Welcome to ByLyngo and thank you for choosing our site. ByLyngo, LLC ("ByLyngo") offers a mobile interpreting platform though which an interpreter can access an array of prospective clients who can benefit from live interpretations to the Client s mobile device or computer. This Agreement for ByLyngo to Facilitate Interpretations (the "Agreement") sets forth the terms upon which ByLyngo will include an Interpreter in ByLyngo’s roster of Interpreters and to individuals interested in using the services of ByLyngo interpreters (“Clients”). Each User acknowledges that this Agreement constitutes the legal contract between such User and ByLyngo applicable to all activities on, through, related to or flowing from any Use of the ByLyngo Mobile Interpreting Platform, a ByLyngo-facilitated Interpretation or the Content thereof. If any User is unable or unwilling to accept the terms or conditions in this Agreement then such User should immediately cease any Use of the ByLyngo Mobile Interpreting Platform, participation in a ByLyngo-facilitated Interpretation or Use of the Content thereof. This version of this Agreement is effective as of February 3, 2015.

By registering for our site, you are hereby agreeing to the following terms and conditions:

DEFINITIONS. This Agreement uses a few terms that warrant definition, which will have the following meanings when used in this Agreement (including the preamble):

"Client" is any Person who registers for or applies to Use the ByLyngo Mobile Interpreting Platform or who initiates or attempts to initiate, directs the initiation of, pays for or benefits from any ByLyngo Mobile Interpreting Platform Services.

"ByLyngo Content" means and includes all content of or available from or at a ByLyngo Site, including without limitation all designs, drawings, specifications and other text graphics, images, videos, audios, contact details and/or other information of any kind, "look and feel", legally protectable items such as trademarks, service marks and copyrightable material, and the selection and arrangement of any or all of them.

"ByLyngo Mobile Interpreting Platform" means the software and technical infrastructure designed, written and/or implemented by or on behalf of ByLyngo that permits an Interpreter working from a desktop computer to provide interpreting services with Speakers who are using mobile devices or computers, and all of the code and electronic protocols and prompts associated therewith, whether resident in the "cloud," on the Interpreter's or ByLyngo's computers or servers or on a Speaker's or a Client's mobile device or computer, and the associated aspects of any ByLyngo Portal.

"ByLyngo Mobile Interpreting Platform Services" servers or on a Speaker's or a Client's mobile device or computer, and the associated aspects of any ByLyngo Portal.

"ByLyngo Portal" means the ByLyngo.pro website, any ByLyngo mobile or smart-phone application or any other website or application owned or operated by or on behalf of ByLyngo, whether or not registration is required for the particular Visit or Use. The portions of a ByLyngo Portal that enable or provide functionality of, are used by or are necessary for performance or delivery of ByLyngo Mobile Interpreting Platform Services shall also be considered to be part of the ByLyngo Mobile Interpreting Platform.

"ByLyngo Site" means either a ByLyngo Portal or the ByLyngo Mobile Interpreting Platform or any or all of them.

"Content" of an Interpretation means and includes any and all visual and aural information contained in the words spoken by either a Speaker or Interpreter during an Interpretation (and/or in any visual or verbal expressions or aids used by either).

"Interpretation" means an interpretation into another language (or sign language) by an Interpreter of the words spoken or signed by a Speaker during an Interpretation. A "ByLyngo-facilitated Interpretation" means an interpretation conducted on or through the ByLyngo Mobile Interpreting Platform, but it is separate and distinct from ByLyngo Mobile Interpreting Platform Services.

"Interpreter" means an individual who registers for or applies to provide interpreting services or who interprets the words spoken or signed by a Speaker during an Interpretation and re-speaks or signs those words in another language. If an individual Interpreter is acting for or through an employer or agent then the term "Interpreter" also includes the employer or agent, and the Interpreter accepting this Agreement represents and warrants that he or she has the actual authority to bind such employer or agent to this Agreement.

"Person" means any individual or any legal entity.

