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feltiv.com

Terms & Conditions

By using our website and any of its associated services, tools, applications, and features, Customers indicate Customer’s unconditional acceptance of the following Terms of Service. Please read them carefully, as they may have changed since the Customer’s last visit. These Terms of Service apply to all feltiv.com (“Feltiv”) online services and features owned & managed by Adaptiq Native Technology Private Limited (“ANTPL”), including online account system, payment integrations, various integrated content localisation technologies, plugins, and applications, unless otherwise indicated.

 

By creating an Account to use Feltiv services, and by receiving Feltiv services, we agree that we both are legally bound by the terms and conditions of this Agreement as we may from time to time update it.

1.  THIS IS AN AGREEMENT

1.1.  Feltiv Services are only provided to Account holders (‘Customers’) subject to this Agreement unless we enter a written agreement with Customers that expressly applies instead of this one.

1.2.  The various account types offered are:

1.2.1.  User (Individual) (‘Customer’)

This is the default account when a user signs up on feltiv.com. An individual user account has one login/password. Individual users manage their own projects and billings.

1.2.2.Organization/Enterprise Administrator/User (‘Customer’)

To create an Enterprise Account for Customers' business, contact support.

In addition to the Feltiv features that Users can access, Enterprise Administrators can also access billing and add User accounts to their organization. Administrators can also control User permissions, such as whether Users are able to download transcripts, media files, and captions & other files.

Enterprise Users and Administrators can sort, search, and access projects across Dashboards within their organization.

 

2.  Company: We are Adaptiq Native Technology Private Limited (‘ANTPL’ or ‘Feltiv’ or ‘Company’), a company incorporated under India Companies Act, 2013, having its registered office at 208, IJMIMA Tower, Malad West, Mumbai – 400064, Maharashtra, India, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and permitted assigns.


3.  Customer or Account Holder: Individual or organization with a Feltiv Account are the Customers or Account holders. By providing Customers name or Customers organization's name Customers bind itself or the organization (as applicable) to this Agreement. Whether binding an individual or an organization, the person submitting Account Signup information must be at least 18 years old (or, if required by the law where Customers reside, at least whatever older age is required legally to be bound by this Agreement). If Customers identify an organization name, Customers represent Customers have the authority to enter this Agreement on behalf of the organization.

4.  FELTIV SERVICES

4.1.  "End-User Content," as used in this Agreement, refers to the documents, audio & video files, transcripts and any content files that Customers provides for Feltiv Services, together with all related and incidental trademark, data and materials that Customers may provide to us in connection with them.

4.2.  "Feltiv Services" consist of the services identified on https://www.feltiv.com (our "Website") as it may, from time-to-time, be updated. In general:

4.2.1.The Services consist of automated content localisation solution/services to Customers’ End User Content, and may include tools to review and edit content, storage of End-User Content and various files, and related support and management tools, all in accordance with Customers Account.

4.2.2.Feltiv Services may (depending on Customer’s Account, and if purchased by Customers) include related services consisting of human generated output for End-User Content  and editing of our automated computer-generated output.

4.3.  "Feltiv Software" consists of the software we may provide to Customers (such as browser applets and other non-downloadable software), the software we use internally to facilitate Customers use of Feltiv Services, and (if we permit Customers to use it) Feltiv’s application programming interface (API). We license such Feltiv Software to Customers on a non-exclusive, non-assignable, right to use basis solely for Customers internal business operations, and only as an incident to Customers use of Feltiv Services and subject to Customers compliance with the terms and conditions of this Agreement.

 

5.  CONDITION OF PAYMENT. Customers right to Feltiv Services is subject to timely payment, as follows:

5.1.  Our current pricing (as we may update it from time to time) is identified on our website: https://www.feltiv.com/pricing

5.2.  In general (a)     For Individual Accounts, payment is due upon submission of the Customer's request for specific Feltiv Services or upon getting access to Feltiv platform whichever is earlier. Payment should be made using the procedures specified, or by utilizing the credit card information provided by the Customer. (b) for Enterprise Accounts, payments are accepted if made by credit card, cheque, or wire transfer at such times as we agree, but in any event within 1 month of Customers receipt of corresponding Feltiv Services, (c) Customers are responsible for paying all directly related taxes, levies, and duties that may be charged within or outside India, and (d) if a credit card is associated with Customer’s Account, Customers are responsible for updating Customers Account as necessary to contain  .

