Welcome to localistars (.com / .io) an internet platform ("website") owned and operated by inweso GmbH, a Switzerland corporation (“localistars”,” "we," "our", or "us"). In order to use our service including the localistars.app webapplication, API (“service”), you must agree to these terms of service (“terms” or “agreement”) which govern your access to and use of our website and service. These terms contain many legal disclosures that you should read carefully.

These terms are a legally binding contract between you and localistars. By using the service, you agree to be bound by these terms and that you are not barred under any applicable law from entering into this agreement. If you are using the service on behalf of an organization, you are agreeing to these terms for that organization and you represent that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

localistars reserves the right to update and change the terms of service from time to time. We will inform you by email and inside the application upon such changes. 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://localistars.com/terms

1 Overview / General terms

1.1 localistars is a website providing certain services and multi-purpose translation tools.

1.2 “Customer Content” means any data that Customer loads or enters into the service, or is otherwise accessed, stored, used, transmitted, or processed by Customer through the service, and all compilations and derivative works of such data.

1.3 We may change the service over time as we refine and add more features or may need to stop, suspend, or modify the services, content or features. Features may be removed as we see those were not used any longer by our customers or we offer better replacement options for them. We may also remove any Customer Content from our service at our discretion with ten (10) days prior notice to Customer.

2 Availability of the localistars service

2.1 You understand and acknowledge that there may be interruptions in service both within and outside of our control. While we use reasonable efforts to keep the service accessible, the service may be unavailable for any reason including, without limitation, routine maintenance. Planned downtimes with expected durations longer than 30min will be announced upfront on the website.

2.2 You understand and acknowledge that due to circumstances both within and outside of our control, access to the service may be interrupted, suspended or terminated. We retain the right at our sole discretion to deny service, or access to the service to anyone or an account, at any time and for any reason. If reasonable and possible we will inform you upfront and search for solutions not having to take that steps.

2.3 We will not be liable for any loss or damage that you may incur as a result of some sort of unavailability in connection with the service.

3 Registration

You are required to register with localistars if you want to use our service. You are solely responsible for your conduct, all Customer Content, and your communications with others while using the service. You are also solely responsible for any and all activities that occur under your account.

4 License to use and access the service

4.1 Subject to these terms and any additional terms and conditions you may agree to with us, localistars grants you a limited, revocable, non-transferable and non-exclusive license to use the service.

4.2 These terms do not grant you any title or interest in the services, content, software or other intellectual property rights in or available through the service. Nothing in this agreement and/or in granting the License shall constitutes a waiver of our Intellectual Property under any law.

4.3 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.

4.4 Any use of the service that constitutes abuse shall be determined by localistars, in its sole discretion, and we reserve the right to terminate your account if we determine you have not complied with these terms.

5 Proprietary Rights and Protection of Customer Data

5.1 These terms do not grant you any title or interest in the service, software or other Intellectual Property rights in or available through the service. You may choose to or we may invite you to submit comments or ideas about the service, including without limitation about how to improve the service or our products (“ideas”). By submitting any idea, you agree that your disclosure is gratuitous, voluntarily and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

5.2 The localistars name and logo are the intellectual property of localistars. These terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features.

5.3 Customer shall own all right, title and interest in and to all of the Customer Data (any data processed by Customer or its authorized users in the course of Customer’s use of the service). Customer grants to localistars sufficient rights to use the Customer Data solely in order to provide the service to Customer and for no other purpose. localistars will inform the Customer and obtain consent of Customer if localistars wants to use Customer Data for other purposes.

5.4 localistars shall implement and maintain at all times the appropriate technical and organizational security measures to protect Customer Data against unauthorized access to, or unauthorized alteration, disclosure, destruction of, or processing and against all other unlawful forms of processing, and that such security measures shall comply with industry best practices.

5.5 localistars may be given access to Customer’s confidential information in order to perform its obligations under this Agreement. localistars shall hold Customer’s confidential information in confidence and shall maintain the confidentiality of such information using at least the same degree of care as it employs to safeguard its own confidential information, but no less than reasonable care. localistars shall not make Customer’s confidential information available to any third party, with the exception of third parties which we involve in the fulfilment of the contract, and shall not use Customer’s confidential information for any purpose other than to provide the service to Customer.

