GENERAL

1. These are the general terms and conditions (“terms and conditions”) of TAUS B.V. These terms and conditions apply to the usage of the website, to purchasing and using TAUS' products and services. You can download or print these Terms and Conditions for reference purposes.

2. By visiting the TAUS website, purchasing products, using our services, or becoming a subscriber of TAUS, you agree to accept, be bound by and comply with these terms and conditions.

3. TAUS is located at the following address:

TAUS B.V.

Oosteinde 9-11

1483 AB De Rijp

The Netherlands

TAUS is registered at the Chamber of Commerce, Register Nr. 37147141.

Any questions about these terms and conditions or complaints about the website or services of TAUS, should be addressed in writing, to our Management Team at the address indicated above or to the email address: info@taus.net.

4. Any additional terms and conditions you may propose are rejected, unless agreed otherwise in writing.

5. TAUS reserves the right to change any of these terms and conditions at any time and without notice. TAUS therefore recommends that you review these terms and conditions from time to time, or before making a transaction.

6. These terms and conditions are governed by and construed in accordance with the law of the Netherlands. All disputes arising out of or in connection with these terms and conditions must be dealt with under the jurisdiction of the courts of the Netherlands.

ORDERS AND PURCHASES

General Information

7. All orders and applications must be either mailed or emailed. Orders can be paid online through PayPal, using VISA, and Eurocard/Mastercard. Orders can also be paid by bank transfer. VISA, and Eurocard/MasterCard credit cards are accepted for payments in EUR only. Bank transfer payments must include an invoice reference number or registration code reference. Bank charges must be paid by the customer.

7. TAUS reserves the right to request credit card guarantees from customers who require TAUS services but have not yet settled their invoice/s. Customers must agree to TAUS’s payment conditions on Credit Card Guarantee forms. TAUS will inform customers before charging the credit card.

8. Once TAUS has received your order form, you should receive confirmation of receipt by email within 24 hours (Mon-Fri). If you do not receive a confirmation of receipt from TAUS, please contact us at sales@taus.net.

VAT

9. All prices stated on the TAUS website are in EUR and include handling and delivery as applicable. All prices are excluding VAT (Value Added Tax).

10. Event registrations are exempt from VAT if the event takes place outside the EU. Events that are located in the EU are subject to local tax regulations, regardless of where the participant is located. TAUS is required to have a VAT number and declare VAT in that country.

11. All payments must be made in EUR unless otherwise specified. Pre-payment is required on all data orders before the data assets are provided. All other payments should be made within 14 days of the invoice issue date.

12. Dutch VAT is not payable if you provide your company VAT number or if you reside outside of the EU. However, a 21% VAT is charged on purchases originating from within the Netherlands.

TAUS EVENTS

13. TAUS reserves the right to alter or cancel, without prior notice, any of the arrangements relating directly or indirectly to an event, for any circumstances beyond TAUS’s reasonable control. TAUS will not accept liability for any losses and/or damages participants may suffer on account of any alteration or cancellation. Participants and guests are advised to arrange adequate travel and health insurance before the event.

14. You may request a refund/partial refund on a conference and /or workshop registration fee, by sending your cancellation request in writing to TAUS.

15. An administration charge of €100 is applied to all cancellations. Four weeks before: 100% refund (minus admin charge); Three weeks before: 75% refund (minus admin charge); Two weeks before: 50% refund (minus admin charge); One week before: no refund. In case of ‘force majeure’ TAUS may reschedule an event and registrants will receive a full refund minus administration charge of €100.

16. To register for a TAUS event, you must agree to TAUS' Terms and Conditions, Cancellations, No Shows and Termination. Customers must agree to the cancellation policy for the event in question.

TAUS DATA

17. TAUS offers tools and services for data in support of AI applications and translation automation under the name TAUS Data. These tools and services include TAUS Data for AI, Human Language Project.

These terms of use ("Terms of Use") apply to the use of the TAUS EPIC API, as defined below. Please read these Terms of Use carefully before using the TAUS EPIC API. The User (as defined in Clause 1.1 of these Terms of Use) accepts and agrees that the use of the TAUS EPIC API is governed by these Terms of Use and that it is bound by these Terms of Use.

1. Definitions

1.1 The following words and phrases shall have the meanings and definitions set forth below:

Authorized Data

Means the Language Data and Meta-Data provided by User to TAUS in the context of this Agreement for further use by TAUS and its Users.

Derivative Work

Means a work based upon one or more preexisting works, such as Authorized Data, in which a work may be recast, transformed or adapted. A work consisting of editorial revisions, annotations, elaborations and/or other modifications, which as a whole represents an original work of authorship, is a derivative work. Non-material modifications to a preexisting work do not constitute a derivative work.

