LanguageDesk Terms of Service

The following terms and conditions govern all use of the LanguageDesk website and all content, services and products available at or through the website. The Website is owned and operated by Milengo GmbH (“Milengo”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, LanguageDesk’s Privacy Policy) and procedures that may be published from time to time on this Site by Milengo (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using LanguageDesk. By accessing or using any part of LanguageDesk, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access LanguageDesk or use any services. If these terms and conditions are considered an offer by Milengo, acceptance is expressly limited to these terms.

Your LanguageDesk account

By creating a LanguageDesk account, you or the entity that you represent (“you”) are unconditionally consenting to be bound by and are becoming a party to these terms of use and the LanguageDesk privacy policy by reference (“agreement” or “terms of use”) between you and Milengo GmbH  (“Milengo”) for your use of the LanguageDesk owned and operated by Milengo (collectively with the site, the “service”).   This agreement applies to all users of the site or service, including users who are also contributors of content, information, and other materials or services on the site.  Provision of LanguageDesk is conditioned on creating an account and shall constitute your acceptance of the terms of the agreement to the exclusion of all other terms. If the agreement is considered an offer, acceptance is expressly limited to such terms. If you do not unconditionally agree these conditions, do not create an account. By creating an account you represent and warrant that you are authorized to bind the entity you represent.

Acceptance of Terms.

Some of the features or services offered through LanguageDesk may be subject to additional terms and conditions promulgated by Milengo from time to time; your use of such features and services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

LanguageDesk is available only to corporate entities and individuals who are at least 18 years old.  You represent and warrant that, if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful.  Milengo may, in its sole discretion, refuse to offer LanguageDesk to any person or entity and change its eligibility criteria at any time.  This provision is void where prohibited by law and the right to access LanguageDesk is revoked in such jurisdictions.

Modification of Terms of Use.

Milengo reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue LanguageDesk (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email.  Milengo may also impose limits on certain features and services or restrict your access to parts or all of LanguageDesk without notice or liability.  It is your responsibility to check the Terms of Use periodically for changes.  Your continued use of LanguageDesk following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Rules and Conduct.

Milengo offers LanguageDesk to, among other things, facilitate the translation of content (“Projects”) by connecting users on the Site seeking translation services (“Customers”) and users who provide translation services (“Service Providers”).  As a condition of use, you promise not to use LanguageDesk for any purpose other than those expressly permitted by the Terms of Use.  LanguageDesk (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own internal business purposes.  You are responsible for all of your activity in connection with LanguageDesk.  For purposes of the Terms of Use, the term “Content” includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Milengo or its partners on or through LanguageDesk.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through LanguageDesk, including without limitation any User Submission, that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; you know is false, misleading, untruthful or inaccurate; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); involves commercial activities and/or sales (other than Projects) without Milengo’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Milengo or any third party; or impersonates any person or entity, including any employee or representative of Milengo. Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Milengo in its sole discretion) an unreasonable or disproportionately large load on Milengo’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of LanguageDesk or any activities conducted on LanguageDesk; (iii) bypass any measures Milengo may use to prevent or restrict access to LanguageDesk (or other accounts, computer systems or networks connected to LanguageDesk); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on LanguageDesk; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of LanguageDesk, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of LanguageDesk, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Milengo does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through LanguageDesk.  Milengo has no obligation to monitor the Site, Service, Content, or User Submissions.  However, Milengo reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Milengo is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from LanguageDesk.


You may browse LanguageDesk and view Content without registering, but as a condition to using certain aspects of LanguageDesk you may be required to register with Milengo and select a password and screen name (“User ID”).  You shall provide Milengo with accurate, complete, and updated registration information that will include all the necessary billing information Milengo needs to invoice, collect and distribute payments related to Projects.  Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your LanguageDesk account.  You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. Milengo reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion.  You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password.  You shall never use another user’s account without such other user’s express permission.  You will immediately notify Milengo in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

By registering for LanguageDesk, you agree that Milengo may identify you as a customer on the Website and use your name in marketing and other promotional materials.  Milengo agrees not to use your trademark or logo without your prior written consent.

Fees and Payment – Customers.

Subscription Fees
Milengo requires payment of fees for certain features of LanguageDesk, including without limitation, a subscription fee for access to LanguageDesk. Should you elect to subscribe to such features (“Subscriptions”), you shall pay all applicable fees, as described on the Sites in connection with such features. Milengo reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Site. Use of LanguageDesk by you following such notification constitutes your acceptance of any new or increased charges.

You shall pay for such Subscriptions with a payment method accepted by Milengo (“Billing Details”) that you provide upon receipt of an invoice. If there is a change in the required information you supply for your Billing Details (e.g. billing address, expiration date), you may edit your Profile information by clicking by updating your LanguageDesk Settings. If your Billing Details expire or change and you do not edit your Profile information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.

As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Billing Details. The fee for Subscriptions will be billed at the beginning of your Subscription term or expiration of your free trial period, if any, whichever is earlier, and annually / at the beginning of each renewal term thereafter unless and until you cancel your Subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, go to the billing information section on LanguageDesk Settings page.

You acknowledge that the amount billed on each invoice may vary due to promotional offers, changes in your Subscription plan, and changes in applicable taxes, and you authorize us to charge your Billing Details for the corresponding amounts. If Milengo changes the subscription fee or other charges for Services from time to time, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.

All fees and charges are nonrefundable except in connection with your early cancellation of the account as further described below. Very rarely, if there are special circumstances where Milengo determines it is appropriate (e.g., the Subscription is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Milengo’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

Project Fees

Milengo is the sole provider of all translation and related services conducted through the Site related to Projects submitted by Customers (each a “Transaction”), unless otherwise indicated under Vendor Selection when creating a project.

