TERMS AND CONDITIONS

1. INTRODUCTION & DEFINITIONS

1.1 About This Agreement

These Terms and Conditions ("Terms") govern your use of Nubart TRANSLATE, an AI-powered real-time translation service ("Service"). By registering for an account, accessing the Service via a QR code, or using any feature of Nubart TRANSLATE, you agree to be bound by these Terms.

Nubart TRANSLATE is provided by:

Nubart gmbH (Berlin, Germany) – for customers in all territories except Spain, Italy, Portugal, Brazil, and Latin America

Digital Tangible SL (Barcelona, Spain) – for customers in Spain, Italy, Portugal, Brazil, and Latin America

Business Use and Limited Consumer Access
The Service is designed and marketed primarily for business (B2B) use. Nubart may, at its discretion, allow private individuals to use the Service for personal events (such as weddings or private ceremonies).

Where a Customer qualifies as a consumer under applicable law, consumer protection rights may apply only to the extent mandated by law and subject to the specific provisions of Section 3.8 (Right of Withdrawal). Nubart does not voluntarily extend consumer protections beyond what is legally required.

1.2 Key Definitions

"Active Translation Stream" – One simultaneous use of the Service by a single speaker or room. Multiple speakers or rooms using the Service at the same time each count as separate Active Translation Streams.

"Event Day" – A calendar day (00:00 to 23:59) in the time zone where the event takes place. For online events spanning multiple time zones, the customer must specify the applicable time zone when booking. For events that begin on one calendar day and continue past midnight into the next calendar day without interruption, it is billed as a single Event Day as long as the event duration is 6 hours or less.

"Customer" or "You" – The organization or individual who enters into a paid subscription or uses the free trial.

"Service" – Nubart TRANSLATE, including all features, translations, QR codes, and related tools.

"Speaker" – The person(s) logged into the Service who will deliver speech to be translated.

"Listener" – A participant who receives translated content via QR code or link; listeners remain anonymous.

"Event" – A single session or meeting during which the Service is used.

"Data" – Any information processed by the Service, including transcriptions, translations, questions, speaker login credentials, context documents, and quality indicators.

"Processing" or "Processed" – Any operation performed on Data, including collection, transmission, storage, or deletion.

2. SERVICES OVERVIEW

2.1 What Nubart TRANSLATE Provides

Nubart TRANSLATE is a cloud-based, browser-based real-time AI translation service designed for events, conferences, lectures, and online meetings. The Service includes:

• Real-time translation of speech in the supported languages listed in Appendix (additional languages may be added upon request, subject to technical feasibility and prior agreement with Nubart)
• QR code or link-based access for listeners (no installation or app required)
• Written question functionality with automatic translation
• Speaker interface for event management and real-time quality monitoring
• Customer admin area for account and speaker management
• Audio input quality indicator showing real-time audio quality

2.1.1 Listener Language Selection

By default, the listener interface uses the language configured in the listener's web browser. Each listener can change their preferred language at any time during the event via the language selection control in the interface, without interrupting the translation stream.

2.1.2 Written Q&A Functionality

Listeners can submit written questions during an event. These are automatically translated into the speaker's language and displayed in real time in the speaker interface. Speakers receive visual notifications when new questions arrive.

2.1.3 Context Documents and Audio Quality Assurance

After purchasing the Service, customers are asked to provide contextual information about the event (such as agendas, glossaries, or reference documents in PDF, DOC, MD or similar formats) and a list of speakers. Nubart uses this information solely to improve the precision of transcriptions and translations for that event, especially for specialized vocabulary.

To ensure accurate transcription and translation, the Service includes an audio input quality indicator that appears in real time on the speaker's device. This indicator periodically assesses the quality of the speaker's audio input. If poor audio quality (below approximately 90% based on Nubart's proprietary metrics) or a language mismatch is detected, an alert or alarm message will display on the speaker's device so measures can be taken on the spot. Post-event, customers can view historical audio quality ratings and language-match results for each speaker in their password-protected Customer Area.

2.1.4 Online Meeting Integration

Nubart TRANSLATE can be used alongside video conferencing platforms (Zoom, Google Meet, Teams, etc.). The speaker logs into Nubart TRANSLATE in one browser tab while joining the video platform in another. Nubart provides the translation while the video platform handles video/screen sharing. This integration does NOT require any technical modification to the video platform.

Important: Nubart TRANSLATE's security and GDPR compliance apply only to speech processed through Nubart's secure cloud providers. Video content, screen shares, and other data remain subject to your video platform's terms and security policies.

2.2 Service Availability & Requirements

Internet Connection Required: A stable, high-speed internet connection is required for both speakers and listeners.