TAUS EPIC API

The TAUS EPIC API receives, analyzes and returns the Language Data to the user, but does not store the Language Data. The TAUS EPIC API means the online platform, consisting of software, algorithms, data models, techniques and / or documentation that provides Meta-Data of machine and human-translated segments, such as confidence scores of target sentences, comparisons with other translations and error counts, as offered, maintained and updated by TAUS. This enables User to benchmark performance and make informed decisions.

Intellectual Property Rights

Means all copyrights, personality rights, patents, utility models, design rights, trademarks, domain names, database rights, rights concerning confidential information (including know-how) and other intellectual property rights and similar rights, both registered and unregistered and including all applications and rights to be applied for and/or to be granted, the renewal and/or expansion of, and rights to claim the priority of, such rights, and all similar or equivalent rights or other forms of protection which exists now, or in the future in any part of the world.

Language Data

Means all data consisting of a source side of the translation, and the matching target side, which have the same meaning as the source side in a different language.

Meta-Data

Means all data associated with the Language Data, such as information indicating the language pair and other pertinent information about the relevant source / target pairs.

Parties

Means TAUS and User.

Proprietary Information

Means all information, which is not known to the public concerning the business of the User and including, but not limited to, samples, recipes, prototypes, technical reports, manufacturing instructions, drawings and formulae.

Scores

Means the confidence scores and downloadable reports made available via the TAUS EPIC API. The Scores do not include any data inserted by the User.

TAUS

Means TAUS B.V., a Dutch private limited company, currently established at Oosteinde 9, 1483 AB De Rijp, The Netherlands.

User

Means a party or individual that is authorized to use the TAUS EPIC API as per these Terms of Use.

2. Right of use

2.1. TAUS grants User a non-transferable, non-exclusive right to access the TAUS EPIC API and use the information acquired through the TAUS EPIC API, subject to these Terms of Use.

2.2. The right to access and use the TAUS EPIC API is limited to the remote access to and/or use of the TAUS EPIC API by means of electronic access via the internet for purposes of processing, retrieving and leveraging the Scores.

2.3. Except as expressly stipulated in these Terms of Use or except as expressly allowed by applicable mandatory law, User may not - nor permit any third party to - (a) copy, make available, sublicense or otherwise commercialize the TAUS EPIC API and any Scores for the purpose of publicly publishing the TAUS EPIC API and any Scores, (b) modify, translate or otherwise create a derivative work of the TAUS EPIC API for the purpose of publicly publishing such modification, translation or derivative work, (c) attempt to access, copy, modify or disclose the source code of the TAUS EPIC API.

2.4. TAUS may take technical measures, such as the use of user identification and/or continuous logging and two-factor authentication, to protect the TAUS EPIC API. User may not remove or circumvent such technical measures. Further details on technical data security measures are set forth in the TAUS Privacy Policy.

2.5. TAUS shall not use Language Data collected through the TAUS EPIC API for other purposes than those specified in both this document (section 4.2) and the TAUS Privacy Policy, unless otherwise agreed between the User who uploaded the specific Language Data and TAUS. For completeness, as stated in the TAUS Privacy Policy, TAUS uses data collected from users of the TAUS services - in particular the TAUS EPIC API - for the purposes of statistical analysis, research and the provision of Scores.

2.6. User is responsible for meeting the technical and functional requirements (provided by TAUS to User) in order to be able to access and use the TAUS EPIC API. The use of the TAUS EPIC API and/or the Scores is for User's own account and risk. The electronic communication facilities used by User in order to gain access to the TAUS EPIC API (i.e. User's internet connection and internal network) is also for User's own account and risk. TAUS will take reasonable commercial measures to ensure continued availability of the electronic communication facilities and IT infrastructure it uses to run the TAUS EPIC API available with a monthly uptime percentage of at least 99.90%. Unless in case of willful intent or gross negligence, TAUS will in no event be liable for any damage, loss or costs, including loss of Scores, or any inability of User to use the TAUS EPIC API as a result of a shortcoming, defect or other malfunction of the aforesaid electronic communication facilities.

2.7. User has access to the TAUS EPIC API and the Scores for as long as User has paid a usage fee. If the User stops paying the usage fees TAUS may continue to provide the User with access to the TAUS EPIC API for a limited time and volume of usage. TAUS will invoice the User for excess volume usage and the User agrees to pay for the excess volume usage within the standard TAUS payment terms. If the User does not make new payments for the usage of the TAUS EPIC API, TAUS will stop providing access to the TAUS EPIC API.

