Terms of services

Paper Polyglot Terms of Service

Introduction

Paper Polyglot (“ PP ,” “we,” “us,” or “our”), located at 7, rue Thomas Henry, 50100 Cherbourg-en-Cotentin, France , makes its translation software available online, and as subscription services (each, a “Subscription Service”), and provides implementation, consulting, configuration, integration, training, advisory, development, and other professional services (“Professional Services” and collectively with the Subscription Services, Support (defined below), and any other services described in an Order (defined below), the “Services”). Our marketing websites, including https://paper-polyglot.com , are referred to herein as the “Websites”.

PP may update these Terms of Service (the “Terms”) from time to time in accordance with the “Changes to the Terms” section below.

DISPUTES ABOUT THESE TERMS OF SERVICE AND THE SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS SET FORTH IN THE “MANDATORY ARBITRATION” AND “CLASS ACTION WAIVER” SECTIONS BELOW.

1. Accepting the Terms

1.1. Acknowledgement.

You acknowledge and agree that you have read, understand, and agree to be bound by these Terms by either:

(a) clicking or tapping on a button indicating your acceptance (usually during the registration or onboarding process);
(b) accessing or using a Service or Website; or
(c) executing or making payment based on an ordering document, statement of work or invoice (each, an “Order”) that references these Terms.
Regardless of what type of User (defined below) you are, you agree that these Terms create a legally binding relationship between you and PP and govern your use of the Services and Websites.

1.2. Authority.

By accepting these Terms, you (the “User”) represent that you have the legal power to do so. If you accept these Terms on behalf of an organization:

(a) “you” and “your” will refer to that organization, and any individual accessing a Service through your account will be referred to as a “User”;
(b) you represent and warrant that you have the authority to bind the organization; and
(c) you understand and agree that the organization is bound by and responsible for ensuring that each of its Users comply with these Terms.

2. Your Relationship with PP

2.1. Types of Users.

PP has three different types of Users:

(a) Users of the Websites (“Site Visitors”);
(b) Users on a free or trial version of the Services (“Free Users”); and
(c) Users who are part of a paid subscription plan (“Subscribers”).

2.2. Affiliates.

If you are an entity purchasing a Multi-User Plan (defined below in the section titled “Content in a Multi-User Account”), your affiliates may use the Services purchased by you as Users on your account. Alternatively, your affiliate may enter into its own Order(s) as mutually agreed with PP , which will create a separate agreement between the affiliate and PP that incorporates these Terms.

2.3. Prohibited Users.

If you are barred from receiving the Services under the laws of France or other countries, including the country in which you are a resident or from which you use the Services, you may not use the Services. If you represent a Multi-User Plan, you will ensure that:

(a) your Users do not use any Services in violation of any export restriction or embargo by France ; and
(b) you do not provide access to any Services to persons or entities on any restricted lists.

2.4. Age Requirement for Users.

If you are under 18 years old, you may not create a PP account.

3. The Services Provided by PP

3.1. Subscription Services.

You and each User may access and use the applicable Subscription Service during the Subscription Term (defined below) solely for your internal business or personal purposes, subject to payment of the applicable fees and the requirements of these Terms and the applicable Order. You may purchase additional Subscription Services or add paid Users during the applicable Subscription Term at your then-current unit price; related fees will be prorated for the remainder of the applicable Subscription Term. “Subscription Term” means the period of time beginning on the earliest start date and concluding on the latest end date listed in an Order.

3.2. Features and Functionality.

The Subscription Services include the features and functionality applicable to the subscription tier and add-ons selected. Available subscription plans and details of those plans may change over time but will not be materially degraded mid-Subscription Term.

3.3. Subscription Renewal

If you are a Subscriber, you are enrolling in a recurring payment plan. After each Subscription Term, your Subscription Service will automatically renew with the current products and number of subscriptions (or applicable billing increment for Services not sold on a per-User basis) for the same period of time (e.g., 12 months if you chose an annual plan or 1 month if you choose a monthly plan), unless either party cancels prior to the end of the current Subscription Term.

You authorize PP to invoice you or charge the designated payment method at the start of each new Subscription Term at the quantity and price then in effect for your paid account. An account owner or admin may review and make changes to subscription levels, number of Users, and Subscription Term on your Account Settings page.

