Across Systems GmbH - Terms of Use of crossMarket

Revision 10/2016 - Version: 1.4
© Across Systems GmbH

Terms of Registration, Use, and Participation in "crossMarket"

1. Provider, Definition of the Service Scope and Applicability of the Terms of Use

1.1 The "crossMarket" network is operated by Across Systems GmbH, Im Stoeckmaedle 13, D-76307 Karlsbad, Germany (hereinafter referred to as "Provider" or "ACROSS") under the domain at www.crossmarket.net and/or other domains, subdomains, and possibly mobile applications (apps etc.).

1.2 The "crossMarket" network is an interactive web platform for the management of the licenses of the software of ACROSS as well as other third-party services including but not limited to the placement of translation services and the networking of the industry (industry account), language service providers (LSP account), and freelancer translators (freelancer account) as well as students (student account) for the purpose of establishing new contacts and interchange (hereinafter, "crossMarket" in its entirety is also referred to as "Platform" or "Network", regardless of the transmission route through which it is used). In particular, the Platform has an interface to the Provider's leading software application "Across Language Server", which enables language service providers and translators to be displayed in the respective software modules when placing orders (hereinafter, the interfaces to the "Across Language Server", the function scope of the respective account type, and the "crossMarket" Platform in their entirety are also referred to as "Service").

1.3 These Terms of Use apply to all users of the Platform, no matter whether they are users of an industry account, an LSP account, or a freelancer account (hereinafter also collectively referred to as "User(s)"), unless distinction between the different accounts is expressly made in these Terms of Use. These Terms of Use regulate the usage relationship between the Provider and Users as well as the relationship among the individual Users.

1.4 Upon registration, at the latest upon commencement of the use of the Platform, the User agrees to the exclusive applicability of these Terms of Use.

1.5 The latest version of the Terms of Use as of the time of registration shall apply, which can also be viewed and printed out at all times on the Platform.

1.6 With respect to the use of individual applications and services associated with the "crossMarket" Network, special terms may apply in addition/as a supplement to these Terms of Use. The applicability of such will be made reference to in advance within the scope of these separate applications. Unless otherwise regulated in the individual case, such special terms shall have precedence over these general terms in the event of contradictions.

1.7 The Provider does not conclude any contracts with consumers (Section13 of the German Civil Code (BGB)). Only businesspeople/entrepreneurs qualify as contracting parties to the contracts and business relationships underlying these Terms of Use (Section14 of the German Civil Code (BGB)). By registering, the User assures that he acts as an entrepreneur in the meaning of Section14 of the German Civil Code (BGB), i.e. that he acts in exercise of his business or self-employed occupation. The Provider may request evidence of the property as entrepreneur in the form of documents (commercial register excerpt, business registration, etc.).

2. Subject Matter / Services / Functions / Availability

2.1 The Provider grants the User access to the Platform (generally also referred to as "account" in these Terms of Use). Industry customers and language service providers who use the Provider's software receive an account (industry account or LSP account) automatically or upon request. To gain access to the Platform, freelance translators can register for a freelancer account, and students who furnish due evidence can register for a student account. The Platform enables operations such as creating and maintaining an informative profile (hereinafter also referred to as "user profile") (also for advertising purposes), posting and searching for translation jobs, searching for other translators, industry customers, and language service providers who are also registered with the Platform for the purpose of placing orders, and contacting, networking, and communicating with other Users under the profile.

2.2 Registration and use of the Platform is always free of charge for industry customers. For other Users, the basic account is free of charge. The premium account is subject to charges. The service scope depends on the account type. The differences between the two account types are presented in detail on the Provider's website at www.across.net and further below in these Terms of Use. As a matter of principle, the Provider may expand the use of the Platform - including the basic account - with additional chargeable functions or convert free functions to chargeable offers. Use of such chargeable additional functions is always optional for the User.