2.8. Access to the TAUS EPIC API and usage of the Scores is restricted to Users. 

2.9. TAUS will not automatically charge User for new credit bundles. The User can buy new credit bundles in order to continue its use of the EPIC API. The User is responsible for keeping the credit bundles at an adequate level for continuous use of the TAUS EPIC API in its production environment.

2.10. Usage of the TAUS EPIC API is priced based on the number of characters that the User submits to the API. All characters that are sent to the API count toward quotas, including whitespace characters. User prepays for a specific volume of characters and the usage is then credited against the purchased volume. User can at any time purchase more volumes. Purchased credits are valid for twelve months after the purchase. TAUS does not provide refunds for unused credits. Automatic post-editing, available as an add-on service, is charged separately and calculated per source word.

2.11. The standard TAUS payment term is fourteen (14) days.

3. User's Obligations

3.1. User warrants that it will comply with all terms applicable to the use of the TAUS EPIC API and / or the Scores at all times, which includes, but is not limited to, compliance with the terms of these Terms of Use. User may not, in any case, use the TAUS EPIC API and any Scores generated and/or downloaded by User for any acts and/or conduct contrary to applicable law, irrespective of this use being in compliance with these terms. 

3.2. If User shares personal data of third parties (e.g. name, gender, nationality, phone number, e-mail address) through the TAUS EPIC API (or otherwise) with TAUS, then User is required to ensure that it can do so in a manner compliant with applicable data protection laws and to respect their privacy preferences. Please read the Privacy Policy for further information on TAUS' privacy practices.

4. Intellectual property rights

4.1. A submission of Authorized Data by a User under these Terms of Use shall be deemed such User's representation that it owns the Intellectual Property Rights in, or is otherwise authorized to submit, such Authorized Data (for instance because such data are licensed to User by a third party under terms that allow User to upload it in accordance with these Terms of Use). User indemnifies TAUS against any claims of third parties, based on the allegation that TAUS' processing of Authorized Data provided by User infringes on Intellectual Property Rights. However, User’s obligations under this Section 4.1 are subject to the following provisions: 

4.1.a. TAUS must promptly notify User in writing of the action; 

4.1.b. TAUS grants User sole control of the defense and settlement of the action unless: (i) User fails to confirm in writing within 15 (fifteen) days after the date of the notification referred to under a, that User will control the defense and settlement of the action; or (ii) the urgency of the action requires immediate response; in either of which case TAUS is entitled to control its own defense and follow such course of action as it reasonably deems necessary to protect its interests; and 

4.1.c. TAUS must provide User, at User’s expense, with all assistance, information and authority reasonably requested for the defense and settlement of the action. User will not be responsible for any compromise made or expense incurred without its consent.

Notwithstanding the terms of this Section 4.1, User will have no liability for any infringement claim of any kind to the extent that it results from: (x) modifications to the Authorized Data made by TAUS, if the infringement would not have occurred but for such modifications; (y) TAUS’s or its licensees’ use of the Authorized Data other than as authorized by (section 2.5 of) this Agreement.

4.2. User hereby grants TAUS a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Authorized Data solely for the purpose of operating the TAUS EPIC API and providing the services under these Terms of Use. User does not grant TAUS the right to use any of its trademarks, word marks, or logos, without the prior written consent of the trademark owner, whether contained in the Authorized Data or not. This license is limited to the text that comprises the Authorized Data and does not extend to, among other things, images, photographs, artwork, videos, audio, or other creative works beyond the language translation of the text on those web pages that User shares with TAUS.

4.3. All Intellectual Property Rights with respect to the TAUS EPIC API, and any Scores generated using the TAUS EPIC API, shall remain with TAUS or its licensors. User is granted a perpetual, worldwide license to use, reproduce, modify, or create derivative works, the Scores downloaded and/or generated in accordance with the Terms of Use for its own internal business purposes. 

5. Functioning of the TAUS EPIC API / Liability

5.1. The TAUS EPIC API is provided "as is" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement.

5.2. Notwithstanding anything to the contrary contained herein, liability of both parties for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid by the User, if any, during the twelve (12) month period prior to any cause of action arising.

5.3. This Article does not limit either party’s liability for direct damages caused by gross negligence or willful intent by such party, its advisory board or its executive management, as applicable.

5.4. TAUS warrants/guarantees to take reasonable steps to ensure that the data existing on the TAUS EPIC API comply with all applicable mandatory laws and regulations. Furthermore, it will, upon notification, undertake all steps necessary to cease any apparent unlawful situation, rectify any unjust or incorrect expression or do all reasonably required to prevent any breach of mandatory applicable laws otherwise.