Milengo shall e-mail invoices for each completed Project to you, which you agree to pay to Milengo no later 30 days from the date Milengo sends you the invoice via e-mail.  You shall pay all fees associated with Projects you submit on the Site, including the LanguageDesk platform fee.  You warrant that any Payment Method selected by you when entering into a Transaction shall enable you to make full and immediate payment for the requested products or services.

Milengo retains the right, but does not have the obligation, to immediately halt the offering or sale of any goods or services, prevent or restrict access to  LanguageDesk or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on LanguageDesk, or for any other reason in the sole and absolute discretion of Milengo.

Additional Fees.

In addition to the fees set forth above, Milengo reserves the right to require payment of fees for certain additional features of LanguageDesk. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Site in connection with such features. Milengo reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Site. Use of LanguageDesk by you following such notification constitutes your acceptance of any new or increased charges.

Content and License.

You agree that LanguageDesk contains Content specifically provided by Milengo or its partners (“Milengo Content”), and that such Milengo Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.  You shall abide by and maintain all copyright notices, information, and restrictions contained in any Milengo Content accessed through LanguageDesk.

For Milengo Content, Milengo grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Milengo Content, solely for personal, non-commercial use.  Use, reproduction, modification, distribution or storage of any Milengo Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Milengo, or from the copyright holder identified in such Milengo Content’s copyright notice.  You shall not sell, license, rent, or otherwise use or exploit any Milengo Content for commercial use or in any way that violates any third party right.

Intellectual Property Rights


LanguageDesk provides you with the ability to create Projects on the Site.  Milengo will not have any ownership rights of your Projects, however, Milengo needs the following license to perform translation and related tasks.  You hereby grant to Milengo the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to) (i) use, host, display, and otherwise perform translation and translation and related tasks on your behalf (e.g., use, host, transmit, copy, display, feature, distribute and otherwise (“Host”) the Project, along with all associated copyrightable works or metadata, including without limitation any artwork, photographs, graphics, and descriptive text in connection with your Project.  Subject to LanguageDesk’s compliance with the terms of this Agreement and for the sole purpose of completing the Project on your behalf, you hereby grant Milengo for the purposes of completing the Project and its internal business purposes, the limited, revocable, non-exclusive right to download, copy, create derivative works of, display, feature, and distribute (solely to Milengo and to you) the Projects.

By uploading any Project or Submitting any User Submission to the Site: you represent and warrant, and can demonstrate to Milengo’s full satisfaction upon request, that (i) you own or otherwise control all rights to all content in such Project, or that the content in such Project is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in such Project, (iii) you have permission to use the name and likeness of each identifiable individual person, if any, whose name or likeness is contained or used within the Project, and to use such individual’s identifying or personal information (to the extent such information is used or contained in the Project as contemplated by these Terms of Use, and (iv) you are authorized to grant all of the aforementioned rights to the Project to Milengo and you represent and warrant that the use or other exploitation of such Projects by Milengo and/or by users of the Site as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.


Milengo may terminate your access to all or any part of LanguageDesk at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.  If you wish to terminate your account, you may do so by following the instructions on the Site.  Any fees paid hereunder are non-refundable.  All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer.

Milengo has no special relationship with or fiduciary duty to you. You acknowledge that Milengo has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content or information relating to any Project or completed Project; or what actions you may take as a result of having been exposed to the Content. You release Milengo from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Milengo makes no representations concerning any Content contained in or accessed through the Site, and Milengo will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or LanguageDesk.

LanguageDesk is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.  Milengo, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) LanguageDesk will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through LanguageDesk is free of viruses or other harmful components; or (d) the results of using LanguageDesk will meet your requirements.  your use of LanguageDesk is solely at your own risk.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Electronic communications privacy act notice (18usc 2701-2711): Milengo makes no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site. Milengo will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Milengo’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of LanguageDesk.


You shall  defend, indemnify, and hold harmless Milengo, its affiliates and each of its, and its affiliates  employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content (including without limitation Projects) or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity.  Milengo reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Milengo in asserting any available defenses.

Limitation of Liability.

In no event shall Milengo, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to LanguageDesk (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one-hundred u.s. dollars ($100.00).  some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you, because milengo is not the buyer or seller in any transaction, if a dispute arises between one or more participants in a transaction, you release milengo (and its affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.  if you are a california resident, you waive california civil code §1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” you, being aware of said code section, hereby expressly waive any rights you may have thereunder, as well as under any other statues or common law principles of similar effect. you acknowledge and agree that this waiver is an essential and material term of this agreement, and that without such waiver, this agreement would not have been entered into by milengo. Because Milengo is not the buyer or seller in any actual Transaction between Customers and Service Providers and is not the agent of either for any purpose, Milengo does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such Transaction. International/Non-California Use.

Milengo makes no representation that the Content is appropriate or available for use in locations outside of California, and accessing LanguageDesk is prohibited from territories where such Content is illegal.  If you access LanguageDesk from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute Resolution.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  You and Milengo agree that any cause of action arising out of or related to LanguageDesk must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America.  Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith.  Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.  Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.  For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts of or state courts located in the Northern District of California. Use of LanguageDesk is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

Integration and Severability.

The Terms of Use are the entire agreement between you and Milengo with respect to LanguageDesk and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Milengo with respect to the Site.  If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.  The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.


Milengo shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Milengo’s reasonable control, including, without limitation, mechanical, electronic or communications failure.  The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Milengo’s prior written consent.  Milengo may assign, transfer or delegate any of its rights and obligations hereunder without consent.  No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.  In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees.  All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

You may contact LanguageDesk at the following address: Milengo GmbH, Wilhelmine Gemberg Weg 5-7, Berlin, 10179

Effective Date: January 1, 2021