3.4. Free and Beta Services.

If you or a User receive any Services free of charge or released as beta, pilot, limited release, non-production, or evaluation (“Beta Features”), you acknowledge and accept that such Services are provided “AS-IS”, without any representations, warranties, support, maintenance, or other obligation of any kind from PP . Unless otherwise agreed in an Order, PP may terminate your access to, or use of, a free Service or a Beta Feature at any time, which may include permanent deletion of your Content.

3.5. Non- PP Applications.

If you or a User chooses to utilize a Non- PP Application (defined below), your purchase and use of such Non- PP Application is subject to the agreement between you and the third-party provider. PP has no liability with respect to procurement, maintenance, use, or interoperability of any Non- PP Application, and Non- PP Applications are not part of the Services. “Non- PP Application” means a software application, service, integration, or functionality that is developed or provided by a third party, is not owned by PP or under PP ’s control, and interoperates with a Service.

4. Using the Services

4.1. Access and Users.

You will obtain, maintain, and support all internet access, equipment, and ancillary services needed to access the Services and Deliverables. Subscriptions are for named individuals and cannot be shared or used by more than one individual at a time. Each User must keep a secure password for accessing the Subscription Service and keep such password confidential. You will:

(a) if applicable, obtain any consents necessary for PP to provide the Services;
(b) maintain commercially reasonable security standards with respect to use of the PP Assets (defined below in the section titled “Intellectual Property"); and
(c) in the event of any unauthorized access to or use of the Services or Deliverables, promptly notify PP at contact@paper-polyglot.com .

4.2. Your Responsibilities. You are responsible for:

(a) access to and use of the Subscription Service(s) and Deliverables by the Users on your account and each User’s compliance with these Terms;
(b) the secure transmission of your Content to the Subscription Service(s);
(c) the legality, reliability, integrity, accuracy and quality of the Content, any conclusions drawn or actions taken therefrom, and the means by which you or the Users acquired the Content so that PP and its service providers may lawfully use, process, and transfer the Content in accordance with these Terms;
(d) if desired, backing up your Content outside of the Subscription Service;
(e) using commercially available technologies to prevent the introduction of viruses, malware, Trojan horses, worms, spyware or other destructive code (“Malware”) into the Subscription Service(s); and
(f) instructing the Users on the Use Restrictions and the limitations on Protected Information (each defined below), and ensuring that those limitations and/or Use Restrictions are not breached.

4.3. Protected Information.

You acknowledge that the Subscription Service(s) are not designed or intended to store, process, or otherwise handle Protected Information, and that PP does not classify Content or provide special protection based on the type of data submitted by you. If Protected Information is entered into a Subscription Service, PP will treat such information as your Confidential Information and afford it the protections provided in these Terms but will not afford it any added protections based on the type of data provided. You acknowledge that any Protected Information submitted is done at your own risk and that PP will not be liable for heightened or statutory damages due to the nature or type of Protected Information submitted. “Protected Information” means information that is subject to specific regulations or laws that impose increased protections, obligations, and/or penalties with respect to handling that type of information, or that is not appropriate for use in the Services, as intended by PP . Protected Information includes, without limitation, classified information, data that is subject to the Payment Card Industry Data Security Standards (PCI DSS), Health Insurance Portability and Accountability Act (HIPAA), Gramm-Leach-Bliley Act (GLBA), Criminal Justice Information Services (CJIS) Security Policy, IRS Publication 1075 or any similar legislation in an applicable jurisdiction, or any credit or debit card and magnetic stripe information, government issued identification numbers, health or biometric information, education records, financial account information, personally identifiable information of children under the age of 16, or information deemed “sensitive” or “special category” under applicable law (such as racial or ethnic origin, political opinions, or religious or philosophical beliefs).