6. Customization of Models and Data

6.1. Subject to a separate agreement between the Parties, TAUS may offer the User the option to request customization of TAUS EPIC services using the User’s Authorized Data. Such customization may include, but is not limited to, fine-tuning existing models, training new models, or adapting service components to enhance the performance of the TAUS EPIC API for the User’s specific use case.

6.2. By submitting Authorized Data for customization, User grants TAUS a non-exclusive, non-transferable, non-sublicensable license to store and process such data solely for the purpose of developing, evaluating, and maintaining customized models. TAUS shall not use the Authorized Data submitted for customization for any other purpose unless otherwise agreed in writing.

6.3. Customized models developed using the User’s Authorized Data shall be used solely to deliver services to that User and shall not be made available to, or used for the benefit of, any other User. For the avoidance of doubt, all such customized models remain the exclusive property of TAUS and shall not be transferred, licensed, downloaded, or otherwise made directly accessible to the User outside of the TAUS EPIC API, unless explicitly agreed in writing between the Parties.

6.4. Intellectual Property Rights in and to the Authorized Data shall remain with the User or its licensors. TAUS retains all rights in the TAUS EPIC API, including its underlying models, customization infrastructure, and any models or outputs developed through customization. Customized models incorporating Authorized Data may constitute Derivative Works under applicable law, and their use shall be governed by these Terms of Use or, where applicable, by a separate customization agreement between the Parties. Any data or artifacts generated by TAUS through the processing of Authorized Data shall not be shared with the User and shall be removed once no longer required for the customization service, unless otherwise agreed in writing.

6.5. TAUS shall retain the Authorized Data submitted for customization for a maximum period of six (6) months following the completion of the customization service, unless a longer period is agreed in writing between the Parties. Upon written request by the User, TAUS shall delete such data prior to the end of this period and confirm deletion in writing. Models developed through customization shall be retained by TAUS and used solely for the benefit of the User. If a customized model is no longer in use, TAUS shall remove it from its active infrastructure in accordance with its internal data lifecycle and retention policies.

7. Use of Third-Party AI Services

7.1. TAUS EPIC API service may utilize third-party Large Language Models (LLMs) as part of the functionality provided to users. These models are integrated to enhance the features and performance of our offerings.

7.2. When User submits data through TAUS EPIC API for automatic post-editing, the source and target segments will be submitted to third-party LLMs (currently OpenAI and Anthropic). While TAUS strives to select reputable providers, TAUS cannot guarantee where these providers store or process the submitted data.

7.3. TAUS ensures that its own data infrastructure complies with applicable data protection laws, including the General Data Protection Regulation (GDPR) within the European Union. However, as LLMs are operated by third-party providers, their data processing activities may fall outside TAUS direct control.

7.4. By using TAUS EPIC API services, User acknowledges and agrees that:

7.4.a User’s data may be processed by third-party LLMs located outside the EU.

7.4.b TAUS cannot assume responsibility for the data processing practices of these third-party providers, including data storage and security measures.

7.4.c TAUS is responsible for ensuring that any data submitted to the API complies with applicable legal and regulatory requirements, including those governing personal data.

7.5. To the fullest extent permitted by law, TAUS disclaims liability for any direct, indirect, or consequential loss or damage arising from the processing of User’s data by third-party LLMs.

7.6. For more details on the specific third-party providers used in TAUS services, including their privacy policies and data handling practices, User can refer to the API documentation.

8. Data Retention and Storage

8.1. Real-time API: Language Data processed via the Real-time API is not stored or persisted; such data is processed in-memory and discarded upon request fulfillment. Metadata is retained for the purposes of operational integrity, security, and performance monitoring.

8.2. Batch API: Language Data, along with any associated automated post-editing suggestions, is encrypted at rest and stored for a period of three (3) to five (5) days following request completion. The utilization of automated post-editing is entirely optional and is controlled by the user.

8.3. Deletion and Continuity: Upon the expiration of the retention window, all Language Data and automated post-editing suggestions are deleted. Metadata is stored and maintained as necessary to ensure the continuity of the service, including billing accuracy and account history.

9. Representations and Warranties of User

9.1. User hereby represents and warrants that, to the best of its knowledge, it has the right to agree with TAUS on these Terms of Use. 

9.2. User makes no representation or warranty of any nature as to the textual correctness of the Language Data.

10. Suspension and termination

10.1. User may stop using the services of TAUS at any time.

10.2. TAUS may (i) suspend access to and/or the use of the TAUS EPIC API, or (ii) terminate the granted rights to User, with immediate effect upon written notice if User breaches the terms of these Terms of Use. If the rights granted to User under these Terms of Use terminate, User shall immediately cease using the TAUS EPIC API and destroy any and all entry codes and/or passwords.