5.6. Data Protection

5.6.1. These Service Terms incorporate the localistars GDPR Data Processing Addendum (“DPA”), when the GDPR or FADP applies to your use of the localistars Services to process Customer Data (as defined in the DPA).

5.6.2. These Service Terms incorporate the localistars CCPA Terms (“CCPA Terms”), when the CCPA applies to your use of the localistars Services to process Personal Information (as defined in the CCPA Terms).

6 localistars accounts

This section discusses what you must agree to before using localistars and the different types of accounts that can be created, as detailed below.

6.1 Registration and acceptance

By registering for an account to use localistars (an “Account”), or by using localistars after the effective date if you had an Account on the effective date, you agree to abide by this Agreement and the Terms of Service.

To access and use certain services of localistars, you must register for an Account. Subject to the Terms of Service, certain portions of the Site are available to Site Visitors, including those portions before your Account registration is accepted. localistars reserves the right to decline a registration to join localistars or to add an Account type as a Consumer or Creator, including but not limited to reasons of supply and demand, cost to maintain data, or other business considerations.

If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company.

6.2 Account Eligibility

localistars offers the Site and Site Services for your business purposes only and not for personal, household, or consumer use. To register for an Account or use the Site and Site Services, you must, and hereby represent that you (a) have or are an employee or agent of and authorized to act for an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation, limited liability company, or other entity); (b) will use the Site and Site Services for business purposes only; (c) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and the provision of Freelance Services; and (d) a legal entity or an individual 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) who can form legally binding contracts.

6.3 Account Profile

To register for an Account to join localistars, you must complete a User profile (“Profile”). With the registration you agree that your Profile will be shown to other registered users. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on localistars or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.

Should localistar determine a breach of this provision, we reserve the right to revoke the privileges of the Account or access to or use of localistars, and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.

6.4 Account Types

As described in this Section, there are a number of different Account types. Once you register for one Account type, you can choose "consumer" or "creator". You agree not to have or register for more than one Account without express written permission from localistars.

6.4.1 Consumer Account

You can register for an Account or add an Account type to use localistars as a conusmer (a ”Consumer Account”). For the purpose of searching for or using Freelance or Professional Services is a “Consumer” for purposes of the Terms of Service. You can create an organization. Each User under a Consumer Organization Account (“Team Member”) can be given different permissions to act on behalf of the Consumer Organisation Account.

6.4.2 Creator Account

You can register for an Account or add an Account type to use localistars as a creator (a ”Creator Account”). You can create an organization. This can be a freelancer, an agency, a self-employed individual/sole proprietor or as a corporation, limited liability company, or other entity. Each User under a Creator Organization Account (”Agency Member”) can be given different permissions to act on behalf of the Creator Organisation Account. You acknowledge and agree that the Agency is solely responsible, and assumes all liability, for (a) the classification of your Agency Members as employees or independent contractors; and (b) paying your Agency Members in accordance with applicable law for work performed on behalf of the Agency for projects. You further acknowledge and agree that (i) the Agency may determine the Profile visibility and pricing/rate information of any of its Agency Members, and (ii) Agency Members’ Profiles and Company may display work history that includes work done under the Agency Account, including after the Agency Member is no longer an Agency Member.

6.5 Account Permissions

You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business. By granting other Users permissions under your Account, including as a Team Member or Agency Member, you represent and warrant that (a) the User is authorized to act on your behalf, (b) you are financially responsible for the User’s actions taken in accordance with those permissions, including, if applicable, entering into binding contracts on behalf of the owner of the Account, and (c) you are fully responsible and liable for any action of any User to whom you have provided any permissions and any other person who uses the Account, including making payments and entering into Service Contracts and the Terms of Service. If any such User violates the Terms of Service, it may affect your ability to use the Site, respectively your Account. Upon closure of an Account, localistars may close any or all related Accounts.