4.4. Use Restrictions. You will not, and will ensure that each User does not:

(a) license, sublicense, sell, resell, rent, lease, transfer, distribute, provide access, or otherwise commercially exploit, or make the Services or Deliverables available to any third party except as expressly authorized herein;
(b) copy, modify, translate, adapt, merge, or create derivative works of the Services or Deliverables or disassemble, decompile, reverse engineer, or otherwise extract the source code of, or reduce to human-perceivable form, any part of the Services or Deliverables unless the foregoing restrictions are expressly prohibited by applicable law;
(c) use or access the Services or Deliverables or any component of them s (i) to develop a competitive product or service, one with similar ideas, features, functions or graphics, or to determine whether the PP Assets are within the scope of any patent, or
(ii) other than in compliance with these Terms and all applicable laws and regulations (including export control laws and restrictions);
(d) remove or modify any proprietary markings or restrictive legends in a Subscription Service or on the Deliverables;
(e) infringe or misappropriate any PP Assets;
(f) attempt to gain unauthorized access to the Services or any portion thereof;
(g) knowingly, intentionally or negligently introduce Malware into, or otherwise engage in any malicious act or disrupt the security, integrity or operation of, a Subscription Service;
(h) access or attempt to access a Subscription Service by any means other than PP ’s publicly supported interfaces, including any automated means (i.e., use of scripts or web crawlers);
(i) probe, scan, or test the vulnerability of any PP system or network; or
(j) access, store, create, share, display, publish or transmit any material that
(i) a person would reasonably believe to be unlawful or related to illegal activity, threatening, deceptive, defamatory, discriminatory, obscene, libelous, an invasion of privacy, or
(ii) infringes the intellectual property rights of a third party through the Services ((a)-(j) collectively, the “Use Restrictions”).

The Subscription Services allow you to share information and Content within your account, outside your account, and publicly. You are solely responsible for the Content that you create, transmit, display, or share with others while using the Subscription Services, and for the consequences of your actions.

5.2. Collaboration.

If you accept an invitation to view or collaborate on another User’s Content, you acknowledge that your access to that Content and any information you provide or changes you make will be under the sole control of the owner of that Content. In addition, the owner of that Content, other Users who have access to that Content, and the owner and administrators of the account containing that Content will be able to view certain information, including personal information, about you.

6. PP ’s Provision of the Services

6.1. Updates

PP makes and automatically delivers updates (e.g., bug fixes, enhancements) to the Subscription Services on an ongoing basis. Except for urgent updates, PP schedules maintenance during non-peak usage hours (that minimizes the impact on all Users, worldwide).

7. Data Security, Privacy and Your Personal Information

7.1. Your Personal Information.

PP ’s Privacy Policy governs how PP treats your personal information and protects your privacy when you use the Websites and Services. You acknowledge that you have read, and agree to the use of your data, including personal information, as outlined in PP ’s Privacy Policy.

7.2. Security

PP will maintain administrative, physical, technical and organizational measures to protect the security, confidentiality, and integrity of your Content.

7.3. Account Information

PP will use data provided in connection with the creation or administration of entity and User accounts to set up and maintain such accounts, provide and maintain the Services, detect and prevent fraud or violations of these Terms, inform you and other Users about new products and features, and as necessary to comply with applicable law, regulation, legal process or enforceable governmental requests.

8. Confidentiality

8.1. Definition

“Confidential Information” means information of or provided by a party ("disclosing party") to the other party ("receiving party") that is non-public, proprietary, business, technical, security, legal, or financial information that is marked or identified as Confidential Information or would reasonably be understood to be confidential, such as information about products, Beta Features, processes, services, trade secrets, marketing and business plans, client lists, pricing, financial information, system architecture, security programs, or intellectual property. For clarity, pricing for the Services is PP ’s Confidential Information. Notwithstanding the foregoing, Confidential Information does not include information that:

(a) the receiving party possesses without a duty to keep confidential prior to acquiring it from the disclosing party;
(b) is or becomes publicly available through no violation of this agreement by the receiving party;
(c) is given to the receiving party by a third party not under a confidentiality obligation to the disclosing party; or
(d) is developed by the receiving party independently of, and without reliance on, confidential or proprietary information provided by the disclosing party.

8.2. Use and Disclosure

Each party may be given access to Confidential Information of the other party in connection with these Terms. The receiving party may only use this Confidential Information as provided for in these Terms or to exercise its rights hereunder and may only share this Confidential Information with its employees, agents, advisors, procurement agents and service providers who need to know it, provided they are subject to similar confidentiality obligations. The receiving party will use the same degree of care, but no less than a reasonable degree of care, as such party uses with respect to its own Confidential Information to protect the disclosing party’s Confidential Information and to prevent any unauthorized use or disclosure thereof. Neither party is responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party not under the receiving party’s control. If the receiving party is compelled by law to disclose the other party’s Confidential Information, it will provide the disclosing party prior written notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the disclosing party’s cost, if the disclosing party wishes to contest the disclosure. These confidentiality obligations will remain in effect for the Term (defined below in the section titled “Term and Termination”) and for an additional 1 year following termination.

