I. PURPOSE
- These General Terms of Use constitute a contract between Linguistica and its Subscribers.
- These General Terms of Use are intended to define the terms and conditions for using the Linguistica platform, as well as the services and applications made available to its Subscribers.
- Acceptance of these General Terms of Use implies unconditional consent by the Subscriber to all clauses herein. They are supplemented by the information appearing on the Linguistica platform, to which these General Terms expressly refer; in the event of contradiction, this document shall prevail.
- Linguistica reserves the right to modify these General Terms of Use, as well as any services and applications, at any time and at its sole discretion, without prior notice, in the interest of the parties and for the correct functioning of the platform. Members will be informed in advance of any changes to the General Terms of Use.
II. PROPERTY RIGHTS
- This contract grants the Subscriber no property rights and its duration shall not be construed as a transfer of any ownership rights to the Subscriber.
- Linguistica grants the Subscriber a temporary right to use the Linguistica platform on a personal, non-exclusive and non-transferable basis, limited to the needs of accessing the applications and services offered, for the duration of the subscription contract. This right is automatically revoked at the end of the contract in the event of termination or cancellation for any reason.
III. DEFINITIONS
The terms set out below have the following meanings in these General Terms of Use:
- General Terms of Use: refers to this contract considered accepted by the parties.
- Subscriber: refers to a Partner affiliated with the Linguistica network, regardless of status.
- Guarantor: designates an accredited member responsible for sponsoring new partners.
- Partner: refers to the relationship between a Subscriber and their Guarantor through the affiliation link.
- Dashboard: the personalized interface dedicated to each Subscriber that allows access to the applications and services offered by the Linguistica platform.
IV. AFFILIATION
- The Linguistica network is reserved exclusively for adult Subscribers.
- Membership in the Linguistica network is by co-option only and every new partner must be affiliated by a Guarantor.
- The Guarantor is responsible for supporting and assisting new partners during the registration and training process to ensure they become familiar with the platform.
- Any request to join the Linguistica network is subject to the unconditional acceptance by the new Subscriber of all these General Terms of Use, and the Subscriber undertakes to comply with them. Failure to comply with these rules may result in sanctions up to and including termination of the contract.
- The Subscriber certifies that they are of legal age and meet any solvency requirements required by the state, province or country of residence to enter into, perform and be bound by this contract.
- The Subscriber must ensure that all personal information submitted to Linguistica is accurate. Any inaccurate or incomplete information may result in rejection of the membership request.
- Linguistica reserves the right to accept or refuse any membership request without providing an explanation. Any refusal will be refunded if payment has been received.
- The Subscriber agrees that Linguistica may modify the terms and General Terms of Use, as well as all applications and services, at any time at its sole discretion, without notice, in the interest and for the security of the Linguistica network and its Subscribers.
- All modifications will be notified to the Subscriber via their Dashboard, and it is the Subscriber’s responsibility to take note of them, which the Subscriber expressly accepts.
- The Subscriber must update the personal data provided to Linguistica in case of change of address or telephone number. Such changes may be made in the “profile” section of the Subscriber’s Dashboard. Any other change must be requested via the “contacts” section.
- The contract between Linguistica and its Subscriber is concluded for a period of twelve (12) months from the date of validation of the registration. It renews automatically each year subject to payment of the subscription.
- A Subscriber who does not accept, in whole or in part, the General Terms of Use may withdraw from the Linguistica network at any time by submitting a request via the “contacts” section of their Dashboard.
V. AFFILIATE PROGRAM
- As part of its development, Linguistica runs an affiliate program governed by specific membership conditions, allowing members who wish to participate to benefit from incentive commissions in return for their contribution to the development of the network.
- Only Subscribers participating in the affiliate program may act as Guarantors for the affiliation of new Partners.
- Subscribers wishing to participate in the affiliate program must obtain the agreement of their Guarantor, who is the only person authorized to register them in that program.
- The Guarantor has joint responsibility towards their partner and is required to report any situation that does not comply with the policies, procedures or philosophy of the Linguistica network, in order to protect themselves from any transgression by their partner.
- Conditions for payment of commissions
- 5.1. To receive the commissions to which they are entitled, the member registered in the affiliate program must provide Linguistica with official proof of the legal status of their sole proprietorship, in accordance with the legislation in force in their country of residence.
- 5.2. Such proof must in particular take the form of an extract from the commercial register, a registration certificate or any other official document attesting to the legality and legal compliance of the member’s activity.
- 5.3. Failure to provide such proof may result in the withholding of the commission payment, without Linguistica being liable for compensation.
- Commitment and duty to inform by Linguistica
- 6.1. Linguistica undertakes, in the section relating to the legal status of the Affiliate Program, to provide its members with all relevant and necessary information to help them choose the legal status most suitable for their activity and their country of residence.
- 6.2. The purpose of this support is to ensure members’ legal compliance, to facilitate the collection of commissions and to support the development of their activity in accordance with applicable regulations.
- 6.3. Linguistica cannot in any case be held responsible for the consequences resulting from an inappropriate choice of legal status or from an error in the interpretation of documents provided by the member.