Browser-Based: The Service operates entirely in modern web browsers; no software installation is required.

Device Compatibility: The Service is compatible with desktop, tablet, and mobile devices.

Technical Support: Nubart provides support during business hours (9:00-18:00 CET/CEST, Monday-Friday, excluding German and Spanish public holidays); emergency support is available during events.

2.3 Service Level Agreement & Uptime

Target Availability: Nubart aims to maintain 99.5% uptime for the Service, measured on a monthly basis, excluding Force Majeure events as defined in Section 12.7.

Service Credits (Compensation): If Nubart fails to meet the 99.5% uptime target in a calendar month and the failure directly impacts a customer's paid event, the following service credits apply:

• Pay-as-You-Go Plan: If the Service is unavailable for more than 15 consecutive minutes during a paid event, the customer is entitled to a credit equal to the Base Rate (€349) for that event day. This credit will be applied to the customer's next invoice or refunded if no future events are scheduled.
• Monthly Subscription Plan: If monthly uptime falls below 99.5%, the customer is entitled to a pro-rata credit calculated as: (Monthly Fee ÷ 30 days) × (number of days with qualifying outages). Maximum credit per month: 10% of the monthly subscription fee (€199.90).

Qualifying Outage: An outage qualifies for service credits only if:

• The customer reports the issue to Nubart Support during or within 24 hours of the outage
• The outage was not caused by customer's internet connection, equipment, or user error
• The outage lasted more than 15 consecutive minutes

Claim Process: To claim service credits, customer must submit a written request to info@nubart.eu within 30 days of the outage, including:

• Event date and time
• Description of the impact
• Any error messages or screenshots (if available)

Service credits are the customer's sole remedy for availability failures. Nubart's liability for service unavailability is limited to the credits described above.

2.4 Technology Changes & AI Model Updates

Nubart reserves the right to update, modify, or replace the underlying artificial intelligence models, transcription engines, text-to-speech systems, or other technologies used to provide the Service, provided that:

• Any changes maintain or improve the overall quality and functionality of the Service
• Nubart provides at least 30 days' advance notice of material changes that may affect translation quality or Service performance

Customer Recourse for Quality Degradation: If, following a technology change, the Customer experiences a material degradation in translation quality compared to the Service as provided in the 30 days prior to the change, the Customer may:

• Report the issue to Nubart Support with specific examples and comparative data
• Request that Nubart investigate and remedy the quality issue within 15 business days
• If the quality issue is not resolved within 15 business days and the Service no longer meets reasonable expectations for AI translation accuracy, terminate the agreement with 7 days' written notice without penalty

Nubart is not liable for temporary quality variations, minor differences in translation style, or subjective preferences regarding AI-generated speech characteristics. This section does not apply to quality issues caused by poor audio input, incorrect language selection, or other customer-side factors.

2.5 What the Service Does NOT Guarantee

Translation Accuracy: While AI translation is highly accurate, Nubart does not guarantee 100% accuracy.

Original Speaker Voice: Listeners receive AI-generated speech in their selected language, not the original speaker's voice.

Continuous Availability: Scheduled maintenance or unforeseen technical issues may temporarily interrupt service.

Performance: Translation speed and quality depend on audio clarity, internet connection quality, and the speaker's manner of speech (including articulation, pace, and accent).

3. PRICING & BILLING

3.1 Plans & Pricing

Plan A: Pay-as-You-Go

Base Rate: €349 per event day (includes up to 2 hours of translation usage), excluding applicable taxes.

Additional Hours: €39 per each additional hour (or partial hour) on the same event day, excluding applicable taxes.

Prepayment: The Base Rate (€349 per booked event day) is charged in advance at the time of order (e.g., by credit card).

Final Invoice: After the event, Nubart issues a final invoice reflecting the total actual usage (at least the prepaid Base Rate, plus any additional hours or extra event days, if applicable).

Ideal For: Single events or occasional use.

No Long-Term Commitment: Each event is booked individually; there is no ongoing subscription.

Plan B: Monthly Subscription

Monthly Fee: €1,999 per month (flat rate) excluding applicable taxes.

Included Usage: Up to 150 hours per month. Each hour exceeding this limit will be charged at €39 per hour and billed separately.

Approximate Hourly Cost: €13.33/hour (based on included 150 hours)

Ideal For: Recurring events, courses, or ongoing programs

Multiple Events: Unlimited events per month within the 150-hour limit

Multiple Speakers: Create unlimited speaker accesses via the customer admin area

Billing Cycle: Charged on the 1st of each calendar month

Commitment: Subscription renews automatically each month. Cancellation requires one month's written notice and takes effect at the end of the notice period. No refunds for partial months.

