Gladia retains the right to engage subcontractors for the execution of the Services. These subcontractors will be bound by the same obligations as Gladia in performing the Services.
Third Party Products
The Services may integrate access to or aspects of Third-Party Products. For purposes of these Terms of Use, such Third-Party Products are subject to their own terms and conditions presented to you for acceptance within the Services by website link or otherwise. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install, access, or use such Third-Party Products.
For the purposes of these Terms of Use, “Third-Party Products” means any products, content, services, information, websites, integrations, or other materials that are owned by third parties and are incorporated into or accessible through the Services.
The User acknowledges that Gladia makes no representations or warranties regarding the content of Third-Party Products and agrees to access such products at their own risk. Accordingly, Gladia shall not be held liable for any damages arising from the User’s access to and/or use of the Service or the information contained therein.
3. Account
In order to access the Services, you shall be required to register an account with Gladia through the Sites (“Account”). For registering an Account, you must provide your name, surname, email address, company size, role and choose a password. In registering your Account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by any other persons, including individuals under the age of eighteen (18), and you will accept full responsibility for any such unauthorized use. You agree to notify Gladia immediately of any unauthorized use of or access to your Account or any other breach of security. Gladia reserves the right to take any appropriate action to restore the security of the Services.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Gladia has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Gladia has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).
Prior to the activation of the User’s personal space and at any time during the term of these Terms of Use, Gladia reserves the right to verify the accuracy of the information provided by or on behalf of the User and to request supporting documents from the User.
You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You may establish only one (1) Account per person to participate in the Services, and should Gladia discover that you have opened more than one (1) Account per person, in addition to any other rights that Gladia may have, Gladia reserves the right to suspend or terminate any or all of your Accounts.
You agree not to create an Account or use the Services if you have been previously removed by Gladia, or if you have been previously banned from any of the Services.
Gladia reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. We reserve the right to deny or rescind any username, in our sole discretion, that we determine to be vulgar, demeaning, obscene, illegal, or claims the identity of another person other than you.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Gladia.
4. Prohibited Uses of the Services
Unless otherwise permitted under these Terms of Use, you may not:
- (a) use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms of Use or is otherwise threatening, fraudulent, or harmful in any way;
- (b) use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services;
- (c) impersonate a third party or use or attempt to use another user’s account or information without authorization;
- (d) use the Services in any manner that could interfere with or impair their functioning or that of other users;
- (e) engage in conduct that hijacks or violates IT security of Gladia or others;
- (f) extract or collect the Data of users by any means;
- (g) reverse engineer, disassemble, decompile or bypass restrictions on the Services or Sites;
- (h) develop or use unauthorized applications or software interacting with the Services;
- (i) use the Services or Output to develop competing products or services;
- (j) use any part of the Services or Output as input for external AI/ML tools;
- (k) use the Services or Output in datasets for AI/ML training without authorization;
- (l) copy or automatically access the Sites/Services/API by robot, spider, or scraping tool;
- (m) frame, mirror, or incorporate the Services into any other site or app;
- (n) reuse media or visuals from the Sites for unrelated purposes;
- (o) delete or alter copyright, trademark, or rights notices from content;
- (p) modify or create derivative works from the Sites or Services;
- (q) rent, resell, sublicense, or share the Services or any part thereof with third parties;
- (r) circumvent or disable protection, security or rights management features;
- (s) upload or transmit content that is illegal, harmful, offensive, or violates rights;
- (t) import personal information of others without consent or legal basis;
- (u) upload sensitive personal data or information of individuals under 18.
Gladia shall not be held liable for any consequences arising from the abnormal or unauthorized use of the Services, as specified in this Section, and reserves the right to pursue all available recourse against any User, including but not limited to the termination of the User’s account.
5. Changes to and Suspension of the Services
We may change, discontinue or suspend all or any part of the Services at any time and without notice, at our sole discretion. Further, access to the Services may be limited or suspended at any time and without notice due to preventive, corrective and/or evolutionary maintenance. The limitations or suspensions to the Services do not discharge the User from the obligation to pay any full amounts due to Gladia.
Unless otherwise permitted, Users waive any claims in relation to any change to, discontinuation or suspension of all or any part of the Services.