11. Miscellaneous

11.1. TAUS may amend this Terms of Use unilaterally. Any such amendments will be duly provided to the User in writing at least sixty (60) days prior to such an amendment's effective date. After the effective date, any continued use of the TAUS EPIC API by User will subsequently constitute acceptance of the Terms of Use (as amended).

11.2. In the event that one or more provisions of these Terms of Use should be determined by an arbitral tribunal or court having competent jurisdiction to be null and void or non-binding, the other provisions of these Terms of Use will continue to be effective. In such case, the parties are obliged to replace the non-binding provisions with other provisions that are binding, in such a way that the intended economic result of the new provisions differs as little as possible from the intended economic result of the original provisions, taking into account the object and the purpose of these Terms of Use. If a part or parts of the Terms of Use are rendered void, invalid or unenforceable and/or substantially impair the value of the whole Terms of Use to any Party, such Party may cancel and terminate the Terms of Use by written notice to the other party.

11.3. These Terms of Use and related agreements cannot be assigned by any Party, without the other Party’s prior written consent, such consent not to be unreasonably withheld.

12. Governing law and dispute resolution

12.1. These Terms of Use are governed by Dutch law. 

12.2. All disputes between User and TAUS with regard to this agreement shall be exclusively settled by arbitration in Amsterdam, The Netherlands, in the English language in accordance with the existing Rules of Conciliation and Arbitration of the International Chamber of Commerce by 1 (one) arbitrator to be selected in accordance with the said Rules. The parties request the ICC Court of Arbitration to attempt to appoint an arbitrator who is knowledgeable in the area of information technology; if no such arbitrator can be appointed, the normal appointment process shall apply. The award rendered therein shall be final and binding upon the parties to such arbitration proceedings. However, submission to arbitration shall not preclude the ability of either party in the first instance to seek injunctive relief pending the outcome of subsequent arbitration. The courts of Amsterdam, the Netherlands, shall have exclusive competence for a procedure of injunctive relief.

1. Introduction

These Terms & Conditions ("Agreement") govern the recurring billing mechanism for the use of TAUS EPIC API services ("Service"). By providing payment details and using the EPIC API, you ("User") agree to these terms.

2. Billing & Payment Terms

2.1 Users must provide valid credit card details to access and use the API.

2.2 Billing occurs once per month on the 25th, based on actual API usage.

2.3 Charges are deducted from the provided payment method.

2.4 Users are responsible for maintaining valid and up-to-date payment details.

2.5 Failure to provide valid payment details may result in service suspension.

3. Usage Calculation

3.1 API usage is measured based on character count for QE and word count for APE.

3.2 Billing calculations follow the pricing structure outlined on our Pricing page.

4. Pricing & Changes

4.1 The applicable pricing for API usage is listed on our Pricing page.

4.2 We reserve the right to modify pricing with 30 days' prior notice. Users will be notified of pricing changes via email.

4.3 Continued use of the API after a pricing change constitutes acceptance of the new rates.

5. Invoices & Payment Failures

5.1 Invoices will be generated at the end of each billing cycle.

5.2 Users will receive invoices via email and through the account balance page.

5.3 If a payment fails, the User will be notified and must update their payment details.

5.4 Failure to resolve payment issues within 7 days may result in service suspension.

6. Refunds & Disputes

6.1 All fees are non-refundable except where required by law.

6.2 The User must report any billing disputes within 30 days of the invoice date.

6.3 Dispute resolution requests can be submitted via accounting@taus.net.

6.4 If a valid dispute is found, adjustments will be made in the next billing cycle.

7. Subscription Cancellation

7.1 Users may stop their use of the API at any time. The credit card details can be removed through the account billing page.

7.2 Cancellation takes effect at the end of the current billing cycle.

7.3 Upon cancellation, access to the API and associated data may be revoked.

8. Service Suspension & Termination

8.1 We reserve the right to suspend or terminate service for the following reasons:

• Non-payment or unresolved billing issues.

• Violation of our API usage policies.

• Detection of fraudulent activities or abuse.

8.2 Any unpaid fees remain due even after termination.

8.3 Users may request reactivation of their accounts upon resolving outstanding issues.

9. Modifications to Terms

9.1 We reserve the right to update these Terms & Conditions with prior notice. The User will be notified of any changes via email.

9.2 Continued use of the API after modifications constitutes acceptance of the updated terms.

10. Contact Information

10.1 For any billing-related inquiries, Users may contact us at sales@taus.net.

10.2 By using our API service, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.