6.6 Identity and location verification

When you register for an Account and from time to time thereafter, your Account may be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on localistars. You authorize localistars, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents.

6.7 Usernames and Passwords

When you register for an Account, you will be asked to choose a email, username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize localistars to assume that any person using localistars with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of localistars if (a) you are not authorized to use either or (b) the use would violate the Terms of Service.

7 Purpose of localistars

This section discusses what localistars does and does not do when providing the Site and Site Services and some of your responsibilities when using localistars to find or enter into a Service Contract with a Creator or Consumer, as detailed below.

localistars is a marketplace where Consumers and Creators can identify each other and advertise, buy, and sell Services provided by Creators (Creator Services) online. Subject to the Terms of Service, localistars provides the Site Services to Users, including hosting and maintaining the Site, facilitating the formation of Service Contracts. When a User enters a Service Contract, the User is obliged to use localistars to invoice and pay any amounts owed under the Service Contract.

7.1 Relation with localistars

localistars merely makes the Site and Site Services available to enable Creators and Consumers to find and transact directly with each other. localistars does not introduce Creators to Consumers, find projects for Creators, or find Creators for Consumers. Through localistars, Creators may be notified of Consumers that may be seeking the services they offer; at all times, however, Users are responsible for evaluating and determining the suitability of any project, Consumer or Creator on their own. If Users decide to enter into a Service Contract, the Service Contract is directly between the Users and localistars is not a party to that Service Contract.

You acknowledge, agree, and understand that localistars is not a party to the relationship or any dealings between Consumer and Creator. Without limitation, Users are solely responsible for (a) ensuring the accuracy and legality of any User Content, (b) determining the suitability of other Users for a Service Contract (such as any interviews, vetting, background checks, or similar actions), (c) negotiating, agreeing to, and executing any terms or conditions of Service Contracts, (d) performing Creator Services, or (e) paying for Service Contracts or Creator Services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Contract with another User and for verifying any information about another User. localistars a) does not make any representations about or guarantee the truth or accuracy of any Creator’s or Consumer’s listings or other User Content on the Site, since the information is provided by Creator or Consumer themselves; b) does not verify any information or feedback provided by Users about Creators or Consumers; and c) does not vet or otherwise perform background checks on Creators or Consumers. You acknowledge, agree, and understand that localistars does not, in any way, supervise, direct, control, or evaluate Creators or their work and is not responsible for any project, Project terms or Work Product. localistars makes no representations about and does not guarantee, and you agree not to hold localistars responsible for, the quality, safety, or legality of Creator Services; the qualifications, background, or identities of Users; the ability of Creators to deliver Creator Services; the ability of Consumers to pay for Creator Services; User Content, statements or posts made by Users; or the ability or willingness of a Consumer or Creator to actually complete a transaction.

You also acknowledge, agree, and understand that Creators are solely responsible for determining, and have the sole right to determine, which Projects to accept; the time, place, manner, and means of providing any Creator Services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set. You further acknowledge, agree, and understand that: (i) the registered Creators are not employees of localistars, but independent from us, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) localistars will not have any liability or obligations under or related to Service Contracts and/or Creator Services for any acts or omissions by you or other Users; (iii) localistars does not, in any way, supervise, direct, or control any Creator or Creator Services; does not impose quality standards or a deadline for completion of any Creator Services; and does not dictate the performance, methods or process Creator uses to perform services; (iv) Creator is free to determine when and if to perform Creator Services, including the days worked and time periods of work, and localistars does not set or have any control over Creator’s pricing, work hours, work schedules, or work location, nor is localistars involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Creator for a Project; (v) Creator will be paid at such times and amounts as agreed with a Consumer in a given Service Contract, and localistars does not, in any way, provide or guarantee Creator a regular salary or any minimum, regular payment; (vi) localistars does not provide Creators with training or any equipment, labor, tools, or materials related to any Service Contract; and (vii) localistars does not provide the premises at which Creators will perform the work. Creators are free to use subcontractors or employees to perform Creator Services and may delegate work on fixed-price contracts or by agreeing with their Consumers to have hourly contracts for Creator’s subcontractor(s) or employee(s). If a Creator uses subcontractors or employees, Creator further agrees and acknowledges that this paragraph applies to localistars’s relationship, if any, with Creator’s subcontractors and employees as well and Creator is solely responsible for Creator’s subcontractors and employees.