"Speaker" means an individual who speaks or signs words during an Interpretation that are re-spoken or signed by an Interpreter in another language. The "Speaker" may or may not be the same individual as the Client.

"Use" or "Using," as in Using the ByLyngo Mobile Interpreting Platform, means each and every incident of initiating, conducting and/or participating in a ByLyngo-facilitated Interpretation; Visiting listening, recording, copying, playing or replaying, sending, posting, sharing, editing, filing, acting upon, commercializing, benefiting from or using a ByLyngo-facilitated Interpretation for any Content thereof) or a video or audio recording of all of part thereof, directly or indirectly; uploading or downloading information to or from, exchanging data or otherwise communicating with or through or interacting with any ByLyngo Site.

Uses the ByLyngo mobile Interpreting mobile Platform or a ByLyngo Site. The term "User" includes Visitors, Clients, Interpreters and Speakers, as the context suggests or permits.

"Visit" or "Visit" or "Visiting" a ByLyngo Site means each and every incident of access, display, viewing, browsing and otherwise interacting with the ByLyngo Site, directly or indirectly.

"Visitor" means any Person who Visits (or attempts to Visit) a ByLyngo Site.

ACCOUNT REGISTRATION.

In order to access certain features of the ByLyngo service, you must register to create an account ("Account"). You must be at least eighteen (18) years of age to register for a ByLyngo account. If you create an Account, you agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your Account. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify SDL of any unauthorized use of your Account.

If you wish to purchase any services through the ByLyngo Service, ByLyngo will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in the Privacy Policy , as defined below. All information that you provide to ByLyngo or any third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred.

If you do not agree with all of the Terms and Conditions set forth on this page, please do not register for ByLyngo. Anyone who does not agree to submit to ByLyngo’s terms and conditions is not eligible to be a registered user of our site.

LICENSE.

If you are eighteen (18) or older, we grant you a limited, revocable, nonexclusive, non assignable, nonsublicensable license to access ByLyngo. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from ByLyngo, excluding content you create, and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.

PURPOSE OF BYLYNGO.

ByLyngo is an online service that assists Clients in locating translators or interpreters. ByLyngo provides access to a network of interpreters to Clients in need of in person, on-line, telephone and written translation services.

PAYMENT.

Users who agree to use ByLyngo translation services agree to honour the fees listed on ByLyngo. ByLyngo shall collect from Users the fee earned by the Interpreter for participating in ByLyngo sessions and shall pay the fee to the interpreter (only from collected funds), payable in USD (United States Dollars), using an on-line payment system such as PayPal. The amount of the fee shall be calculated at ByLyngo’s standard rate or as otherwise agreed. Any exchange fees, service fees, PayPal fees, credit card transaction fees, any conversion U.S. Dollars, VAT or taxes, and similar fees may be deducted from the Interpreter’s account. ByLyngo is not responsible for any errors made by the payment processor or similar service provider.

Users are responsible for all tax obligations per the income tax provisions in your jurisdiction. Interpreters are responsible for paying any and all applicable taxes on earnings through ByLyngo.

Clients are responsible for ensuring that all payments made through ByLyngo are from a valid payment source with sufficient funds to cover the transaction. ByLyngo Clients agree to refrain from making “chargebacks” from their credit card. Instead, ByLyngo Users agree to contact ByLyngo immediately in the event of any payment dispute. Users agree that in the event of any denied payment or unjustified charge back the User bears sole responsibility for making the payment if the User is a Client or for collecting the payment if the User is an Interpreter. Interpreters have full discretion when collecting failed payments and may pursue all remedies legally available to them in order to be compensated for their services.

If a dispute regarding services occurs, the parties are encouraged to resolve the dispute. ByLyngo will not be responsible for any dispute resolution between Users. Should a dispute arise Users may use all means legally available to them in order to resolve the dispute.

Users agree to adhere to the payment schedules and billing processes established by ByLyngo and not deviate from those terms. Should Users decide to agree to a fee or payment method outside of ByLyngo, the Users will be considered in breach of this Agreement and their membership with ByLyngo will be terminated immediately. In addition, any transaction which is found to violate any of these standards will not be subject to any of the protections provided to Users by ByLyngo through this Agreement.