6. User Data
You may upload audio, videos, text, comments, graphics, enhancement requests, feedback, recommendations etc. (collectively and together with the content generated by and through the Services, the “Data”) as part of your use of the Sites. IF YOU CHOOSE TO MAKE ANY OF YOUR INFORMATION OR THE DATA PUBLICLY AVAILABLE THROUGH THE SERVICES OR OTHERWISE, YOU DO SO AT YOUR OWN RISK. You are solely responsible for the development, content, operation, maintenance, and use of your Data. You shall ensure that all Data, and your use thereof, complies with these Terms of Use as well as all applicable laws, rules, and regulations. You acknowledge and agree that you shall be solely responsible and liable for any violations thereof. Furthermore, you warrant that all Data is accurate, complete, not misleading, and does not in any way harm or compromise Gladia’s systems or infrastructure.
You hereby grant to Gladia a fully paid, non-revocable, perpetual, non-exclusive, royalty-free, worldwide, transferable, assignable, and sublicensable right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and use your Data to provide the Services (including the trust and safety features therein), to improve the Services (including without limitation model training), and to develop new services and products. Notwithstanding the foregoing, we will not commercialize your Data on a standalone basis without your permission to do so.
You may not provide Data for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that you have all necessary rights and appropriate consents related to Data to allow Gladia to provide the Services and enforce its rights. You agree not to submit any Data that:
- (a) infringes intellectual-property or proprietary rights of any party;
- (b) you do not have a right to submit, including personal information of third parties without required consent;
- (c) contains software viruses or code intended to damage or interrupt systems;
- (d) poses a privacy or security risk to any person;
- (e) constitutes unsolicited advertising or spam;
- (f) is threatening, abusive, harassing, bullying, or excessively violent;
- (g) is defamatory, libelous, or verifiably false with intent to harm;
- (h) constitutes hate speech or promotes discrimination or violence;
- (i) is obscene or pornographic;
- (j) constitutes sexual harassment;
- (k) involves sexual exploitation or abuse of a minor;
- (l) glorifies self-harm;
- (m) promotes terrorism or violent extremism;
- (n) interferes with or disrupts the Services or connected networks;
- (o) is objectionable or restricts others’ use of the Services;
- (p) impersonates any other person;
- (q) contains sensitive personal information or personal information of minors;
- (r) includes content or information relating to any other person or entity without authorization;
- (s) would breach an agreement or violate any applicable law.
We do not undertake to review all Data and expressly disclaim any obligation to monitor Data. You agree to defend, indemnify, and hold Gladia and its affiliates harmless from any damages, losses, or expenses arising from your Data. Gladia assumes no liability for Data posted by users or third parties and does not endorse any statements therein. Although we have no obligation to screen or monitor Data, we may, at our sole discretion: (a) delete or refuse to post Data; (b) suspend or terminate your access to the Services; (c) take any action necessary to ensure compliance with law or these Terms of Use; and (d) cooperate with law-enforcement authorities.
Unless otherwise specified, except for our Freemium Offer, when the Services include the storage of Data, the User may delete such Data at any time. Once deleted, the Data will be permanently removed from Gladia’s servers and cannot be recovered.
7. License and Proprietary Rights
Subject to your acceptance and compliance with these Terms of Use and the Master Service Agreement, including payment of all applicable fees, Gladia grants you a personal, non-sublicensable, non-exclusive, non-transferable, limited license, solely for so long as you have a valid Account and within the applicable usage limits, to access and use the Services over the internet and to use the Output solely for your internal, personal and commercial purposes, in accordance with these Terms of Use. This license does not grant you any other rights, including any right of reproduction or commercial exploitation of the Services. You agree to comply with all laws, rules and regulations applicable to the use of the Services.
These Terms of Use do not transfer any right, title or interest in any intellectual-property right to you, except as expressly set forth herein. Gladia or its licensors own and retain all rights, title and interest in and to (a) any materials made available through the Services, (b) the Sites and the Services, and (c) all enhancements and updates thereto. There are no implied rights; Gladia reserves all rights not expressly granted. Any Feedback you submit may be used by Gladia without compensation, and you grant Gladia a worldwide, irrevocable, royalty-free, sublicensable licence under all intellectual-property rights in such Feedback for any purpose.
The GLADIA mark is owned by Gladia. Unauthorised use of this trademark, name or logo is strictly prohibited and may result in civil or criminal penalties unless prior written consent is obtained from Gladia.
8. Breach and Remedies
In the event of a breach by the User of any provision of these Sites Policies, or upon request from competent authorities, Gladia may, in its sole discretion:
- remove any Data that violates these Terms of Use, without prior notice;
- suspend the User’s access to and use of their Account;
- terminate the User’s right to access or use the Sites or the Services;
- notify and cooperate with any competent authority, providing requested information; and
- pursue any legal actions or remedies available.