Without limiting the foregoing paragraph, if you are an Agency or Agency Member, you expressly acknowledge, agree, and understand that: (1) the Agency is solely responsible for paying its Agency Members for work performed on behalf of the Agency and that such payments will not be made through the Site; (2) localistars is not a party to any agreement between the Agency and its Agency Members and does not have any liability or obligations under or related to any such agreement, even if the Agency or Agency Member defaults; (3) neither Agencies nor Agency Members are employees or agents of localistars; (4) localistars does not, in any way, supervise, direct, or control the Agency or Agency Members; (5) localistars does not set Agencies’ or Agency Members’ contract terms amongst themselves or with Consumers (including determining whether the contract will be hourly or fixed price), fees, pricing, work hours, work schedules, or location of work; (6) localistars does not provide Agencies or Agency Members with training or any equipment, labor, tools, or materials needed for any Service Contract; (7) localistars does not provide the premises at which the Agency or Agency Members will perform the work; and (8) localistars makes no representations as to the reliability, capability, or qualifications of any Agency or Agency Member or the ability or willingness of any Agency to make payments to or fulfill any other obligations to Agency Members, and localistars disclaims any and all liability relating thereto.

Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose, provided, if applicable, Users comply with the Opt Out provisions described in Section 11. Users are free at all times to engage in such other business activities and services and are encouraged to do so.

7.2 Taxes and Benefits

Creator acknowledges and agrees that Creator is solely responsible (a) for all tax liability associated with payments received from Creator’s Consumers and through localistars, and that localistars will not withhold any taxes from payments to Creator; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Creator is not covered by or eligible for any insurance from localistars; (c) for determining whether Creator is required by applicable law to issue any particular invoices for the Creator Fees and for issuing any invoices so required; (d) for determining whether Creator is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Creator Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if outside of Switzerland, for determining if localistars is required by applicable law to withhold any amount of the Creator Fees and for notifying localistars of any such requirement and indemnifying localistars for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of localistars, Creator agrees to promptly cooperate with localistars and provide copies of Creator’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Creator is engaging in an independent business as represented to localistars.

8 Contractual relationship between Consumer and Creator

This section discusses the relationship you may decide to enter into with another User, including Service Contracts between Users, as detailed below.

8.1 Service Contracts

If a Consumer and Creator decide to enter into a Service Contract, the Service Contract is a contractual relationship directly between the Consumer and Creator. Consumer and Creaetor have complete discretion both with regard to whether to enter into a Service Contract with each other and with regard to the terms of any Service Contract. You acknowledge, agree, and understand that localistars is not a party to any Service Contract, that the formation of a Service Contract between Users will not, under any circumstance, create an employment or other service relationship between localistars and any Creator or a partnership or joint venture between localistars and any User.

With respect to any Service Contract, Consumers and Creators may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.) provided that any such agreements do not conflict with, narrow, or expand localistars’s rights and obligations under the Terms of Service, under the Terms of Service.

8.2 Confidential information

Users may agree to any terms they deem appropriate with respect to confidentiality. If and to the extent that the Users do not articulate any different agreement, then they agree that this Section 8.3 (Confidentiality) applies.

To the extent a User provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a User’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.

8.3 Third-party beneficiaries

It is the intent of the Parties to this Agreement that Users who have entered into Service Contracts or disclosed or received Confidential Information to another User are third-party beneficiaries of this Agreement with respect to this Section 8 only.

9 No qualification as worker

Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between localistars and a User.