Plan C: Free Trial

Duration: 30 cumulative minutes of active translation use

No Credit Card Required: Trial access does not require payment information

Flexibility: Minutes can be used across multiple test sessions over several days

Trial Termination: Service automatically stops when 30 minutes are consumed; no charges apply

Upgrade: To continue using the Service after trial expiration, customer must upgrade to Plan A or Plan B

3.2 Usage Billing & Calculations

What Is Charged

Billing is based on the duration the microphone is unmuted. Billing begins when the speaker clicks "Unmute" and ends when the speaker clicks "Mute" or closes the browser tab. Periods of silence while unmuted are charged (subject to the Automatic Silence Detection limit below).

What Is NOT Charged

• Time during which the microphone input is muted in the app
• Setup or technical check time (if muted)
• Listener access time (only speaker usage is counted)
• Written Q&A time (questions do not consume usage minutes)

Automatic Silence Detection

If the speaker's microphone remains unmuted but detects no speech for more than 60 consecutive minutes, the system will automatically stop counting usage. The speaker will receive a visual notification before automatic stop occurs.

Active Translation Streams

An Active Translation Stream is one speaker or one room using the Service at a given time. If multiple speakers or rooms use the Service simultaneously, each counts as a separate Active Translation Stream for billing purposes.

Examples:

• 1 speaker in 1 room for 1 hour = 1 billable hour
• 3 speakers in 3 different rooms for 1 hour each, at the same time = 3 billable hours
• 2 speakers in the same room speaking sequentially (not overlapping) for 30 minutes each = 1 billable hour total

3.3 Overages (Monthly Subscription)

If a customer exceeds 150 hours in a given month:

• Each additional hour or partial hour is billed at €39 per hour
• Overage charges are added to the monthly invoice
• Overage charges are due by the same payment deadline as the regular monthly fee

3.4 Pro-Rata Billing for New Subscriptions

For customers subscribing to the Monthly Subscription plan:

• Customer is charged a pro-rata amount for the remaining days of the current calendar month: (€1,999 ÷ number of days in the month) × remaining days
• Starting the following month, the full €1,999 monthly fee is charged on the 1st of each month

Example: If a customer signs up on March 15th in a 31-day month:

• Pro-rata charge for March 15–31 (17 days): approximately €1,097
• Full monthly charge of €1,999 begins on April 1st

3.5 Payment Methods & Terms

Accepted Payment Methods

• Credit card (Visa, Mastercard, American Express)
• Bank transfer (SEPA or international wire)

Payment Terms

Pay-as-You-Go: The Base Rate for each booked event day (€349 per day, excluding applicable taxes) is charged in advance at the time of order (e.g., by credit card). After the event, Nubart issues a final invoice reflecting the total actual usage (including any additional hours or extra event days). Any outstanding balance on this final invoice is payable within 15 days of the invoice date.

Monthly Subscription: The monthly subscription fee (and any overage charges, if applicable) is due on the 1st of each calendar month and is payable within 15 days of the invoice date.

Late Payment

• Invoices unpaid after 30 days become overdue
• Nubart may suspend or terminate service for overdue accounts
• Late payment fees may apply per local law

Billing Address & Invoice

• Customer is responsible for providing accurate billing information
• Invoices are sent via email

3.6 Tax Treatment

Prices exclude taxes: All prices stated for Nubart TRANSLATE are net amounts and do not include value added tax (VAT) or other applicable sales or indirect taxes.

EU business customers (B2B, cross-border within the EU):
Where the Customer is a taxable person established in an EU Member State other than the country of the relevant Nubart entity (Spain for Digital Tangible SL, Germany for Nubart GmbH), and a valid VAT ID is provided, the reverse-charge mechanism under EU VAT rules generally applies. In such cases, no VAT is charged on the invoice and the Customer is responsible for self-assessing and reporting VAT in its own jurisdiction.

Domestic customers:
Customers established in the same country as the invoicing Nubart entity (Spain for Digital Tangible SL; Germany for Nubart GmbH) are, where required by law, charged local VAT on top of the net prices.

Non-EU customers:
For Customers established outside the European Union, invoices are generally issued without EU VAT. Any local taxes, duties or similar charges in the Customer's country remain the sole responsibility of the Customer.

Customer responsibility:
The Customer is responsible for providing accurate billing details (including VAT ID, where applicable) and for complying with its own tax reporting and payment obligations under applicable law.