2.3 The possibility to use the Service does not represent an offer, but merely an invitation to submit an offer. By completing the booking process, the User submits an offer for conclusion of a contract for the use of the respective service (Network, software). The Provider accepts the User's offer by providing the respective services. The contract between the User and the Provider comes into existence only when this acceptance takes place. The Provider is under no obligation to conclude a contract. When using chargeable services, the User accepts the associated payment obligation by clicking the button labeled accordingly.

2.4 The Platform is not an archive system for files and contents of the User. Therefore, the Provider does not accept any liability and does not provide any guarantee for the accessibility, security, and storage of the uploaded and published contents. The User alone is responsible for backing up the data that he uploads to the Platform.

2.5 The Provider reserves the right to remove, delete, or block certain submissions, media, etc. at any time even without prior notice, especially if third parties legitimately request the Provider to do so or if unlawful contents are positively identified.

2.6 The User cannot demand the continued existence or future establishment of certain functions and usage options. The various usage options may be modified (i.e. expanded or discontinued) at any time without prior notice, unless this would be unacceptable to the user. This applies especially in cases in which the modification is necessary for statutory/legal reasons, if the modification fixes a vulnerability, or if the modification does not noticeably impair the User or is only beneficial. In the case of chargeable functions for which the User paid a fee in advance, the Provider may announce the discontinuation of the functionality with due advance notice. In this case, any excess fees paid by the User will be refunded.

2.7 For the use of the Platform, the Provider does not guarantee any particular availability. The Provider endeavors to enable maximum availability within his sphere of influence. However, the User is aware that constant availability cannot be guaranteed, especially as maintenance work needs to be done from time to time and because the operability and availability of the Internet are outside the Provider's reach. The installation of updates and other maintenance work usually takes place on the first Saturday of every month from 1000 to 1300 hours (CET/CEST). Extraordinary updates are usually announced three days in advance, unless a case as described in section 2.8 or another emergency is on hand that makes it impossible to comply with the notice period.

2.8 The Provider may limit the access to the services at any time if the security of the network operation, the preservation of the network integrity, or especially the avoidance of serious malfunction of the network, software, or stored data require this and a consideration of these requirements reveals that the legitimate interests of the Users prevail.

2.9 The Provider does not assume any responsibility for the contents, data, and/or information provided by the Users or for contents of linked external websites. In particular, the Provider does not guarantee that these contents are true, that they fulfill a certain purpose, or that they could be useful for such a purpose.

2.10 The Provider merely makes a Platform available to the user. The Provider does not participate in the communication among the Users and does not play any other role in the contractual or other relationships among the Users. Insofar as the Users conclude contracts among themselves via the Platform, the Provider is in no way involved in these and therefore does not become a contractual party. The Users alone are responsible for the handling and performance of the contracts they conclude among themselves. Therefore, the Provider does not accept any liability for the Users' breaches of obligations under the contracts concluded between the Users.

3. Platform / Account Types / Connection to the "Across Translator Edition"

3.1 The Platform is primarily a social network that is focused on translation services. Apart from this, the Platform has a direct interface/connection to the "Across Language Server", the Provider's translation management software.

3.2 Basically, there are three types of accounts:

  • Industry account for companies that commission translations
  • LSP account for language service providers who order and supply translations
  • Freelancer account for freelance translators looking for translation jobs
  • Student account for users who are currently studying at university.

3.3 ACROSS sets up the industry account automatically or at the request of the industry customer. By way of the account, the industry customer can post translation requests, find translation offers, get detailed information about language service providers or freelancers, and contact language service providers and/or freelancers.

3.4 The LSP Account enables language service providers to introduce themselves to industry customers via the Across Language Server and to present themselves to such customers on the Platform and directly contact them. Via the Platform, the LSP can also search for and find new freelance translators and contact them directly.

3.5 LSP and freelancer accounts are available in a basic variant and a premium variant. By registering, the User (language service provider or freelancer) first gains free-of-charge membership in the basic variant (basic account) of this social network, along with the option to upgrade to the chargeable premium account at any time. As a matter of principle, the basic account is fully operable, but is restricted/limited in its type and scope. The premium account allows unrestricted use of the advanced functions. The User can review the exact function scope of the individual accounts on the Internet at www.crossmarket.net/language-service-providers and www.crossmarket.net/translators.

