DingTalk Machine Translation Service User Agreement
March 23, 2020
Important notes: Welcome to use DingTalk Machine Translation Service (hereinafter the “Service”). Please read this DingTalk Machine Translation Service User Agreement (hereinafter the “Agreement”) carefully before you use the Service. Your use of the Service means that you have fully read, acknowledged and agreed to accept all terms of the Agreement. If you do not agree with the Agreement, please stop using the Service.
In mainland China, the Service is owned, operated and managed by DingTalk (China) Information Technology Co., Ltd., DingTalk Technology Co., Ltd. and their s. If you reside in mainland China, this Agreement shall be executed by and among DingTalk (China) Information Technology Co., Ltd., DingTalk Technology Co., Ltd. and you.
In countries and regions outside mainland China, the Service is owned, operated and managed by DingTalk (Singapore) Private Limited and its s. If you reside in a country or region outside mainland China, this Agreement shall be executed by and between DingTalk (Singapore) Private Limited and you.
DingTalk (China) Information Technology Co., Ltd., DingTalk Technology Co., Ltd., DingTalk (Singapore) Private Limited and their s are collectively referred to as “DingTalk Company”. DingTalk Company reverses the right to amend this Agreement and such amendments will be effective immediately upon the publication of the relevant announcement. You agree to read this Agreement from time to time to understand relevant amendments, and your continued use of the Service will be deemed acceptance of the amended version of the Agreement.
- Definitions
The Service offers multilingual translation services to users and developers, including text translation, image translation, voice translation, certificate translation and other types of translation services. The Service under the Agreement shall, in particular, refer to the service provided by DingTalk Company to translate the content that you provide, enter, select or transmit into the language that you selected and provide the translation results to you.
- Obligations of Users
- When using the Service, you undertake to comply with all applicable laws, regulations, international practices and conventions, as well as relevant rules and agreements. You shall only use the Service for lawful purposes, and shall not use the Service to infringe any third party’s lawful rights and interests or for any illegal purposes.
- You undertake not to take or attempt to take any action that may infringe the intellectual property of DingTalk Company.
- You undertake not to do anything that may cause damage or attempt to cause damage to the security of the network.
- You undertake to bear all legal liabilities arising from your violation of the above-mentioned obligations. You undertake to indemnify and hold DingTalk Company harmless from all relevant liabilities, losses and other adverse consequences that DingTalk Company may suffer due to your violation of the above-mentioned obligations.
- When you activate the Service, you grant to DingTalk Company a worldwide, perpetual, royalty-free and irrevocable license to collect, copy, use, host, store and translate any voice, text, image or file information that you enter, publish, display, , store, submit, send or receive for the purpose of translation (collectively as “User Content” or “Content”). The license you granted hereby will only authorize DingTalk Company and third parties engaged by it for purpose of fulfillment, optimization and improvement of the Service. You acknowledge and warrant that you have the lawful, necessary, sufficient and valid right to grant the foregoing license to DingTalk Company.
- When using the Service, you agree to provide DingTalk Company the Content to be translated that you provide, enter, select or transmit , and you agree to authorize DingTalk Company to collect, copy, use, host, store and translate such Content. The process of collecting, copying, using, hosting, storing and translating such Content is necessary to enable the translation function. DingTalk Company will then provide you in return with the translation result based on the language selected by you upon the completion of the relevant processing. If you disagree with the foregoing, you will not be able to use the Service. You should fully understand the functionality of the product and its information protection strategy before you activate and use the Service.
- Disclaimer
- The Service generates translation result based on a machine algorithm model developed to learn corpus features. The translation result is provided automatically by the machine, not manually collated and edited. DingTalk Company makes no representation or warranty as to the accuracy and legality of the translation result of the Service and shall not bear any legal liabilities arising from any error, omission or improper expression in the Service unless expressly specified otherwise by the law. You shall bear the risk and responsibility for using the Service.
- The Service automatically generates the corresponding translation result for the Content that you provide, enter, select or transmit. Nothing in this represents that the Service or DingTalk Company endorses such Content or translation result. You shall take all responsibilities for the losses or damages caused by any infringement, alleged infringement, other violations of laws and regulations, as well as disputes, lawsuits or arbitration resulting from the Content that you provide, enter, select or transmit or the translation result. In no event DingTalk Company shall bear any liabilities unless otherwise stipulated by the law.