Consumer is solely responsible for and has complete discretion with regard to selection of any Creator for any Project. Consumer is solely responsible, warrants its decisions regarding classification are correct, and assumes all liability, for determining whether Creators should be engaged as independent contractors or employees of Consumer and engaging them accordingly; localistars will have no input into, or involvement in, worker classification as between Consumer and Creator and Users agree that localistars has no involvement in and will have no liability arising from or relating to the classification of a Creator generally or with regard to a particular Project.

10 localistars fees

This section describes what fees you agree to pay to localistars in exchange for localistars providing the Site and Site Services to you and what taxes localistars may collect, as detailed below.

10.1 Service fees for Creators

Creators pay localistars a Service Fee for the use of the Site Services. localistars charges service fees to Creators, for using the Site Services, including the communication, invoicing, reporting and payment services, etc. The Service Fees (to use the Site Services) are paid solely by Creators. When a Consumer pays a Creator for a Project or when funds related to a Project are otherwise released to a Creator, localistars will credit the Creator Account for the full amount paid or released by the Consumer, and then subtract and disburse to localistars the Service Fee. Creator hereby irrevocably authorizes and instructs localistars to deduct the Service Fee from the Creator Account and pay localistars on Creator’s behalf. In the event the Creator chooses to withdraw funds, there may also be a currency conversion charge imposed by localistars or an affiliate and the rate may differ from rates that are in effect on the date of the payment and you may be able to obtain a better rate from your bank or financial institution. In addition to fees charged by localistars, your disbursement method may also charge activation, maintenance, or other account fees.

10.2 VAT and other taxes

localistars may be required by applicable law to collect taxes or levies including, without limitation, withholding income tax or VAT (while some countries may refer to VAT using other terms, e.g. GST, we’ll just refer to VAT, GST and any local sales taxes collectively as “VAT”) in the jurisdiction of the Freelancer (the "Taxes"). In such instances, any amounts localistars is required to collect or withhold for the payment of any such Taxes shall be collected in addition to the fees owed to localistars under the Terms of Service.

11 Non-Circumvention

This section discusses your agreement to make and receive payments only through localistars for two years from the date you first meet your Consumer or Creator on the Site, unless you pay an Opt-Out-Fee, as detailed below.

11.1 Making payments through localistars

You acknowledge and agree that a substantial portion of the compensation localistars receives for making the Site available to you is collected through the Service Fee described in Section 10.1. localistars only receives this Service Fee when a Consumer and a Creator pay and receive payment through the Site. Therefore, for 24 months from the time you identify or are identified by any party through the Site (the “Non-Circumvention Period”), you agree to use the Site as your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party (the localistars Relationship”). For the avoidance of doubt, if you, or the business you represent, did not identify and were not identified by another party through the Site, such as if you and another User worked together before meeting on the Site, then the Non-Circumvention Period does not apply. If you use the Site as an employee, agent, or representative of another business, then the Non-Circumvention Period applies to you and other employees, agents, or representatives of the business when acting in that capacity with respect to the other User.

Except if you pay the Opt-Out Fee (see Section 11.2), you agree not to circumvent the Payment Methods offered by the Site. By way of illustration and not in limitation of the foregoing, you agree not to:

• Submit proposals or solicit parties identified through the Site to contract, hire, work with, or pay outside the Site.
• Accept proposals or solicit parties identified through the Site to contract, invoice, or receive payment outside the Site.
• Invoice or report on the Site or in an Opt-Out Fee request an invoice or payment amount lower than that actually agreed between Users.
• Refer a User you identified on the Site to a third-party who is not a User of the Site for purposes of making or receiving payments off the Site.

You agree to notify localistars immediately if a person suggests to you making or receiving payments outside of the Site in violation of this Section 11.1. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to localistars by sending an email message to: [email protected].

If you refuse to accept any new version of the Terms of Service or elect not to comply with certain conditions of using the Site, such as minimum rates supported on the Site, and therefore choose to cease using the Site, you may pay the Opt-Out Fee for each other User you wish to continue working with on whatever terms you agree after you cease using the Site.

11.2 Opting out

You may opt-out of the obligation in Section 11.1 with respect to each localistars Relationship only if the Consumer or prospective Consumer or Creator pays localistars an opt-out fee for each such relationship (the “Opt-Out Fee”).