3.6 Moreover, freelancers are offered the "Across Translator Edition" software in a free version (basic, with limited functionality) and a chargeable version (premium, with full functionality), depending on their account type. Both versions enable freelancers to connect to the Across Language Server. For this, the operator of the Across Language Server (industry/LSP customer) needs to give the User a valid license key (softkey). For the User, the Across Translator Premium Edition provides the maximum benefit of the Platform, as it enables him to accept and process an unlimited number of orders from an unlimited number of different customers (Language Servers) and to easily administer and process current or finished projects. Additionally, the payable version enables the manual creation and processing of an unlimited number of customers and projects. Further information on the software is available on the Provider's website at www.across.net.

3.6a The student account enables the free use of the premium version of the Across Translator Edition (ATE) software and the use of crossMarket with limited functionality (see http://www.crossmarket.net/en/features-pricing/students/). Until the verification of the student status by ACROSS, crossMarket and ATE can be used in the basic version. ACROSS reserves the right to restrict or fully terminate the free use for individual or all users, even without prior announcement. The student account is only available for users who are currently studying at university. Due evidence shall be furnished during the registration. New evidence of the continuation of the status shall be furnished every six months. To renew the status, new evidence must be furnished within three weeks after being requested to do so by ACROSS. Otherwise, the account will be reset to a "basic account". ACROSS is free to decide which evidence will be requested or accepted and whether the furnished evidence is sufficient. After the end of the studies, the account can continue to be used as a free basic account, or a premium account can be ordered against payment. If no evidence is furnished or if the evidence is insufficient, ACROSS may block or fully delete the account. In the event of abuse, the account will be blocked without delay, and ACROSS may retroactively charge the user for the normal fees for the term of the use. Furthermore, ACROSS expressly reserves the right to assert damages in the event of abuse and to file criminal charges.

3.7 If the Provider enables the User to book one or several additional services of third-party providers free of charge or subject to charges, separate contracts will come into existence between the User and the respective third-party provider apart from these Terms of Use. In particular, the modification, discontinuation, termination, or exchange of the external services or any faulty performance in the relationship between the User and third-party provider shall have no influence on the contractual relationship between the Provider and the User for the use of the Platform and/or the software. Additional services of third-party providers shall be governed by the terms and conditions and privacy policies of the respective third-party providers, who are the contracting partners and contacts of the Users.

4. Registration / Profile Data / Authorized Users / Password

4.1 To be able to use the Platform and view contents, the User must first register.

4.2 The User assures that all data specified by him are true and complete. The User assures that he has not provided any misleading information and that he has used his real name. The User undertakes to make sure that the data remain true and complete throughout the contract term. In case the Provider manually changes data of the User on behalf of the User, the Provider reserves the right to bill the User for any costs the Provider may incur in this regard to the extent to which the User is responsible for the event that triggered the costs.

4.3 The Provider cannot be demanded to enable the registration and use. Only natural persons who are of age and fully legally competent, who operate as entrepreneurs or companies represented by an authorized representative (Section14 of the German Civil Code (BGB)) are authorized to use the Platform. Upon registration, the User confirms that he fulfills these conditions and shall upon request furnish evidence of these to the Provider.

4.4 During the registration, the User is required to determine a password. The password must fulfill the requirements for a secure password (the Provider recommends using at least eight characters, at least one uppercase letter, one lowercase letter, and a number).

4.5 The User shall keep the password selected by him secret, shall not share it with any third parties, and shall only use if for the login. Except for the password query during the login, the Provider will never ask the User for the password. For security reasons and to prevent misuse, the User is advised to change his password regularly. The User alone shall be responsible for duly protecting the login details.

5. Account

5.1 Upon registration, the User receives an account, i.e. the possibility to use the Platform. The account comprises the non-exclusive, non-transferable right ‒ subject to revocation at any time ‒ to use the Platform within the scope of its availability.

5.2 The Provider may delete accounts if the specified data provably turn out to be untrue or in the case of legitimate suspicion that individual details are untrue, and the User cannot disprove this suspicion without delay after being requested to do so by the Provider.