These measures are without prejudice to Gladia’s right to seek damages, costs and any other legal remedies.
9. Termination
Gladia may, without notice and in its sole discretion, terminate or suspend your right to access or use the Sites or the Services, and to hold an Account, at any time for any reason, including violation of these Terms of Use or failure to pay fees. Gladia shall not be liable to you for any termination of your Account, and no refund will be due for prepaid fees. Upon termination, all rights and licences granted to you cease immediately, and you must stop using the Services. Provisions that by their nature should survive (e.g., ownership, confidentiality, indemnification, disclaimers and limitations of liability) will remain in force.
10. Confidentiality
“Confidential Information” means all trade secrets, know-how, inventions, developments, software and other financial, business or technical information disclosed by or for Gladia. Confidential Information excludes information that you can demonstrate is: (a) already known without restriction, (b) rightfully furnished without restriction by a third party, (c) publicly available without breach, or (d) independently developed without reliance on Confidential Information.
Except for the specific rights granted herein, you shall not access, use or disclose any Confidential Information without Gladia’s prior written consent and shall protect it with at least the same care you use for your own confidential information (and not less than reasonable care). Service features and product information are Confidential Information of Gladia. Upon termination, or on request, you must return or destroy all Confidential Information.
11. Indemnity
You agree to indemnify, defend and hold harmless Gladia, its licensors, affiliates, subsidiaries and their respective officers, directors, employees, agents and contractors from any damages, losses, liabilities, costs or expenses (including attorneys’ fees) arising out of: (i) your use of or conduct in connection with the Services; (ii) disputes with third parties related to the Services; (iii) negligence or wilful misconduct; (iv) the Data or Feedback; (v) your infringement of any rights of another; or (vi) any other conduct in connection with the Services or the Data.
12. Warranty disclaimer and limitation of liability
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE USE OF THE SERVICES. AS SUCH, THE SERVICES ARE PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE,” AND GLADIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING ANY THIRD-PARTY PRODUCTS INTEGRATED THEREIN, AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GLADIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED.
NEITHER GLADIA NOR ANY OF ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND ANY RISK OF INJURY RELATED TO THE FOREGOING RESTS ENTIRELY WITH THE USER. WITHOUT LIMITING THE FOREGOING, GLADIA OR ANY THIRD PARTY DATA PROVIDERS OR LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES DO NOT WARRANT THAT THE SERVICE, INFORMATION, DATA, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USERS THROUGH THE SITES, THE SERVER SUPPORTING THE SITES, OR E-MAILS SENT FROM GLADIA WILL BE SECURE, FREE OF VIRUSES, BUGS, ANOMALIES, OR OTHER HARMFUL COMPONENTS, ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SITES WILL OPERATE WITHOUT INTERRUPTION, MALFUNCTION, DISRUPTION OR ERROR. USER ACKNOWLEDGES THAT GLADIA DOES NOT GUARANTEE THE ACCURACY OF DATA CAPTURED THROUGH ITS SITES. GLADIA IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING FROM THE CAPTURE, ANALYSIS, OR INTEGRITY OF SUCH DATA UNDER ANY CIRCUMSTANCES. GLADIA SHALL NOT BE LIABLE FOR ANY DIFFICULTY OR TEMPORARY IMPOSSIBILITY IN ACCESSING THE SERVICES ARISING FROM: (A) CIRCUMSTANCES EXTERNAL TO GLADIA’S NETWORK, INCLUDING BUT NOT LIMITED TO PARTIAL OR TOTAL FAILURE OF THE USER’S SERVERS; (B) FAILURE OF EQUIPMENT, CABLING, SERVICES, OR NETWORKS NOT INCLUDED IN THE SERVICES OR NOT UNDER GLADIA’S CONTROL; (C) INTERRUPTION OF THE SERVICES BY TELECOMMUNICATIONS OPERATORS OR INTERNET SERVICE PROVIDERS; OR (D) ANY INTERVENTION BY THE USER, INCLUDING BUT NOT LIMITED TO IMPROPER CONFIGURATION OR MISCONFIGURATION OF THE SERVICES. USER ACKNOWLEDGES THAT GLADIA IS NOT RESPONSIBLE IN ANY WAY FOR MAINTAINING, SECURING, UPDATING, CHARGING OR REPLACING HARDWARE, OR COMPONENTS OF HARDWARE. USER ACKNOWLEDGES THAT GLADIA IS NOT RESPONSIBLE IN ANY WAY FOR FIRE, THEFT, LOSS, DAMAGE OR ANY LIABILITIES ARISING FROM THE HARDWARE USED BY USER TO ACCESS OR USE THE SITES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL GLADIA OR ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE OR CLAIM FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OPPORTUNITY OR DATA, OR DELAY, EVEN IF FORSEAEABLE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. ADDITIONALLY, IN NO EVENT SHALL GLADIA BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITES, THE SERVICES, OR OTHERWISE RELATED TO THESE TERMS OF USE (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM USE OF OR RELIANCE ON ANY INFORMATION OBTAINED FROM GLADIA, OR FROM EVENTS BEYOND GLADIA’S REASONABLE CONTROL, SUCH AS SITES INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE).