 

6.  REFUND POLICY

We do not issue refunds. If Customers are unhappy or are facing any issues with the results of content localisation services, please write to us on support@feltiv.com . ANTPL reserves the right to update or modify the Refund Policy at any time without prior notice.

7.  OTHER CONDITIONS. Customers right to Feltiv Services is also subject to the following conditions, each of which is material:

7.1.  Customers will keep their password secure to access Feltiv Services and inform Feltiv support promptly if Customers believe their access may no longer be secure. Customers are responsible for use of the login email addresses associated with Customer’s Account.

7.2.  Customers will use Feltiv Services in accordance with applicable law, which among other things may require Customers to evaluate the legal status in Customer’s jurisdiction of all End-User Content that Customers may upload on Feltiv or provide in connection with them.

7.3.  Customers will not use, copy, modify, or transfer Feltiv software except incident to Customers use of Feltiv Services, in accordance with this Agreement.

7.4.  Customers will not reverse engineer Feltiv Software or otherwise attempt to determine the non-public processes and   of Feltiv Services, and to the extent Customers learn such information by using the services, Customers will not use or disclose it  

 

8.  OWNERSHIP. Customers acknowledge and accept:

8.1.  "Intellectual Property," as used in this Agreement, means such property worldwide as most broadly defined, and includes without limitation copyrights, trademarks and trade  

8.2.  Customers own, and hereby grant to us, all rights and interests to the Intellectual Property in End-User Content (including any rights and consents as may be required from third parties) to the extent necessary for us to provide Feltiv Services to Customers.

8.3.  We own the Intellectual Property to provide Feltiv Services, as follows:

8.3.1.Our trademarks include FELTIV and the Feltiv logo. Customers do not, by reason of this Agreement or otherwise, have permission to use them. Other marks that may appear in connection with Feltiv Services are the property of their respective owners.

8.3.2.We own and reserve the Intellectual Property to Feltiv Software, and to all related confidential processes and databases, except to the extent Customers have rights to them as an incident of using Feltiv Services as provided under this Agreement.

8.4.  In connection with Feltiv Services, we may use of the End-User Content we receive from Customers and from other users of our Feltiv Services, to conduct research and development, and to generate, derive, extract, or abstract data or ideas (referred to as "Abstraction"), and we may indefinitely retain such End-User Content for such purposes.

8.4.1.We solely own such Abstractions and all Intellectual Property in and to them, and may use, license, transfer and disclose them so long as such actions do not disclose Customers identity, or any non-public personally identifiable information contained within End-User Content. For other aspects of our Privacy Policy please visit our privacy policy page at https://www.feltiv.com/privacypolicy

8.4.2.Apart from such Abstractions, and from the rights and interests that Customers grant to us to Customer’s End-User Content to enable us to provide Feltiv Services to Customers (as described above), we waive all right, title and interest in the End-User Content, and to all Intellectual Property (if any) created by reason of Feltiv Services.

8.4.3.You understand and agree that Customer’s End User Content may be viewed by other users from your organization on Feltiv provided you have given them access or by Feltiv support team to provide you support, and that they may be able to see who has posted that End-User Content. 

 

9.  TERMINATION.

9.1.  We may terminate Customer’s access to Feltiv Services without notice upon Customer’s breach of a material condition of this Agreement. We may, within our discretion, provide Customers with an opportunity to cure such breaches.

9.2.  We may terminate Customer’s access to Feltiv Services at our convenience for any reason upon notice to Customers. Such termination may terminate Customer’s continuing access to the End-User Content and related files, outputs, transcriptions, and whatever else Customers received from us through use of Feltiv Services. In the event of such termination, we will endeavour to provide prior notice to Customers and provide a refund for any Feltiv Services that were not provided by reason of the Termination. The failure of us to provide such notice will not be deemed a breach of this Agreement. Termination will not terminate Customer’s liability for any unpaid fees.

9.3.  Customers may terminate this Agreement at any time by providing written notice to us. In the event of such termination, we have the right to terminate access to Customer’s Account; however, such access may not terminate automatically upon Customers notice. Customers waive all rights to any other remedies arising out of such a termination other than a refund (to the extent, if any, we provide refunds under our Refund Policy referred to above).

 

10.  DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES.

10.1.  Customers represent and warrant to us that (a) Customers own all rights and interests to End-User Content to the extent necessary to receive Feltiv Services; and (b) no End-User Content will contain material that is defamatory, malicious, intentionally destructive, or otherwise illegal, or that is otherwise prohibited for use and distribution as contemplated by this Agreement.