5.3 The crossMarket account may only be used and operated by the registered account holder (freelancer, LSP, company) associated with this account. Sharing of the account or of the login details or transfer of the account to someone else, to another company etc. is prohibited. Use of an account by several users or keeping of several accounts by a single user is not permitted. In the event of a breach, the Provider may promptly block/delete the account(s). The principle that applies to freelancer accounts is: one account - one User.

6. Reporting and Rating of Other Users

6.1 If necessary, certain buttons can be clicked to report User profiles as "suspicious" and messages of Users as "spam" etc. to ACROSS. The Users undertake to submit such reports to the best of their knowledge and only in the event of reasonable suspicion.

6.2 Other users can be rated and recommended. This shall be limited to the rating of the professional/order-specific services of the rated party and shall only comprise true facts and permissible opinions. Untrue portrayals, distortion of the actual events, or insulting, abusive, or slanderous statements are prohibited. In cases of doubt, the rating party must, at the request of ACROSS, substantiate the rating.

6.3 The User declares his express consent that ACROSS may review the content of a reported "suspicious" or disputed message in order to check whether the report is legitimate and take any needed measures.

6.4 Apart from this, the points specified below for published contents shall apply analogously.

7. Published Contents

7.1 The User alone is responsible for all contents he publishes. The User undertakes to comply with applicable law.

7.2 The User is aware and agrees that as a matter of principle, all contents voluntarily published by him may be viewed by all other Users.

7.3 The User undertakes to protect the rights of third parties, especially their personality rights as well as all property rights, such as rights of use, ancillary copyrights, and utilization rights (copyrights, trademarks, patents, utility models, registered designs, etc.). The User shall also refrain from any and all actions prohibited under competition law.

7.4 Insofar as the User publishes images, texts, videos, and similar material, he assures that he either holds the rights required for this (e.g. he has personally written the text or taken the picture) or has at least obtained the required approval of the respective holder of the rights (e.g. from the author of the text, the photographer of the picture, the depicted persons).

7.5 The User undertakes to use only profile photographs on which he is clearly recognizable. Use of other photographs as profile photographs is prohibited.

7.6 The User undertakes not to publish any contents whatsoever of a pornographic, unethical, or illegal nature. This includes but is not limited to right or left-wing extremist, offensive, degrading, insulting, immoral, and slanderous contents, contents that endanger minors and that glorify violence, and other comparable contents. The same applies to links to such or comparable contents or other support or promotion of such.

7.7 Contents legitimately suspected of being in violation of third-party rights may be immediately corrected, blocked, or deleted at any time by the Provider without prior consultation.

7.8 It is prohibited to bother other Users in an unacceptable way, especially in the form of unsolicited advertising, i.e. advertising contacts that take place without the express approval and without the assumed consent of the recipient (spam). In particular, the transmission of mass messages via the Platform is prohibited. Mass messages refer to the transmission of messages of the same or almost same content to more than three recipients at the same time or at short time intervals, e.g. within a few minutes.

7.9 The User undertakes not to attempt to gain unauthorized access to data of other Users or to unlawfully obtain, sniff out, forward, modify, or misuse third-party data via the Service in any way whatsoever.

7.10 The User is responsible for making sure that contents published by him are free of harmful software, malware, viruses, Trojans, or other programs/code that could endanger or impair the operability or existence of the Platform. Moreover, the User undertakes to refrain from any and all actions that could impair the functionality/infrastructure of the Platform, especially by causing excessive load on the Platform.

7.11 The User undertakes to verify the compliance with these regulations before publishing contents.

7.12 The Provider is not responsible for actions of the User or of third parties.

7.13 By uploading/publishing his own contents, the User automatically agrees to the transfer of his own non-exclusive, free-of-charge rights of use, including the processing right, without any limitations as to time and location. The rights of use include but are not limited to the right to make the contents publicly accessible on mobile and stationary terminal devices and to duplicate, distribute, and broadcast them.