Clients also agree to adhere to the ByLyngo payment policies and agree and understand that failure to do so will result in immediate termination of their ByLyngo account. Failure to complete payment in a transaction will subject the Client to termination by ByLyngo, and also any forms of legal recourse which the Interpreter chooses to pursue to obtain the payment that is due.

CANCELLATION.

All users agree that failure to pay for a transaction or complete a transaction will result in immediate suspension of a user’s account. Reinstatement of such accounts will be done at the sole discretion of ByLyngo.

Clients may cancel paid sessions for a full refund with prior notice of at least 72 hours in advance of the scheduled session.

Interpreters who are unable to keep a scheduled session must contact our scheduling department no later than 72 hours before your scheduled session. If there is an emergency and you are unable to fulfil your scheduled session please call 1-800-735-0596 as soon as possible. Two or more cancellations with less than 72 hours prior notice will result in cancellation of your account.

CONDUCT.

As a user of the ByLyngo you agree to engage in respectful conduct. ByLyngo users must not post or share obscene materials, nor advertise or seek any services or goods that are prohibited by law. You agree not to harass, threaten or attempt to intimidate other users. You agree that if while using the ByLyngo site or engaging in transactions arising from your use of the site, you violate any of these provisions, ByLyngo has the right to terminate your access to the site. ByLyngo has full and final discretion in determining conduct that is inappropriate for this website. ByLyngo has the right, at any time, to monitor and/or moderate the activity of users of this site.

Users of ByLyngo agree to refrain from posting misleading, fake, false, inaccurate, defamatory or offensive content. Users agree to refrain from violating the law in any way and from infringing upon the rights of others or the policies of ByLyngo.

Users agree that they will not collect information about other ByLyngo users, export any information from the ByLyngo website including feedback and ratings for any purpose unrelated to ByLyngo. Users will not perform any activity that will harm the systems, software of equipment of ByLyngo and its registered users including but not limited to hacking activities, attempts to breach ByLyngo security systems and inducing viruses, malware, spyware or any other harmful material. ByLyngo is a website intended to be used for the posting of peer to peer translation or interpretation services. Any other activities will be considered to be for a purpose other than that of ByLyngo and will subject the user to termination of their account.

INTERPRETER RIGHTS AND RESPONSIBILTIES.

Each Interpreter participating in a ByLyngo-facilitated Interpretation agrees that Interpreter is providing interpreting services directly to Client Interpreter does not provide the interpreting services to ByLyngo. The Interpreter acknowledges and agrees that ByLyngo does not provide the interpreting services to Client. Interpreters are not employees of ByLyngo but rather are independent contractors, acting on behalf of themselves (or possibly for an employer or through an agent) in providing ByLyngo-facilitated Interpretations to Client. Each Interpreter warrants that Interpreter holds all licenses (if any) required in Interpreter's location to provide interpreting services.

However, Interpreter agrees, for the benefit of ByLyngo and Client, that Interpreter will not accept opportunities for which Interpreter is, not actually qualified (even when ByLyngo's systems do not recognize this). Each Interpreter agrees that if after an Interpretation commences. Interpreter determines that Interpreter is not actually qualified for the Interpretation; the Interpreter will advise Client to ask for a replacement. Interpreter also agrees to return an Interpretation opportunity to the ByLyngo system for reassignment if the Interpreter learns in advance that Interpreter will not be available at the scheduled time for any reason.

Each Interpreter represents and warrants to ByLyngo and all Clients that Interpreter will provide interpreting services to Client (i) in accordance with customarily accepted professional interpretation principles and the standard of care that would be exercised by other professional interpreters on similar projects, and (ii) in compliance with all applicable professional codes of conduct such as industry associations to which Interpreter belongs and any cede of conduct that ByLyngo adopts. However, Clients have acknowledged to ByLyngo that interpretation is a subjective process that involves personal language preferences and is influenced by context culture and experience.