10.2.  We represent and warrant to Customers solely for Customers benefit that we have sufficient copyright rights to provide Feltiv Services in accordance with this Agreement, and will provide the support, if any, associated by Customers choice of Account.

10.3.  Apart from the preceding explicit representations and warranties in this Section, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE, INCLUDING AS FOLLOWS:

10.3.1.  Except as explicitly provided above we SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, INCLUDING NON-INFRINGEMENT OF PATENTS. Customers accept and agree these disclaimers are reasonable because, among other reasons, of legal uncertainty regarding when a patent may apply or be enforceable, and the potential for unfair patent enforcement by non-practicing entities; and

10.3.2.  Except as explicitly provided in this Agreement, Feltiv Services and Feltiv Software are otherwise provided "as is" and "as available." We SPECIFICALLY DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and warranties Feltiv Services will be uninterrupted, timely, secure, error-free, accurate or reliable.

10.3.3.  Customers acknowledge that we do not control the transfer of data over communications facilities, including the internet, and that Feltiv Services accordingly may be subject to limitations, delays, and other such problems beyond our control. We will not be responsible for such problems, or any or all damages that may result from them.

 

11.  INDEMNITY. Customers will indemnify and hold us harmless by reason of Customers breach of any representation, warranty, or material condition in this Agreement. Customers indemnification obligations are conditioned upon us providing Customers with prompt written notice of the claim for which indemnity is sought, and reasonable assistance for the defence of the claim.

12.  CUSTOMERS ACCEPT THAT IN NO EVENT AND UNDER NO THEORY FELTIV WILL WE BE LIABLE FOR:

12.1.  Direct damages in excess of the payments that we received from Customers for affected Feltiv Services for the affected period; or

12.2.  INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING ANY BASED UPON RELIANCE, TORT, OR LOSS OF PROFITS), EVEN IF WE ARE ADVISED IN ADVANCE THAT SUCH LOSSES MAY BE POSSIBLE; or

12.3.  Claims caused by gross negligence; or claims arising out of actions (or failure to act) by third parties, including in connection with the transmission of unencrypted End-User Content over third party networks and using third party cloud services.

 

13.  CLASS ACTION WAIVER. To the extent legally permitted Customers agree with us

13.1.  each may bring claims against the other only in our own capacities, and not in any purported "Class" or other representative action, or as a plaintiff in such an action, and

13.2.  no arbitrator or judge may consolidate the claims of parties other than ourselves in any such action.

14.  MISCELLANEOUS.

14.1.  This Agreement is governed by the laws of India, applicable to agreements entered into and fully performed there (but excluding its choice of law provisions), and by applicable federal law. If any provision is held invalid or unenforceable, the applicable court may narrow or otherwise modify them in a manner consistent with the intent of the parties in order for such provision to become valid and enforceable, and all remaining terms and conditions will remain in full force and effect. The exclusive jurisdiction and venue in the event of any disputes will be the state and courts within Mumbai, Maharashtra, India.

14.2.  This Agreement together with the applicable Account type and Pricing (as provided on our website, as they may be updated from time to time) contain our entire agreement (superseding all prior oral and written communications with respect to its subject matter). In the event of any conflict or inconsistency between this Agreement and our Website, this Agreement will control. This Agreement binds the parties and their heirs, successors and assigns, including successors by reason of merger, consolidation, and acquisition. Customers rights to Feltiv Services and Feltiv Software are non-exclusive, non-assignable, not-transferable, not re-sellable and may not be sublicensed, unless such Services or Software are assigned or transferred through a merger, consolidation, or acquisition, in which cases the terms of this Agreement will apply to Customers successor in interest.

14.3.  •The content on the Feltiv website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action based on the content on the website.

14.4.  •Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the website is accurate, complete or up to date. 

14.5.  •We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

14.6.  •We cannot guarantee that the Feltiv Services will . We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the website or Services.

14.7.  All provisions of this Agreement (such as, without limitation, the indemnification and damages limitations) that implicitly survive termination will survive.

14.8.  Customers acknowledge and accept we would be irreparably damaged in the event of any breach (or threatened breach) by Customers related to reverse-engineering Feltiv Software or the confidential aspects of Feltiv Services. Accordingly, we are entitled to specific enforcement of the applicable Sections of this Agreement without bond, other security or proof of damages, and to an injunction and other appropriate equitable remedies in addition to such other remedies as we may have.