The Provider is authorized to utilize and use these contents like his own. This applies indefinitely, even beyond the term of the contractual relationship between the User and the Provider.

7.14 The Provider may remove (block/delete) any contents that do not comply with the above-mentioned requirements without prior consultation with the User.

8. Blocking / Deletion of Accounts by the Provider

8.1 The Provider reserves the right to exclude individual Users. In particular, the Provider may delete or block certain accounts if there are actual indications that give rise to the suspicion that

  • the User commits or has committed legal violations via or with the help of the account;
  • the User has uploaded/published illegal contents;
  • the User is in breach of the requirements for the publication of contents;
  • the User shares his login details with third parties;
  • the User allows others to use his account;
  • the User creates more than one account for himself;
  • the User culpably breaches these Terms of Use in any other way.

This list is not exhaustive. The Provider reserves the right to block or delete accounts for other reasons.

8.2 The Provider shall duly take the interests of the User into consideration in his decision, especially against the background of the severity of the breach/suspicion.

8.3 In cases of doubt, the burden of proof shall lie with the User. The User shall demonstrate and furnish evidence that, contrary to the suspicion of the Provider, the User has acted in compliance with applicable law and these Terms of Use and that no reason for blocking/deletion is on hand.

8.4 Irrespective of the authorization to block/delete the account, the Provider may terminate the contractual relationship with the User in its entirety and/or assert any further claims, including but not limited to claims for damages, against the User.

8.5 If the User falls in arrears with his payment, the Provider may downgrade the User's account to the free basic status for the period of the delay.

9. Damages / Indemnification

9.1 The User shall compensate the Provider for any damage that the Provider incurs from a breach of the User's obligation, unless the User is not responsible for the breach of obligations.

9.2 The User fully indemnifies the Provider against his liability toward third parties in the case of the User's non-compliance with his obligations. Against submission of evidence, the User shall reimburse the Provider for any damage incurred, including lawyer's fees, consequential damage, lost profit, etc. However, this shall not apply if the User is provably not responsible for the breach of obligations.

10. Liability of the Provider

10.1 The Provider (including agents and employees of the Provider as well as companies affiliated with the Provider) shall only be liable for damage caused by intent or gross negligence.

10.2 The Provider (including agents and employees of the Provider as well as companies affiliated with the Provider) shall also be liable for damage resulting from the breach of material contractual obligations by way of slight negligence, but only to the extent of the foreseeable typical average damage.

10.3 The Provider (including agents and employees of the Provider as well as companies affiliated with the Provider) shall always be liable for injury to life, body, and health and for damage according to the German Product Liability Act (ProdHaftG).

11. Data Protection

11.1 Personal data will only be collected, processed, and/or used if the User has consented to this or if this is permitted by law. The use of personal data on the basis of a statutory permission takes place especially in connection with the fulfillment of contractual obligations of the Provider toward the Users.

11.2 On the Platform, the Provider enables the User to send other Users his personal data in part or in their entirety or to enable access to the data. The User knows and expressly agrees that all contents published by him be made accessible to third parties, regardless of his privacy settings. The transmission and granting of access to these data takes place at the risk of the User alone.

11.3 The User knows and expressly declares his consent that the Provider may also use his User details for the purpose of suggesting interesting contacts to the User on the Platform.

12. Contract Term

12.1 Unless special provisions concerning the term and termination apply in the individual case, the contractual relationship may be terminated at any time by either Party.

12.2 The User and the Provider may terminate the free basic account at any time without specifying reasons. To protect the User against unauthorized deletion of his User profile by third parties, the Provider may perform an identity check when he receives notice of termination, e.g. by querying the user name and e-mail address.

12.3 The premium membership initially runs for the minimum usage period booked by the User. Thereafter, the premium membership will be renewed for extension periods of the same length, unless the User or the Provider duly gives notice of termination. The User and the Provider may terminate the premium account without specifying reasons with three (3) weeks' notice, effective as of the end of the minimum usage period booked in the registration process or subsequently as of the end of an extension period via the contact form. Following the termination of the premium account by the User or by the Provider, the User may continue to use the free basic account until it ends.

