Loco terms and conditions of service
Loco is provided and operated by White Interactive Ltd (the "Company", "We", "Us") registered in England and Wales, company no. 5014839. You can contact Loco via the contact page or by email to support at this domain.
The person accessing or using Loco within the context of these Terms shall be referred to as the "User", "You" or "Your".
Any person paying a fee to the Company, whether being the User or another person represented by or on behalf of the User, shall be referred to as the "Purchaser".
These Terms of Service ("Terms") govern your access to all services available on the Internet domain localise.biz and its sub-domains (the "Services" or "Loco"), including any information, text, images or other files uploaded, downloaded or otherwise accessed via the Services (the "Content" or "Data"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
We may revise these Terms from time to time. By continuing to access or use the Services after a revision has been made, you agree to be bound by the revised Terms. If we have your email address and, in our sole opinion, the revision is significant, we may alert you by email to the changes, or we may choose to alert you through a notice that is visible to you when you log in to the Services.
If you disagree with any of these Terms you must stop using the Services immediately.
The Company offers three levels of service which together comprise the "Services" or "Loco":
- Anonymous access to the public website at localise.biz; (the "Site")
- Authenticated access to private areas of the Site secured by a password or other secret credentials; (your "Account")
- Access to extra features upon payment of a subscription fee; (the "Paid Services", your "Subscription")
Services requiring no subscription payment are called the "Free Services". The Free Services are provided completely free of charge and completely without warranty. The level of service provided for free is solely at the Company's discretion. It may be extended, reduced or stopped without reason or warning. No compensation or resolution can or will be offered if you are unsatisfied with the Free Services.
Note that any reference to the "Services" in these Terms shall include the Free Services in its meaning.
Services requiring a subscription payment are called the "Paid Services". Provision of the Paid services requires successful payment of the advertised price to the Company made via the Site or directly to a representative of the Company. "Advertised price" means the price displayed only on the Site and only in the currencies offered.
A subscription to any of the Paid Services constitutes a rolling contract between the Purchaser and the Company with an allowance for immediate termination by either party at any time. Continued supply of the Paid Services is conditioned on continued subscription payments made on the agreed recurring basis, whether that be monthly or some other agreed interval. Each payment is to be made prior to the commencement of supply of the Paid Services which shall then be supplied immediately by the Company and for the duration of the agreed period until the next payment becomes due or the subscription becomes cancelled, whichever is sooner.
We will do our best to avoid price changes, but the Company reserves the right to change the advertised price of a subscription with one month's notice given in writing, during which time the User shall be free to cancel the subscription contract or shall be invoiced for the updated subscription price when their next payment becomes due.
We will do our best to avoid changes to the Paid Services, but the Company reserves the right to change the product features or available service level with one month's notice given in writing, during which time the User shall be free to cancel the subscription contract, or receive the modified service after the given notice expires.
In cases where the Purchaser is not the same person as the User, the Paid Services shall be supplied solely to the User who shall be authorized to act on behalf of the Purchaser with respect to the subscription contract. The act of purchasing shall not automatically grant any person other than the User access to the Services or authority over the Account unless that person agrees to be bound separately by their own agreement with the Company and with the explicit consent of the User.
Note that any reference to the "Services" in these Terms shall include the Paid Services in its meaning in cases where the User has an active subscription contract.
Refunds and credit
If you are unsatisfied with the Paid Services the Company will refund the Purchaser for any unused portion of a subscription for which payment has been successfully made. Refunds are limited to any whole days remaining of the duration of the subscription purchased. No further damages or compensation can or will be offered to you or the Purchaser if you are unsatisfied with the provision of the Paid Services.
You have the right to change or cancel your subscription to the Paid Services at any time. In the case of cancellation the Company will refund the Purchaser pro rata for any whole days remaining of the duration of the original subscription purchased, minus the amount due for any subsequent subscription used during the remainder of the same period. Changing your subscription to a lower cost tariff is equivalent to cancelling one subscription and subscribing to another.
The Company guarantees to refund the Purchaser within 30 days of any subscription change resulting in a refund becoming due.
Being permitted by the Company to use any Paid Services prior to the successful payment of the full subscription amount will constitute a loan of Credit unless the Company provides written confirmation that no payment shall be required. The Company shall be within its rights to collect payment for the provision of these Services within 30 days of the provision of the Credit. If the Services are cancelled or changed prior to repayment of the Credit the Company shall be within its rights to collect payment for any whole days used prior to said cancellation or change.
Using the Services or being provided with an Account does not affiliate you with Loco or the Company and does not imply any kind of partnership, or financial agreement.
