Terms of Service

Foreword

This agreement (the "Agreement") is governed by the laws of the United Kingdom and describes the general Terms and Service Conditions (the "Terms") on which Nuenki and its affiliates (collectively "Nuenki", "Nuenki.app", "us", or "we") offer you ("User", "you", "your") access to nuenki.app (the "Service" or "Site"), its affiliated browser extension (the "Extension" or "App") and any other affiliated Applications and to the services and products provided on this Application and other affiliated Applications.

By using the nuenki.app website ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Nuenki reserves the right to update and change the Terms of Service at any time, from time to time, for any reason. Notice may be provided through email, the Service, or the Site. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at https://nuenki.app/tos.

Violation of any of the terms below will result in the termination of your Account. While Nuenki prohibits such conduct and Content on and using the Service, you understand and agree that Nuenki cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

You must be at least 18 years old to use this Service.
You must be a human; accounts registered by bots and other automated methods are not permitted.
You must provide and maintain a valid email address, valid payment details, and any other information requested in order to complete the signup process.
You are responsible for maintaining the confidentiality of your account and password. Nuenki cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted, all translations requested, and all activity that occurs under your account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may create a free trial account for the purpose of evaluating the Service. This trial period lasts for 24 hours from the time of account creation. Creating multiple trial accounts or using trial accounts as a substitute for a paid subscription is considered abuse of the Service and may result in account termination.

Payment, Refunds, and Cancellation Terms

A valid payment method is required for paid accounts. Free trial accounts do not require payment information. If your payment method becomes invalid, your account may be subject to suspension or deletion.
The Service offers a 24-hour free trial period. After this period, continued use of the Service requires upgrading to a paid subscription. Failure to upgrade will result in limited access to your account until a valid subscription is purchased.
The Service is billed in advance on a monthly basis and is non-refundable, except for within seven days of the initial purchase and account creation, except where required by law. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. While Nuenki may choose to offer refunds at its discretion, this does not change the default non-refundable nature of the Service and does not set a precedent for future cases.
Upon cancellation or termination, all your Content will be immediately deleted from the Service. This information cannot be recovered once your account is cancelled.

Cancellation and Termination

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account option on the Site then clicking "Delete and Cancel Account".
Nuenki reserves the right to suspend or terminate your account with no required notice and refuse any and all current or future use of the Service, or any other Nuenki service, for any reason at any time. Such termination of the Service will result in the deactivation, suspension, or deletion of your Account or your access to your Account. Nuenki reserves the right to refuse service to anyone for any reason at any time and from time to time.
Nuenki reserves the right to terminate or restrict access to free trial accounts at any time, particularly in cases of suspected abuse of the trial system. This may include, but is not limited to, creating multiple trial accounts, using trial accounts as a substitute for paid subscriptions, or any other behavior deemed abusive at Nuenki's discretion.

Modifications to the Service and Prices

Nuenki reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change with 30 days' notice from us. Such notice may be provided at any time and from time to time by posting the changes to the Nuenki Site (nuenki.app), or the Service itself, or through email, or any combination of the aforementioned methods.
Nuenki shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Translation and Content Storage

The Extension translates aspects of a webpage and caches those translations. You agree that Nuenki is not responsible for any issues that come about as a result of these translations, including but not limited to incorrect or inaccurate translations, offensive translations, and/or illegal translations. You agree to take full liability and responsibility for any consequences arising from the use of these translations, including but not limited to any legal actions, disputes, or damages resulting from the reliance on, distribution of, or sharing of translated content. You further agree that Nuenki shall not be liable for any claims, losses, or damages arising from the use of the Service, and you waive any right to seek any form of compensation, remedy, or relief from Nuenki for any issues related to or resulting from the translations provided by the Extension. By using the Service, you acknowledge that translations provided by the Extension are automated and may contain errors, and that you will not hold Nuenki responsible for any harm, loss, or legal liability that may result from such errors. You agree to use the Service at your own risk and to independently verify the accuracy and legality of any translated content before relying on it for any purpose.
Both the original and translated versions of the Content may be stored indefinitely by Nuenki. You agree that Nuenki may use this stored Content for purposes including but not limited to improving the Service and conducting research.
You must not use the Service to translate any Content that is illegal, infringes on third-party rights, or violates any applicable laws. You are solely responsible for ensuring that your use of the Service complies with all applicable legal requirements.
Your use of the Service must comply with the laws of the United Kingdom of Great Britain and Northern Ireland, in addition to those of your local jurisdiction. You are solely responsible and liable for any violations of the laws of the United Kingdom of Great Britain and Northern Ireland and/or your local jurisdiction as a result of your actions and/or use of the Service.
Content and translations created during the free trial period are subject to the same storage and usage policies as paid accounts. Deleting your account does not remove your anonymized translations from our system.
Both the original text and its corresponding translation generated through the Service are cached and stored indefinitely in our system. This dual storage is necessary for the proper functioning of our translation lookup feature. When you delete your account, your personal information will be removed, but both the original text and translated versions you've interacted with will remain in our system as anonymized data. These cached original-translation pairs are used to improve the Service, may be accessed by other users, and are retained even after account deletion. By using the Service, you explicitly acknowledge and agree that:
1. We store both the original text and its translation.
2. Deleting your account does not remove or delete any original texts or translations you've interacted with.
3. These original-translation pairs will continue to exist in our system indefinitely.
4. You grant us the right to use these anonymized original-translation pairs for service improvement and to make them available to other users.