- 6.4. Members remain responsible for obtaining and updating their legal status and for the compliance of their activity with the laws applicable in their country of residence.
VI. SUBSCRIBER STATUS
- Member:
This status is assigned to all new partners affiliated with the Linguistica network; they will be able to access all applications and services offered by the platform. - Active member:
This status is granted to members participating in the affiliate program who meet the conditions for access. In particular, they may act as Guarantors for the affiliation of new partners and receive commissions.
VII. SUBSCRIPTION
- Subscribers must pay the annual subscription to connect to the Linguistica platform.
- The subscription is renewed on the anniversary date of the validation of registration.
- Interested Subscribers are notified by a banner displayed on their Dashboard 30 days before the expiration date.
- Failure to pay the subscription results in termination of the contract and cancellation of all benefits associated with Subscriber status within the network.
VIII. APPLICATIONS AND SERVICES
- The applications and services offered on the Linguistica platform are intended exclusively for exchange and sharing among members.
- Each application is governed by specific terms of use which must be approved by members.
- Simply using the applications and services offered on the platform constitutes unconditional acceptance of the General Terms of Use governing them.
- Linguistica does not market the products and services offered on the platform and does not receive any commission on transactions carried out between members.
IX. TERMINATION / DEREGISTRATION
- A Subscriber who wishes to leave the network may do so by sending a request to the Administration of Linguistica via the “contacts” section of their Dashboard.
- When a Subscriber has not paid their subscription for renewal of the contract, their account is automatically closed.
- A Subscriber may be removed by decision of the Administration of Linguistica for any reason likely to harm directly or indirectly the network or its Subscribers, and in particular for failure to comply with the General Terms of Use.
- In all cases of termination or removal of a Subscriber, their Dashboard is deactivated and they may not claim any further rights of any kind.
X. CONFIDENTIALITY
- The Linguistica network is private and strictly reserved for its Subscribers.
- Subscribers undertake to respect confidentiality rules and not to disclose any information or document regarding Linguistica, even in the absence of an express agreement.
- The Subscriber agrees not to use any advertising means, in any form, to promote the Linguistica network, except through the applications and tools made available to Guarantors, which must be used under the conditions recommended by Linguistica.
- Linguistica attaches great importance to the protection of personal data and to the privacy of its Subscribers. Accordingly, Linguistica undertakes to protect such data through a Privacy Policy accessible from the Subscriber’s Dashboard.
- The anonymity of the Subscriber is ensured by the use of a pseudonym. Subscribers are therefore advised not to choose a pseudonym identical to their email address or their given name and surname.
- Personal data of Subscribers provided to Linguistica are strictly confidential and are never disclosed or transmitted to third parties.
- However, Linguistica may disclose personal information concerning a Subscriber in exceptional cases:
a. to comply with the law or legal proceedings;
b. to ensure that the Subscriber complies with this contract;
c. to protect the rights of Linguistica, its employees or Subscribers in general.
XI. SECURITY
- Subscribers’ access credentials are personal and confidential. They are solely responsible for their protection and use.
- Subscribers undertake not to disclose their login credentials to third parties in any way.
- The Subscriber undertakes not to use the Linguistica platform illegally, to respect local, national and international laws applicable in their place of residence and all laws that may apply to their personal situation.
- Linguistica shall not be liable for illegal use of an account.
XII. GENERAL OBLIGATIONS
- The Subscriber undertakes to comply with rules of ethics and courtesy within the Linguistica network.
- The Subscriber may not under any circumstances use the Linguistica network in an illegal manner, contrary to these General Terms of Use, or in any other reprehensible situation, without this list being exhaustive. For example:
a. harassing, threatening or intimidating;
b. distributing defamatory, racist, obscene, pornographic, abusive content, inciting hatred or violence, containing gratuitous nudity or violence, or infringing any law or third-party rights;
c. publishing or transmitting any communication aimed at obtaining the login, password or other personal information of other Subscribers;
d. creating and sending unsolicited messages to other Subscribers. - The Subscriber may not use the Linguistica platform to influence, recruit or convert other Subscribers for commercial, advertising, pyramid, political, religious, sectarian or similar purposes.
- The Subscriber undertakes to report to Linguistica, via the “contacts” section of their Dashboard, any observation or suspicion of illegal practices, content or approaches deemed abusive or contrary to the General Terms of Use.
- If the Subscriber becomes aware that their credentials are being used fraudulently by third parties, they undertake to inform Linguistica immediately by any means.
XIII. APPLICABLE LAW
- THESE GENERAL TERMS OF USE ARE GOVERNED BY AND SHALL BE INTERPRETED IN ACCORDANCE WITH FRENCH LAW, WHICH SHALL HAVE EXCLUSIVE JURISDICTION IN THE EVENT OF DISPUTES OR FAILURE TO REACH AN AMICABLE SETTLEMENT.
XIV. ACCEPTANCE
- By ticking the box to accept the General Terms of Use in the banner displayed on their Dashboard during registration, the new Subscriber accepts the provisions set out below:
- I confirm that I have read these General Terms of Use and fully understand their terms.
- I accept unreservedly these General Terms of Use and voluntarily submit my request to become a Subscriber of the Linguistica network.