Interpreter understands that ByLyngo will collect evaluations from Clients regarding the interpreting services provided by Interpreter. Interpreter agrees that ByLyngo may collect, process, retain and distribute publicly any and all such evaluations and any information and opinions contained in or synthesized from such evaluations. Interpreter hereby grants ByLyngo a royalty-free, worldwide, sub-licensable, irrevocable license in and to such evaluations and information and opinions (to the extent of Interpreter's rights therein or ownership thereof).

ByLyngo has indicated to Client that ByLyngo will always assign Interpreter to a Client in Interpreter's language pair, if Interpreter brought Client to ByLyngo in "private mode." Client has also agreed with ByLyngo that Client cannot switch Interpreters in Interpreter's language pair, if Interpreter brought Client to ByLyngo in "private mode." However, Interpreter does understand that it could be impractical to legally enforce Client's commitment in this regard and agrees that ByLyngo has no responsibility to do so (and nor is ByLyngo responsible if Client re-registers with ByLyngo as a Client outside of Interpreter's "private mode").

ByLyngo encourages Interpreter to perform in-person Interpretations with Clients obtained through ByLyngo and likewise encourages Clients to offer such opportunities to ByLyngo's Interpreters However Interpreter agrees that if Interpreter performs an Interpretation for a Client obtained through ByLyngo outside of the ByLyngo Mobile Interpreting Platform, then ByLyngo shall be entitled to receive (and Interpreter will ensure that ByLyngo is paid) a fee equal to 33% of the total consideration paid for such interpreting services.

Interpreters warrant and agree to deliver scheduled services to the best of their ability and to notify any client which the Interpreter believes he or she cannot provide timely and high quality service to.

CONFIDENTIALITY.

Interpreters agree that during the term of the service to the Client and thereafter, except as expressly authorized in writing by Client, Freelancer (a) will not use or permit the use of Confidential Information (as defined below) in any manner or for any purpose not expressly set forth in the terms of the ByLyngo transaction agreed upon by the Users; (b) will not disclose or permit others to disclose any Confidential Information to any third party without first obtaining Client’s express written consent; and (c) will limit access to Confidential Information to the Interpreter and any of the interpreter’s personnel who need to know such information in connection with providing the Freelancer Services to Client. “Confidential Information” means all information related to Client’s business and prospects or related to a Work Product delivered or agreed to be delivered from Interpreter to Client, including, without limitation: (i) Client Materials; (ii) trade secrets, inventions, ideas, processes, computer source and object code, formula, data, programs, other works of authorship, know-how, improvements, discoveries, developments, designs, and techniques; (iii) information regarding products or plans for research and development, marketing and business plans, budgets, financial statements, contracts, prices, suppliers, and customers; (iv) information regarding the skills and compensation of Client’s employees, contractors, and any other service providers; (v) information designated by Client, either in writing or orally, as Confidential Information, (vi) the existence of any business discussions, negotiations, or agreements between Client and any third party; and (vii) all such information related to any third-party that is disclosed to Client or to Interpreter during the course of or in connection with the Job or pursuant to the Terms of Service. Notwithstanding the foregoing, it is understood that Interpreter is free to use information that is generally known in the trade or industry, information that is not gained as a result of a breach of the Member Contract, and Freelancer’s own skill, knowledge, know-how, and experience. Confidential Information does not include information that was known to Interpreter prior to Client's disclosure hereunder or that becomes publicly available through no fault of Interpreter.

CONTENT.

ByLyngo is not responsible for (and does not endorse) the Content of any ByLyngo-facilitated Interpretation or the accuracy or usefulness thereof or any intellectual property rights associated therewith. Interpreter agrees that Interpreter will not provide any new Content in any ByLyngo-facilitated Interpretation that is copyrighted by another Person or that is subject to another Person's proprietary rights, unless Interpreter has all required permission therefor from the rightful owner(s) of such intellectual property rights.