Copyright and Content Ownership

Users retain ownership of their Content but grant Nuenki a worldwide, non-exclusive, royalty-free license to use, distribute, display, and make derivative works from the Content.
The Content and all other information, data, text, graphics, images, photographs, audio and video clips, logos, icons, and software appearing on the Service ("Content") are and will remain our property, our suppliers, our agents, and our licensors. These materials may be used solely to the extent necessary for your authorized use of the Service, as provided in this Agreement. You may not copy, distribute, prepare derivative works from, or otherwise use Content for any public or commercial purpose without prior written permission.
You may not reverse engineer, decompile, disassemble, hack, port, or modify the Extension, without written permission from Nuenki.
All Site, Extension, and other application materials, including, without limitation, text, pictures, scripts, graphics, and other files and the selection and arrangement thereof are our copyrighted materials, ALL RIGHTS RESERVED, or by the original creator of the material.
Users grant Nuenki permission to indefinitely store, distribute, display, or otherwise make use of any and all Content, including but not limited to translations, uploaded to or used with the Service by any method, either now, existing, or later developed, without compensation to you.
The Nuenki trademarks, service marks, logos, and product and service names are trademarks of Nuenki, its suppliers, and/or licensors. Without Nuenki's prior written permission, you agree not to display or use in any manner the Nuenki marks.

General Conditions

This Agreement shall be interpreted in accordance with the laws of the United Kingdom of Great Britain and Northern Ireland without regard to its conflicts of law principles. You and we are independent contractors, and no agency, partnership, joint venture, employment, or franchise relationship is intended or created by this Agreement.
Any dispute arising out of or related to these Terms shall be governed by and construed in accordance with the laws of the United Kingdom. You agree that any legal action or proceeding between you and Nuenki shall be brought exclusively in the courts located in London, United Kingdom, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
You understand that Nuenki uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You agree not to reproduce, duplicate, copy, sell, resell, exploit, hack, or reverse engineer any portion of the Service, use of the Service, or access to the Service without the express written permission of Nuenki.
Nuenki may implement measures to prevent abuse of the free trial system, including but not limited to banning users, IP addresses, or email addresses associated with suspected abuse. The determination of what constitutes abuse is at Nuenki's sole discretion.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may not use aspects of the Service, including but not limited to any APIs (Application Processing Interfaces) associated with the Service, for any purpose except for the normal operation of the Service.
You must not transmit any illegal Content and assume full and complete liability for any instances of such.
If your Content usage exceeds the limits, as determined by the Service, access to aspects of the Service may be disabled, at the discretion of the Service. Limits may change at any time, from time to time, for any reason, without notice.
Nuenki does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, reliable, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of the Service, or any aspect of it, will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Nuenki shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Nuenki has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the service; (iv) or any other matter relating to the service.
The failure of Nuenki to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Nuenki and govern your use of the Service, superseding any prior agreements between you and Nuenki (including, but not limited to, any prior versions of the Terms of Service).
This Agreement may be supplemented, amended, or modified unilaterally at any time, from time to time, for any reason by us (Nuenki). Any supplement, amendment, or modification of this Agreement shall be binding 30 days after updating, posting, or otherwise providing public notice.
This Agreement and all other agreements, exhibits, and schedules referred to in this Agreement constitute the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. This Agreement may not be contradicted by evidence of any prior or contemporaneous statements or agreements. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation, understanding, agreement, commitment, or warranty outside those expressly set forth in this Agreement.
In the event that any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be severed from this Agreement, and the remainder of this Agreement shall continue to be valid and enforceable.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Please review our Privacy Policy at https://nuenki.app/privacypolicy for information on how we collect, use, and protect your personal data.
Technical support is only provided via email and is only available in English.
Questions about the Terms of Service may be emailed to support at nuenki dot com.
You agree not to use the Service to:
1. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
4. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
5. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
7. intentionally or unintentionally violate any applicable local, state, national or international law.

DISCLAIMERS OF WARRANTY

WE PROVIDE THE SERVICE AND PRODUCTS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE; (B) THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE; (C) AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY USER AND WHETHER YOU SHOULD RELY ON ANY INFORMATION PROVIDED BY SUCH USER; (D) AS TO THE TRUTH, QUALITY, ACCURACY, OR EFFECTIVENESS OF THE CONTENTS OF ANY MESSAGE OR THE QUALITY, SAFETY, EFFECTIVENESS, CONFORMANCE OR LEGALITY OF ANY PRODUCT OR SERVICE DESCRIBED OR RECOMMENDED IN ANY MESSAGE; AND (E) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION OF LIABILITY

AS A CONDITION OF USING THE SERVICE AND PRODUCTS, AND IN CONSIDERATION OF THE SERVICES PROVIDED BY NUENKI.APP, YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, DAMAGES, EXPENSE, OR COSTS, HOWEVER ARISING (INCLUDING NEGLIGENCE), BUT INCLUDING THOSE RESULTING DIRECTLY OR INDIRECTLY FROM, OR OTHERWISE ARISING IN CONNECTION WITH: (A) THE USE OF THE SERVICE BY YOU, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM OR ARISING FROM YOUR RELIANCE ON THE SERVICE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, NON-DELIVERIES, MISDELIVERIES, TRANSMISSIONS, EAVESDROPPING, STATEMENTS OR OTHER CONDUCT BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; (B) THE CONTENT OF ANY MESSAGE OR ANY PRODUCT, SERVICE, OR PROVIDER MENTIONED OR RECOMMENDED THEREIN; (C) THE BREACH, OR ALLEGED BREACH, OF ANY WARRANTY, EXPRESS OR IMPLIED, RELATING TO ANY TRANSACTION; OR (D) GOVERNMENT RESTRICTION, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE, OR ANY OTHER CONDITION BEYOND NUENKI.APP'S REASONABLE CONTROL. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE. THE LIMITATION IN THIS SECTION APPLIES ONLY TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

IN ANY EVENT, NUENKI.APP'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID TO US BY THE CLAIMANT, AND (B) £100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.