9. Intellectual Property

9.1. Your Content.

“Content” means the data, information, images, and other content that is uploaded to, imported into, or created in a Subscription Service by the Users, all of which is your Confidential Information.

As between the parties, you own all rights, title, and interest in and to the Content in the accounts for which you are the account owner and your Confidential Information, including all intellectual property and proprietary rights therein. Except as expressly set forth herein, PP acquires no right, title, or interest in or to your Content or Confidential Information.

9.2. PP ’s Use of Your Content

Subject to these Terms, you grant PP the right to access, hold, use, and process Content until removed from a Subscription Service:

(a) as requested by you or a User;
(b) as necessary to provide and improve the Services, including to identify, investigate, or resolve technical problems with the Services;
(c) to detect and prevent fraud or violations of these Terms; and
(d) as required by applicable law, regulation, legal process or enforceable governmental request. PP may utilize subcontractors or SaaS tools in connection with PP ’s provision of the Services, including processing Content, provided that such third parties are subject to appropriate confidentiality and data security obligations. PP is responsible for such third parties’ acts and omissions in relation to PP ’s obligations to you.

9.3. PP

As between the parties, PP owns all rights, title, and interest in and to the PP Assets (defined below) and PP Confidential Information, including all intellectual property and proprietary rights therein. Except as expressly set forth herein, PP does not convey any rights to you or any User.

“ PP Assets” means

(a) the Subscription Service(s), work product, Documentation, and Deliverables (but not any Content or your Confidential Information contained therein); and
(b) all PP copyrights, patents, trademarks, trade names, trade secrets, specifications, technology, software, data, methodologies, machine learning models, changes, improvements, components, and documentation used to provide the Services or made available in connection herewith, and all intellectual property, proprietary rights and underlying source code, object code, and know-how in and to the foregoing.

You or your Users may voluntarily provide feedback, comments, or suggestions directly to PP or by posting on any PP -hosted forum or page (“Feedback”) to PP and PP may use such Feedback without any obligations or restrictions. PP may generate, derive and use usage, statistical, learned, and technical information (that does not reveal any of your Confidential Information or Content to third parties) to operate, improve, test, analyze, and develop the Services and for other internal business purposes.

11. Representations and Warranties

11.1. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY MAKES ANY REPRESENTATION, GUARANTEE OR WARRANTY OF ANY KIND, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. PP MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING ANY NON- PP APPLICATION WITH WHICH THE SERVICE MAY INTEROPERATE. PP DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME OR THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

12. Billing and Payment

12.1. Payment. If you select a paid tier of a Subscription Service (a “paid account”) PP will bill you in advance on the frequency that you select. The term of your Subscription Service will be available in your Account Settings and/or set forth in the associated Order. You authorize PP to charge your credit card or other payment method for all fees and expenses, at the quantities and prices associated with your paid account, when due. PP may enable other forms of payment in the Account Settings page, which may be subject to additional terms. Unless otherwise specified in an Order, payments for invoices are due 30 days after the invoice date. You agree to promptly notify PP in writing of any changes to your billing information during any Subscription Term. In the event your non-invoice form of payment fails and is not updated within PP ’s system within 10 days, PP will invoice the remaining Subscription Service term with payment due upon receipt. PP reserves the right to correct any billing errors or mistakes that PP identifies in an invoice or after a payment is received.

12.2. Non-refundable. Except as expressly set forth in these Terms or when required by applicable law:

(a) all fees are non-cancellable and once paid are non-refundable; and (b) products and quantities purchased cannot be decreased during a Subscription Term.

12.3. Pricing. Unless specified in an Order, Service pricing is specified on the Websites. PP may modify pricing for renewal periods upon written notice to you or an account admin (in the form of an invoice or any other form of notice used by PP to communicate with you); provided that, if the tier and/or number of units purchased for such renewal term is equal to or greater than the tier and/or number of units up for renewal, PP will provide notice prior to your cancellation or subscription change deadline described in the section titled “Termination and Subscription Changes By You” below. If you do not accept the pricing change, you may elect to not renew your paid account subject to the section titled “Term and Termination” below. If you upgrade to a higher tier of paid account, PP will credit any remaining balance from your previous subscription payment to your new tier.