Interpreter agrees that Interpreter will not Use the ByLyngo Mobile Interpreting Platform Services for or to facilitate any Interpretation or other conduct that is illegal either in the U.S. or in the jurisdiction where Interpreter is located. Interpreter further agrees not to conduct any Interpretation that (or which contains Content that): (i) is libellous, defamatory, disrespectful, obscene, pornographic, abusive, hateful, repetitive, illegal, etc.; (ii) discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc.; (iii) constitutes a personal attack or violates any personal rights of any Person; or (iv) infringes on or plagiarizes any copyright trademark or other proprietary right or breaches any confidentiality commitment.

ByLyngo reserves the right to report the Content of an Interpretation and to provide information about any User participating therein to regulatory and law enforcement agencies and/or to take other related actions not prohibited by law; provided, however, that ByLyngo does not (and shall not have any responsibility to) monitor Interpretations for illegal conduct

The Content of the ByLyngo Portals and the ByLyngo Mobile Interpreting Platform and the service marks associated with the ByLyngo Mobile Interpreting Platform Services or ByLyngo-facilitated Interpretations are owned by ByLyngo (and ByLyngo reserves all rights not expressly granted therein).

USE & GENERAL RESTRICTIONS.

ByLyngo will be available to users who are ages eighteen (18) and older. No user account will be created for a user under the age of eighteen (18). Furthermore, if any user account is later found to be used or accessed by a user under the age of 18, the account will immediately be terminated. As a registered user of ByLyngo you agree (1) not to use the ByLyngo website for any illegal purpose (2) not to share material, including photos, videos and text that is illegal (3) not to share material that you do not have the right to provide, transmit or distribute and (4) to refrain from any activity that may expose ByLyngo, ByLyngo users or yourself or others to harm or liability. By downloading this application you agree to use ByLyngo for its intended purposes only. Users will not perform any activity that will harm the systems, software of equipment of ByLyngo and its registered users including but not limited to hacking activities, attempts to breach ByLyngo security systems and inducing viruses, malware, spyware or any other harmful material. ByLyngo is a website intended to be used for the posting of peer to peer shipping services for sale or trade. Any other activities will be considered to be for a purpose other than that of ByLyngo and will subject the user to termination of their account.

ACCOUNT SECURITY

Users are responsible for keeping their account information secure. You will be responsible for all activity occurring under your registered account whether or not it is performed by you. You must notify ByLyngo of any unauthorized use of your account immediately.

You must never post your phone number, email address, social media URL’s or social media username, LinkedIn profile, Facebook Page, Twitter Handle to your profile or share any contact information with any user.

Unless you have a prior relationship with a User, you must only communicate with Users via the Website. You must not, and must not attempt to, communicate with other use through any other means such as telephone, email, Skype, ICQ, text messaging, MSN Messenger, GTalk, Yahoo, and AIM.

PRIVACY

ByLyngo values and respects the privacy of its users. ByLyngo hereby agrees to follow all reasonable means to protect the privacy of its users as described in the ByLyngo Privacy Policy

IDENTITY

You authorize ByLyngo, directly or through third parties, to make any inquiries we consider necessary to validate your identity.

All Users must provide, at our request, provide copies of identifying documents to verify your identity. Interpreters specifically agree to provide any documentation requested regarding their credentials and/or certifications which make them suitable to provide services for Clients through the ByLyngo platform.

We reserve the right to suspend, limit or close your account in the event we are unable to obtain or verify to our satisfaction the information we request under this section.

SALES

You agree that by choosing to enter into a transaction for translation with ByLyngo user, you are assuming full risk for the transaction and ByLyngo is not responsible for the conduct of any of its users.

SOCIAL MEDIA.

Our social media pages/channels (Facebook, Twitter, LinkedIn, FlickR, and YouTube) (“Sites”) are a place for you to learn more about ByLngo. Neither ByLyngo nor any of its subsidiaries are responsible for third party content posted or appearing on these Sites, including but not limited to content and links posted by users. ByLyngo does not control or endorse nor is it responsible for third party content and makes no representations regarding the accuracy of content, information, opinions, claims, or advice shared by ByLyngo fans.