You may not sell or lease the use of the Services to other parties or use the Services in a manner that competes with the Company's provision of the Services. This includes, but is not limited to using the Services to provide a competitor service, reselling subscriptions or charging other parties to access the Services.
We reserve the right to revoke or block access to the Services, at our sole discretion, if we believe that a User has contravened of any of these Terms or if a User has been fraudulently sold a subscription in contravention of these Terms.
No guarantees are made as to any level of service and you use the Services entirely at your own risk. The Company cannot and will not be liable for any losses or damages arising directly or indirectly from your usage of any of the Services or for our failure to provide the services.
The maximum for which the Company can be liable to any individual User or Purchaser shall be the refunded cost of any unused portions of a subscription to the Paid Services following a cancellation in the event that the User is unsatisfied. This is in accordance with our refund policy.
A working email address is required in order to hold an Account. We reserve the right to suspend or delete your Account if we can't contact you with important information. Email addresses that "bounce" shall indicate to the Company that the Account contains inaccurate Personal Data and in the interests of data protection shall be corrected or removed.
The minimum age permitted to hold an Account is 13.
Account access and security
Passwords, API keys and access tokens may all be referred to in these terms as "Secret Credentials".
Access to your Account is primarily secured by a password chosen by you, and unknown to us.
The Loco API is accessed by a 'key' available from the Site interface when logged in to your Account. This key is considered to be a password and subject to the same conditions as your primary Account password under these Terms. During each individual request to the API you are considered to be 'logged in'.
The 'stay signed in' feature stores an access token similar to an API key on your computer in the form of a cookie. This key is also considered to be a password and subject to the same conditions as your primary Account password under these Terms.
The Services on our primary servers are accessible only over an encrypted web connection using TLS (Transport Layer Security) and we implement appropriate security measures to ensure your Secret Credentials are never stored on our servers or accessible to anyone at any time. Users may wish to review our security disclosures.
Notwithstanding our security obligations, you are responsible for safeguarding any Secret Credentials that you use to access your Account and for any activity or actions performed while logged in to your Account. Any person logged in to your Account is deemed to have full permission to execute all such actions as the User is permitted.
By continuing to access the Services you are accepting responsibility for the secure transit of any Data you submit to the Services including any of your Secret Credentials. The Company cannot and will not be liable for any losses or damages arising from a third party logging into your Account using credentials obtained from your computer, network connection or via any breach of security on the part of the User.
The Services are offered as a means to process and download your Data for use within your own software. They are not offered as a means for third parties to access your Data directly via the Services, except for other Loco Users to whom you grant access via the functions provided for this purpose.
It is NOT PERMITTED to distribute your Secret Credentials for other persons to use. This is with the sole exception that "read-only" API keys may be used to privately share download links with colleagues or used privately for software building and deployment tasks.
It is NOT PERMITTED to direct public web traffic to protected resources on any of our servers. "Public web traffic" includes any provision of access (whether directly or by proxy) to any Loco resource requiring authentication where the Secret Credentials have been distributed or embedded in distributed software in contravention of the previous Clause.
We reserve the right to delete, block, revoke or change any Secret Credentials we believe to have been compromised.
If we detect that multiple sources are accessing protected resources using the same Secret Credentials we may decide that the access is unauthorized under these Terms and further access may be denied and the Secret Credentials revoked.
The User may grant access to the Services to other persons via the functions of the Services provided specifically for this purpose, or in writing to the Company. Each person so authorized shall be bound under their own agreement with the Company and shall not be party to the User's own agreement under these Terms.
The Company will not discuss with, or take instructions from, any person other than the User with regard to their Account unless said person has been explicitly authorized by the User in writing to the Company and where we are satisfied as to the authenticity of both the User's authorization and the identity of the third party.
It is not permitted to register multiple Accounts in order to provide one individual or organisation with a higher allocation of the Free Services than is provided to each Account individually. We reserve the right to consolidate syndicates or duplicate Users into a single Account or terminate individual Accounts that we deem to have been set up for the deliberate purpose of gaining unfair usage of the Free Services.
Your data and your rights
Data you enter or upload to the Services remains the copyright of its creator and the property of its lawful owner. We will not redistribute any of your Data to third parties other than to other Users to whom you've explicitly granted access (your "Team") or to our technical service providers as required expressly to provide the Services (our "Data Processors").
"Personal Data" in these Terms shall adopt the definition provided by EU Regulation 2016/679 (GDPR) and means any of your Data that could be used to identify a natural person. Your Account profile will contain Personal Data that belongs to you, such as your name and email address can be used to identify you as a natural person.
Personal Data belonging to the User will be processed by the Company fairly, lawfully and transparently and for the sole purpose of providing the Services. By agreeing to these Terms you also agree that you are satisfied with our Privacy Notice which explains what Personal Data we collect from the User, why we collect it and what we do with it. Users in the European Union may also wish to read our GDPR compliance notice.