12.5. Billing disputes. Billing disputes must be notified to PP in writing within 30 days from discovery of an error. Except as prohibited by law, PP may charge a late fee of 1.5% (or, if lower, the highest rate permitted by law) per month on undisputed past due amounts. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by PP in collecting delinquent amounts. If you require a purchase order, vendor registration form, or other documentation, such requirement will in no way relieve, affect or delay your obligation to pay any amounts due hereunder.

12.6. Currency and Taxes. All amounts payable to PP will be paid in the currency set forth on the pricing page, in the Order, or in USD and are exclusive of any applicable sales or use taxes (such as GST or VAT). If PP is obligated to collect or pay these taxes, they will be stated separately on each invoice. If you are required by law to withhold any taxes from your payments to PP , you must provide PP with an official tax receipt or other appropriate documentation to support such withholding and reimburse PP for such withholding tax.

13. Limitation of Liability

13.1. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES OR DATA, BUSINESS INTERRUPTION, DEPLETION OF GOODWILL, OR INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS ARISING OUT OF OR RELATED TO THESE TERMS, REGARDLESS OF THE BASIS OR TYPE OF CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS; AND EACH PARTY’S AGGREGATE LIABILITY FOR DAMAGES OR LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) WILL NOT EXCEED THE GREATER OF

(i) THE AMOUNT PAID OR PAYABLE BY YOU HEREUNDER WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (ii) $200.00. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

The previous sentence does not apply to instances of willful misconduct, to amounts payable to third parties under a party’s indemnification obligations, to your obligations to pay fees, expenses and taxes when due, to noncompliance with the section titled “Using the Services” above, or to any infringement or misappropriation by a party of any intellectual property rights of the other party. 13.2. General. The parties acknowledge and agree that the limitations of liability, disclaimer of warranties, and any exclusion of damages included herein represent an allocation of risk between the parties (including the risk that a remedy may fail of its essential purpose) which is reflected by the fees paid. Notwithstanding the foregoing, nothing in these Terms excludes or limits PP ’s warranty obligations or liability for losses which may not be lawfully excluded or limited by applicable law. Only the limitations which are lawful in your jurisdiction will apply to you and PP ’s liability will be limited to the maximum extent permitted by law.

14. Term and Termination

14.1. Term. These Terms, which are effective as of the date shown above, will apply until all accounts under your control are permanently closed unless superseded by a written agreement between you and PP (the “Term”).

14.2. Termination and Subscription Changes By You. If you want to cancel your auto-renewal, downgrade your subscription tier or products, reduce your quantity of User subscriptions for an upcoming renewal, terminate your paid subscription, or end your free trial before conversion to a paid subscription, you must do so by making the desired adjustments in the Subscription Management page within the applicable time period:

(a) no less than 30 days before the end of your then-current Subscription Term for a Multi-User Plan, (b) any time before the end of your then-current Subscription Term for an individual or monthly paid account, or (c) before conversion of a free trial to a paid plan. If you do not make the desired adjustments or notify PP within the applicable time period, your paid account will renew as outlined in the section titled “Subscription Renewal” or your free trial will convert into a paid subscription as outlined in the section titled “Free Trials”. You will continue to have access to all the features of your paid or trial account until the end of the then-current Subscription Term. PP does not provide any refunds or credits for partial Subscription Terms.

14.3. Termination by Either Party. A party (referred to within this section as, the “relevant party”) may terminate the Services if:

(a) if the other party (“breaching party”) commits a material breach of these Terms (or has acted in a manner which clearly shows that the breaching party does not intend to, or is unable to comply with, the provisions of the Terms) and such breach either (i) is not capable of being cured, or (ii) has not been cured within 10 days of receiving written notice of the breach from the relevant party; (b) immediately upon the breaching party ceasing to operate in the ordinary course, making an assignment for the benefit of creditors, or becoming the subject of any insolvency, bankruptcy, liquidation, dissolution, or similar proceeding; or (c) if the relevant party is required to do so by law.

15.4. Termination by PP . PP , acting reasonably, may terminate your access to any or all of the Services and/or close your account to protect PP ’s legitimate interests by providing a pro rata refund for any prepaid, unused subscription fees for the Services.