ByLyngo does not condone or allow use of social media community space for content not related to Boeing. We reserve the right to remove postings that are: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive or misleading; (c) in violation of copyright or intellectual property laws; (d) contain advertising or SPAM; (e) and any other content that ByLyngo may deem inappropriate.

ByLyngo reserves the right to ban and block individuals who do not follow these basic rules of engagement.

DISCLAIMER.

You agree and understand that states may have individual laws protecting its consumers and limiting the ability of consumers to waive certain rights. ByLyngo respects and honors these laws and will not consider any right waived if such waiver is expressly prohibited by law in the user’s jurisdiction.

LIABILITY

You hereby agree that any claim, cause of action or dispute relating to the Terms and Conditions of ByLyngo or your use of our application will be governed by the laws of. You agree to submit personal jurisdiction to the state and federal courts of and waive your right to remove any such claims or actions to another jurisdiction. You also agree that any claims or actions must be brought within one (1) year of the date of the incident complained of. If said claims are not brought within one year, you agree that said claims are forever and irrevocably waived by you and your heirs, agents and assigns.

As a registered user you hereby agree that you are solely responsible for your actions.

INDEMNITY

You agree to indemnify ByLyngo for any and all claims arising out of your actions or use of the ByLyngo website, including any transactions agreed to inside the site.

RIGHT TO TERMINATION.

You agree that ByLyngo has the exclusive right to terminate your use of the site at any time and for any reason. ByLyngo will notify users whose access is terminated via email. If your ByLyngo account is terminated for any reason other than inactivity, ByLyngo reserves the right to ban a User from all future use of the site, including re-registering with ByLyngo under a new account.

If a User Account has not been logged in to for a period of six (6) consecutive months, the user account will be considered inactive and will be terminated by ByLyngo. Users who have their accounts terminated due to inactivity will not be restricted from re-registering for a new account.

RESERVATION OF RIGHTS

ByLyngo reserves the exclusive right to make changes to the ByLyngo site, its platform, terms and conditions or services at any time without notice. ByLyngo users are responsible for reviewing the Terms and Conditions on a regular basis to be advised of any changes.

SEVERABILITY.

If any provision of this Contract is held unenforceable, then such provision will be modified to reflect the partie's intention. All remaining provisions of this Contract shall remain in full force and effect.

FEEDBACK

ByLyngo welcomes your feedback. Any feedback provided ByLyngo including but not limited to ideas, suggestions, improvements or questions will not be treated as confidential and will become the sole property of ByLyngo regardless of the nature of the information. Any information considered by a user to be his or her own intellectual property will become the intellectual property of ByLyngo immediately upon submission to ByLyngo. Users who submit material of any type of ByLyngo will not be entitled to compensation of any kind. ByLyngo will have the sole right to reproduce, utilize, share any feedback submitted by users. ByLyngo will also have the sole right to create derivative works based upon user feedback. User feedback may be submitted to bylyngo.com

PROTECTION OF USER RIGHTS

ByLyngo is committed to protecting its users against infringement. ByLyngo will comply with the Digital Millennium Copyright Act and all other intellectual property laws when notified of an alleged infringement by a user. ByLyngo will investigate all such allegations and will take appropriate actions including removing or disabling access to the materials involved in the infringement. You should report any materials available on ByLyngo that infringe on any copyright you own or control or that makes a link available to an external site that contains copyrighted material that you own or control. Notice of alleged infringements must be reported to ByLyngo in writing and sent to ByLyngo via fax or regular mail. This notice must include the signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work you are alleging to be infringed upon; a description of the location where the infringed material is located on the ByLyngo site; detailed contact information for the person authorized to act on behalf of the owner of the copyright interest; and a signed statement by the person authorized to act on behalf of the copyrighted interest stating that the infringement report is being made in good faith and that the information contained in the infringement report is accurate and that you are the owner of the copyrighted interest or authorized to act on his or her behalf. This information should be sent to ByLyngo either by mail or fax at

Please note that you may be held responsible for any costs associated with the investigation of a false report of infringement.