- DingTalk Company respects and protects the personal data of all users that use the Service and will not use User Content for any purposes other than to perform this Agreement.
- DingTalk Company tries its best to ensure the stability of the Service. In the event of termination or malfunctioning of the Service due to thefailure of the system or any force majeure factors, DingTalk Company disclaims all responsibility and liability for any disputes or losses that may occurr to any user. DingTalk Company reserves the right to suspend all or any part of the functionality of the Service for the purpose of repair, upgrade or other purposes, and the right to request a reasonable fee to its users for using the Service in the future.
- The Service may be provided by a third-party vendors engaged by DingTalk Company.
- Rights of Users
You can send a written notice (the “Notice of Rights”) to DingTalk Company if you are of the opinion that the Service infringes any of your legitimate right or interest. DingTalk Company will delete or amend the translation result pursuant to applicable laws, regulations and government regulatory documents. To faciliate DingTalk Company to efficiently process the Notice of Rights, please follow the below instructions for the written Notice of Rights to DingTalk Company :
- Please provide the materials that evidence your trademark right, copyright and/or other rights that you can exercise upon the content that is alleged to infringe your rights;
- Please fully and clearly describe the content that is alleged to infringe your lawful rights and interests and provide the related content you entered or transmitted and the respective translation results;
- Please indicate that the allegedly infringing translation result has infringed your lawful rights and interests as listed in sub-section 1 above;
- Please provide details of your contact information, including real name, mailing address, telephone number, fax and email address.
- Please add the following statement regarding the authenticity of the Notice of Rights:
- (a) I am the lawful owner of the content involved;
- (b) the relevant content of DingTalk’s machine translation service has infringed my lawful rights and interests;
- (c) I confirm that I will bear all the relevant legal liabilities should anything in the Notice of Rights is not entirely true.
- Please add the following statement to the Notice of Rights:
"I represent and warrant that the information in the Notice of Rights is complete, true and correct, and I am the lawful owner of the rights in and to the alleged infringing content referred to in the Notice of Rights." or "I represent and warrant that the information in the Notice of Rights is complete, true and correct, and I am authorized to exercise the rights and interests upon the alleged infringing content as set out in item 2 above."
- Please sign the Notice of Rights, and if you are an institution or an organization established by the law, affix the company stamp on it.
Please send the complete Notice of Rights that contains the above-mentioned 7 items, relevant materials as well as your true and accurate contact information to the following address in writing:
- Building No. 5, Future Park, Gaojiao Road, Wuchang Street, Yuhang District, Hangzhou City, Zhejiang Province of the People’s Republic of China.
- Email:dingtalkteam@alibaba-inc.com
If any of the statements made in the Notice of Rights is not true, you shall bear all the relevant legal liabilities (including compensating various expenses and attorneys' fees, etc.). If you are unsure whether the Service infringes your legitimate rights and interests, we advise you consult with a professional first.
- Miscellaneous
- If any provision of this Agreement is deemed invalid or unenforceable, such provision will be severed and the remaining provisions of the Agreement are still in full force and effect.
- DingTalk Company reserves the right to, in light of its operational status, transfer all of its rights and obligations under the Agreement to its (s) (the scope of s is limited to subsidiaries, branches and holding companies of DingTalk Company as well as any company that is directly or indirectly controlled by the same parent company of DingTalk Company) by sending a notice to users [7] business days prior to such transfer.
- If you are from mainland China, this Agreement shall be governed by the laws of the Peoples Republic of China (the “PRC”) and any disputes arising from or related to the performance of the Agreement shall be subject to the exclusive jurisdiction of courts in the PRC. If you reside in a place outside mainland China, this Agreement shall be governed by the laws of Singapore, without referring to the provisions of its conflict of laws.
- This Agreement is part of the DingTalk Terms of Service and DingTalk Privacy Policy. If the Agreement is not clear to some points, the provisions of DingTalk User Agreement and the DingTalk Privacy Policy shall apply.