15.5. Suspension. PP reserves the right to suspend access to the Service(s) if:

(a) you have undisputed amounts past due; or (b) PP reasonably determines that you or any Users on your account are using a Service in a way that creates a security vulnerability, may disrupt others’ use of a Service, or have misappropriated or infringed PP ’s or another third-party’s intellectual property or proprietary rights. PP will only suspend access to the extent, and for the duration, necessary to address the violation and will promptly restore access once the issue has been resolved. PP will not suspend access if you are (reasonably and in good faith) disputing a charge and cooperating in resolving the dispute. You acknowledge and agree that if PP suspends access to your account, you may be prevented from accessing the Services, your account details, or any files or other Content contained in your account. If the reason for suspension cannot be resolved, PP will automatically downgrade your account to a free account or terminate your use of the Service(s). Downgrading your account may cause the loss of Content, features, functionality, or capacity. 15.6. Effect of Termination. On termination of the Services:

(a) all Orders will terminate; (b) PP will disable your account and each User’s access to the paid Services; (c) you will immediately pay any accrued but unpaid and undisputed fees; (d) each party will return and make no further use of, or destroy (subject to each party’s automated deletion schedule and back-up policy), any Confidential Information belonging to the other party, subject to (e); and (e) provided you have permanently closed your account(s), PP will delete all Content in accordance with its automated deletion schedule and back-up policy.You may export or download your Content at any time from the Subscription Service in accordance with the Documentation. Any requested post-termination transition assistance is subject to the mutual agreement of the parties (and may require payment of Professional Services fees to PP ).

15.7. Retention of Information and Content. If you have canceled your paid account, your information and Content may be deactivated but not deleted.
15.8. Site Visitors. A Site Visitor may terminate its use of the Websites at any time by ceasing further use of the Website. PP may terminate your use of the Websites and deny you access to the Websites in our sole discretion for any reason or no reason, including for violation of these Terms.

16. Changes to the Terms

16.1. Amendments and Effective Date. PP may make changes to the Terms from time to time. You understand and agree that if you are on a free account and you use the Services after the date on which the Terms have changed, PP will treat your continued use of the Services as acceptance of the updated Terms. If you have a paid account, the new Terms will apply upon your renewal or the beginning of the next annual period listed on your Order, in which case your continued usage of the Services after such date or payment of an associated invoice will constitute your acceptance of the changes.

16.2. Waivers**.** Any waiver of these Terms must be in writing and no written waiver will operate or be construed as a waiver of any subsequent breach. The failure of either party to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision or of any other right or provision.

18. Mandatory Arbitration

18.1. Cooperative Resolution Process. The parties agree that most disputes can be resolved without resort to litigation or arbitration. If you have any dispute with us, you agree that before taking any formal action you will contact us at contact@paper-polyglot.com and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for the Excluded Disputes (defined below), the parties agree to use their best efforts to settle any dispute directly through consultation with each other, and good faith negotiations will be a condition to either party initiating an arbitration (the “Cooperative Resolution Process”). If the parties do not reach an agreed-upon solution within a period of 30 days from the time the Cooperative Resolution Process is initiated, then either party may initiate binding arbitration as the sole means to resolve any dispute (except for Excluded Disputes) subject to the terms set forth below.

18.2. Mandatory Arbitration. Any dispute, controversy, or claim relating to, connected with, or arising out of the subject matter of these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (a “Dispute”), will be determined by binding arbitration in Salt Lake City, Utah before one arbitrator. The arbitration will be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on an award may be entered in any court having jurisdiction. This clause does not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any demand for arbitration under these Terms must be made before the statute of limitations applicable to such claim has expired. In any arbitration arising out of or related to these Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recovery of any such damages.

18.3. Excluded Disputes. Notwithstanding the parties’ decision to resolve all Disputes through arbitration, the following Disputes may be brought in any state or federal court of competent jurisdiction seated in, respectively, either Salt Lake County, Utah or the District of Utah:

(a) disputes relating to or arising from misappropriation, infringement, validity and/or enforceability of a party’s intellectual property rights (including patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), (b) any action by a party seeking entry of a temporary restraining order, preliminary injunctive relief, or permanent injunctive relief, or (c) any claims that, as a matter of law, the parties cannot agree to arbitrate (collectively, the “Excluded Disputes”).