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT GLADIA IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES (OR ANY PORTION THEREOF) OR THE SITES, GLADIA’S LIABILITY SHALL BE STRICTLY LIMITED TO THE TOTAL MONTHLY PRICE YOU PAID FOR THE SERVICES (IF ANY) DURING THE MONTH PRECEDING THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HAVE BEEN MADE AWARE OF, HAVE READ, AND UNDERSTAND THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
YOU EXPRESSLY, KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS, BENEFITS, AND PROTECTIONS OF CALIFORNIA CIVIL CODE SECTION 1542 AND OF ANY OTHER APPLICABLE STATE OR FEDERAL STATUTE, COURT DECISION, OR COMMON LAW PRINCIPLE LIMITING THE SCOPE OR EFFECT OF THIS RELEASE. YOU HEREBY SPECIFICALLY ACKNOWLEDGE THAT YOU HAD THE OPPORTUNITY TO DISCUSS THE MEANING, LEGAL EFFECT, AND IMPORT OF THIS RELEASE WITH LEGAL COUNSEL OF YOUR CHOOSING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13. Gladia communications
By entering into these Terms of Use or using the Services, you agree to receive communications from us, including via e-mail and in-app message. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning Gladia and industry developments. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS AS A CONDITION OF USING THE SERVICES.
14. Customer service
Gladia’s customer service department is available for all inquiries regarding the Sites, the Services, subscription purchases, complaints, requests for information and, more generally, these Terms of Use by writing to
support@gladia.io or calling +33 6 26 79 48 70.
15. Force majeure
Gladia shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, acts of God, war, acts of terrorism, acts of civil or military authorities, floods, accidents, insurrections, riots, embargoes, fires, strikes, delays in transportation, epidemic, pandemic or other public health issue, shortages, failure of any party to perform any contract with Gladia related to the provision of the Services, delay, interruption or suspension of sporting events, blackouts or governmental laws, regulations, orders or actions.
16. Sites policies
For any other legal information concerning your access to, use of, or the way the Sites or the Services may use and collect your personal information, please read the
Privacy Policy and the Master Service Agreement (together with these Terms of Use, collectively, the “Sites Policies”).
Gladia reserves the right to amend any portion of the Sites Policies at any time and without prior notice to you; as such, please make sure you review the current Sites Policies prior to using the Services. Any amendments or updates to any Sites Policies shall be effective upon publication in their respective sections of the Sites. A User’s continued use of the Services following the publication of amended or updated Sites Policies shall be deemed as acceptance of such modifications.
17. Miscellaneous
These Terms of Use and their interpretation shall be governed by the laws of the State of New York without regard to its conflicts of law rules. In the event of any dispute arising from these Terms of Use, the parties agree to first attempt resolution through good faith negotiations or mediation. If the dispute cannot be resolved amicably, either party may seek formal legal remedies, including litigation. User expressly: (i) agrees that exclusive jurisdiction for resolving any claim or dispute with Gladia relating in any way to use of the Sites resides in the State of New York; (ii) agrees and consents to the exclusive personal jurisdiction and venue of the courts located in the State of New York for any cause of action relating to or arising under these Terms of Use; and (iii) waives any right to a jury trial in any legal proceeding against Gladia.
These Terms of Use, together with the other Sites Policies, shall constitute the entire agreement between you and Gladia. The invalidity or unenforceability, in whole or in part, of any provision of these Terms of Use shall not affect the validity or enforceability of any other provision hereof or any other term of the remaining Sites Policies. The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof.
The failure of either party to insist upon the strict performance of any provision of these Terms of Use, or the failure of either party to exercise any right, option, or remedy hereby reserved, shall not be construed as a waiver of any such provision, right, option, or remedy or as a waiver of any subsequent breach thereof. No provision of these Terms of Use shall be deemed to have been waived unless such waiver shall be in writing signed by the party to be charged.