The Opt-Out Fee is computed as follows:

(a) interest at the rate of 18% per annum or the maximum rate permitted by applicable law, whichever is less, on the amount calculated in (b), from the date Consumer first makes payment to the subject Creator until the date the Opt-Out Fee is paid; and

(b) the greater of:

(i) $3,500; or

(ii) 25% of the anticipated annualized salary or wages for one year if the Consumer offers Creator employment directly; or

(iii) all Service Fees that would be earned by localistars from the localistars Relationship during the Non-Circumvention Period, computed based on the annualized amount earned by Creator from Consumer during the most recent normalized 8-week period, or during such shorter period as data is available to localistars;

(iv) provided, however, that if the amount in (ii) and (iii) cannot be ascertained due to uncertainty or lack of sufficient information, then localistars and you agree that fee shall be USD $3,500; if only one of (ii) or (iii) can be ascertained, then localistars and you agree that amount shall be used if it is greater than USD $3,500.

To pay the Opt-Out Fee, you must request instructions by sending an email message to [email protected].

If localistars determines, in its sole discretion, that you have violated Section 11, localistars or its Affiliates may, to the maximum extent permitted by law (x) charge your Payment Method the Opt-Out Fee (including interest) if permitted by law or send you an invoice for the Opt-Out Fee (including interest), which you agree to pay within 30 days, (y) close your Account and revoke your authorization to use the Site and Site Services, and/or (z) charge you for all losses and costs (including any and all time of localistars’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees.

12 Third Party Providers

We may connect you to third party providers using the Creator Accounts API to provide their services. localistars does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party provider.

13 Disclaimer of Warranties/Limitation of Liability

13.1 localistars represents and warrants to Customer that it: (i) owns all right, title and interest, or possesses sufficient license rights, in and to the service as may be necessary to grant the rights and licenses, and provide the service, and for Customer to use the service, as set forth herein; (ii) the service does not and will not infringe, violate or misappropriate any intellectual property rights of any third party; and (iii) localistars shall comply with all laws, rules and regulations applicable to its activities in connection with this Terms and the provision of the service.

13.2 EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE MAKE NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY MATTER ARISING UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, SOFTWARE SERVICES, PROFESSIONAL TRANSLATION SERVICES, COMMUNITY TRANSLATION SERVICES AND MACHINE TRANSLATION SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOU ACKNOWLEDGE THAT WE DO NOT WARRANT ACCESS TO THE TRANSLATED WEBSITES AND TRANSLATED CONTENT WILL BE UNINTERRUPTED, WITHOUT DEFECT AND ERROR, ABSOLUTELY SECURE, OR WITHOUT INFILTRATION OR COMPROMISE OF SECURITY SYSTEMS.

13.3 localistars specifically disclaims any liability with regard to any actions resulting solely from your use of or participation in the service or directly resulting from Customer Content. Any content downloaded arising from the service, made available or otherwise obtained through use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download. We assume no liability for any computer virus or similar code that is downloaded to your computer.

13.4 We make no representations or warranties whatsoever about, and shall not be liable for, any third parties, their contents or services. Any dealings that you may have with such third parties are at your own risk.

13.5 We will not be liable for any loss that you may incur as a result of someone else using your password or account or account information in connection with the service, either with or without your knowledge.

13.6 You hereby indemnify and agree to protect, defend, save and hold localistars, its officers, directors, employees, agents, representatives and vendors harmless from and against any and all claims, losses, damages, liabilities and expenses of whatever nature (including attorney’s fees), that are incurred or asserted by any party as a result of Customer’s use of the service.

14 GOVERNING LAW AND JURISDICTION

14.1 This Agreement is governed by Swiss law.

14.2 Any dispute arising out of or in connection with this Agreement, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of Zurich, subject to possible appeal to the Swiss Federal Supreme Court in Lausanne.

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15 Change log

01/07/2020

• terms of service instigated

09/09/2020

• added specific section for Data Protection

11/04/2023

• preparation for the upcoming FADP update