We may inspect or process your Data in order to improve our software or troubleshoot any problems or defects we identify via your use of the Services, but we will respect your copyright and privacy during any contact with your Data and safeguard its security with respect to our obligations under these Terms.
The Services do not include a permanent backup service and we make no promise to store your Data indefinitely. We will do our best to ensure the integrity and availability of your Data for as long as is commercially reasonable, but this is a courtesy and not a guarantee. The Company will not be liable for any loss of your Data except in the event that a data protection supervisory authority by whom we are governed judges us to be responsible for data breach resulting in unlawful destruction or disclosure of Personal Data.
Our primary servers storing most of the Data are hosted with Linode and physically located in the UK. Additionally other Data may be stored on Amazon Simple Storage Service once it has passed through our primary servers and will then be physically located in Ireland. The Company cannot pass its service level agreements with these providers on to our Users, but in all the years the Company has been a customer of these providers, we have experienced no accidental data loss and only the most occasional of outages. By agreeing to these Terms, you agree that you are happy for your Data to be stored in these locations and by these providers.
Our primary servers are backed up daily with each backup replacing the previous. Additionally two weekly backups are rotated every 14 days. Any data loss that occurs between backups is not recoverable and we will only restore the system from a backup in the case of disaster; and not by request.
We aim to store as much data as possible in the UK or elsewhere in the European Union, but there may be exceptions to this from time to time notwithstanding our obligation to process Personal Data according to EU Regulation 2016/679 (GDPR). However, the Company makes no guarantee as to the specific countries within which specific Data will be stored at any specific time.
You can request that your Account be closed at any time by contacting us or via the user interface designed for this purpose. We guarantee to destroy all of your Data that we are legally permitted within 30 days of notice in writing from or by action of the User including all uploaded Content and contact details including all backups notwithstanding any historical records we are obliged by law to retain. We may have to verify that the person making the request is the User and we reserve the right to refuse any request that does not satisfy us as to its legitimacy.
In the case of Account closure requests originating from a form submission on the Site while the User is logged in, such action is deemed to be verified consent to delete the Account from which the request originated. In the case of directly emailed requests we may use other information to verify legitimacy such as DKIM signatures.
The Services provide a specific set of functions for the advertised purpose of "managing translations" along with various auxiliary functions to support said purpose. You agree to use the Services for their clearly intended purpose only, and not re-appropriate them to perform data processing functions that are prohibited by these Terms. We reserve the right to terminate the provision of the Services or suspend or delete Accounts without warning or reason if we - in our sole opinion - believe you are using the Services in such a way that contravenes our definition of acceptable usage under these Terms.
It is NOT PERMITTED to use the Services in order to send unsolicited messages to the Company that are unrelated to the Services, or to other Users, or otherwise behave in a manner that we decide at our sole discretion is abusive or otherwise a nuisance to the Company, our Users or any other person.
It is NOT PERMITTED to enter or upload Content for which you have no legal right to use in such a manner or for which the Company has no lawful basis to process. The Company cannot and will not be liable for any grievance arising from your handling of Content that is illegal in the UK, or in the country where you are based, or which breaches any laws or regulations under which you or the Company are bound.
It is NOT PERMITTED to enter or upload Content which contains Personal Data belonging to any natural person other than yourself except where the Services explicitly provide a mechanism to do so. This includes using the Services in any way that puts at risk the privacy or personal freedoms of any natural person. In particular the entry of translations and source text is NOT a mechanism for the processing of Personal Data. We will delete any Data that contravenes this clause without warning or reason if we discover that Personal Data not belonging to the User is being held in said User's Account.
The above Clause is not meant to avoid our obligations as a Data Controller under EU Regulation 2016/679 (GDPR), rather it is designed to avoid contraventions of the regulation by both the User and the Company. Please see our GDPR compliance page for more information.
All credit card Data collected for subscription to the Paid Services are handled and stored securely by Stripe and the Company is subject to their terms in the UK. Be advised that Stripe stores customer and payment data in USA. Please see our Privacy Notice and GDPR compliance page for more detail on this.
We are legally obliged to retain records of paying customers for accounting purposes and to comply with UK and EU tax regulations. Information we are legally obliged to retain is exempt from any requests to destroy your data and we may have to keep some information even if your Paid Services are cancelled or your Account is closed. Only the minimum information required by law will be retained, which may include but is not limited to your name, billing address and company information where applicable including tax registration number. All historical card transaction data will continue to be held by our payment provider, but we will destroy any data that would enable future card payments to be taken.