12.4 The regulations of the notice of termination for good cause in the case of continuing obligations remain unaffected by these provisions. Good cause for termination with immediate effect is on hand if, under consideration of all circumstances and of the interests of both Parties, the terminating Party cannot reasonably be expected to maintain the contractual relationship until the end of the statutory notice period. For the Provider, good cause includes but is not limited to the following events:

  • The User fails to comply with statutory regulations;
  • the User breaches his contractual obligations; or
  • the User harms one or several other Users.

12.5 Upon notice of termination, the User shall not be entitled to repayment of any fees paid in advance, unless the User terminates the contract for good cause for which the Provider is responsible. The User's entitlement to repayment of fees paid in advance shall be excluded if the Provider legitimately terminates the contract for good cause.

12.6 The User is personally responsible for downloading any data he still needs to his computer in due time before his access ends. The Provider is not responsible for storing or surrendering these data to the User.

13. Payments, Maturity

13.1 The User can pay invoices by way of the offered payment methods. If an amount due for payment cannot be collected, the User shall bear all resulting costs, especially banking fees in connection with the return of debit notes and similar fees to the extent that the User is responsible for the event that caused the costs.

13.2 At his own discretion, the Provider may transmit invoices and payment reminders exclusively in electronic form.

13.3 The fees for the premium account shall be due for immediate payment upon issue of the invoice by the Provider for the entire term.

13.4 The Provider reserves the right to reasonably raise the fees for the premium account, effective as of the start of a new extension period. A maximum of one price raise will take place per calendar year. In this case, the Provider will duly inform the User at least six (6) weeks prior to the end of the usage period or of the current extension period. If the User does not agree to this fee raise, he may object via the contact form, by letter, or by e-mail within three (3) weeks. As the objection represents a notice of termination of the premium account by the User, the premium account will end upon expiry of the existing minimum usage period or of the current extension period.

14. Amendments to the Terms of Use

14.1 The Provider reserves the right to amend the Terms of Use. The User will be duly and expressly informed of the amendments, and his attention will be drawn to the amended passages, which will be highlighted. Usually, the notification takes place by way of publication on the Platform. However, as a matter of principle, the Provider is free to decide how the User's attention is to be drawn to the amendments.

14.2 If the User does not indicate within six (6) weeks after the notification of the new version that he does not accept the new version, this will be deemed as implicit approval, and the new version will apply from this time on. When informing the User of the amendments, the Provider undertakes to expressly draw the User's attention to these consequences of his behavior.

14.3 If the User objects in due time, the Provider may terminate the possibility to use the Platform as of the time as of which the amended Terms of Use are to enter into force or give due notice of termination of the usage contract.

14.4 With respect to services, additional applications, and functions that are booked individually and are not offered under a continuing obligation, a separate contract comes into existence for every booking, whose additional conditions will, if applicable, be displayed separately prior to the booking in the individual case. Such contractual conditions and services may be amended independently of the requirements for service amendments for future bookings as mentioned herein.

15. Rights to the Platform

15.1 All trademarks, rights to business designations, name rights, brand rights, copyrights, ancillary copyrights, and other rights to the Platform itself, its individual graphical and text elements, and its functions and services belong to the Provider alone and may not be used, distributed, copied, duplicated, made publicly accessible, presented, transmitted, or otherwise utilized without the prior written approval of the Provider.

15.2 No utilization rights or other rights are transferred to the User.

16. Severability

Should any of the provisions regulated herein be or become invalid, this shall not affect the validity of the other provisions.

17. Legal System, Place of Performance, Assignment, Offsetting

17.1 The applicability of these Terms of Use is governed exclusively by the law of the Federal Republic of Germany, under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

17.2 The place of performance and jurisdiction is the location of the registered office of the Provider.

17.3 Rights and obligations from these Terms of Use cannot be assigned or otherwise transferred without the prior approval of the other Party.

17.4 The User may only offset claims against counterclaims that are undisputed or legally established.

18. Binding Language Version

If these Terms of Use are available in several languages, only the German version of these Terms of Use shall be legally binding.