3.7 Cancellation & Refunds

Pay-as-You-Go Plan

• No refunds for completed events
• If an event is cancelled before use begins, contact Nubart Support for assistance

Monthly Subscription Plan

No Refund Policy: Monthly subscription fees are non-refundable, even if the customer cancels mid-month

Cancellation: Customer may cancel at any time by providing written notice to Nubart Support

Termination Effective Date: Subscription remains active through the end of the current billing month; no refund is issued for the remainder of the month

Final Invoice: If overage charges are incurred in the cancellation month, these are due with the final invoice

Free Trial

• No charges apply upon trial termination
• Customer does not receive a refund (as no payment was made)

3.8 Right of Withdrawal (Where Applicable)

Nubart primarily provides services to business customers (B2B). However, if and to the extent that a Customer qualifies as a "consumer" or enjoys a statutory right of withdrawal under applicable consumer protection laws (for example, under the EU Consumer Rights Directive), the following applies:

Such Customers may have the right to withdraw from the contract within 14 days after conclusion of the contract, without giving any reason, unless an exception applies under the applicable law.

By explicitly requesting that Nubart begin providing the Service before the end of the 14-day withdrawal period, the Customer acknowledges that:

• once the Service has been fully performed (for example, an event has been delivered), the statutory right of withdrawal – if it existed – is lost to the extent permitted by law; and
• if the Customer exercises the right of withdrawal after Nubart has begun providing the Service but before it is fully performed, the Customer may be required to pay for the portion of the Service already provided up to the time of withdrawal.

This clause does not create a withdrawal right where none exists under applicable law, but explains how any such right is affected by the Customer's request for immediate performance of the Service.

3.9 Price Changes

• Nubart reserves the right to adjust pricing for future billing periods
• Existing customers will receive at least 30 days' written notice of any price increase
• If a customer does not accept the new pricing, they may cancel their subscription before the price change takes effect
• Continued use of the Service after the notice period constitutes acceptance of the new pricing

4. ACCOUNT MANAGEMENT & USER RESPONSIBILITIES

4.1 Customer Account & Admin Access

Account Creation: Nubart creates a customer account and admin access upon signup.

Primary Contact: The individual who signs up is designated as the primary contact and receives admin privileges.

Admin Permissions: The admin can:

• Create and manage speaker accounts under the "Employees" tab
• View detailed usage reports (including minutes used per speaker and date)
• View audio input quality indicator results

Customer Area: Each customer has a password-protected Customer Area where all reports and indicators can be accessed at any time.

Account Security: The customer is responsible for maintaining the confidentiality of admin login credentials.

4.2 Speaker Account Creation & Management

Invitation & Activation

Admin Invitation: The Customer Admin manages speaker access via the "Employees" tab in the Customer Area. To add a speaker, the Admin generates and sends an invitation link.

Password Setup: The recipient of the invitation must click the link to validate their email and assign their own password. Once completed, the account appears as an active Speaker under the Customer's account.

Personal vs. Generic Accounts

Customers may choose to invite specific individuals (e.g., john.doe@company.com) or create generic speaker accounts (e.g., speaker-1@company.com, room-A@event.org) to be used by authorized personnel.

If a generic account is used, the Customer is responsible for managing who has access to the login credentials and for resetting the password between different users if necessary to maintain security.

Account Management

The Customer Admin retains full control over these accounts and is responsible for removing permissions or blocking Speaker accounts (e.g., via the "Employees" tab) when they are no longer needed.

Speaker Account Data

When a speaker account is created, the following information is collected and stored:

• Full name (for identification purposes)
• Email address (for account recovery; does not need to be the speaker's personal email—internal organizational emails are acceptable)
• Hashed password (passwords are cryptographically hashed and never stored in plain text)

Note: Listeners are completely anonymous—no account creation or personal data is required for listeners to access translations via QR code.

4.3 Multiple Speakers & Parallel Events (Monthly Subscription)

• On the Monthly Subscription plan, customers may create unlimited speaker accounts
• Multiple speakers can conduct parallel events simultaneously, each counting toward the 150-hour monthly limit
• Each speaker operates independently with their own login and microphone access

4.4 Customer Responsibilities

Customer agrees to:

• Ensure all speakers understand how to use the Service before an event
• Select the correct source language for each speaker within the Service
• Ensure that the speaker's audio input quality is sufficient (ideally keeping the audio quality indicator at or above 90%), and monitor alerts for language-match issues
• Provide accurate billing information and notify Nubart of changes
• Comply with all applicable laws when using the Service (see Section 7: Acceptable Use)
• Not share speaker login credentials with unauthorized parties
• Inform Nubart immediately of any unauthorized account access
• Not attempt to reverse-engineer, hack, or disrupt the Service

5. DATA STORAGE, PRIVACY & SECURITY

5.1 Data Processing Location

All Data is processed in secure cloud facilities located in Dublin, Ireland. Data is never transferred to subcontractors. Nubart uses hosted cloud services for secure storage and processing. These cloud service providers are contractually prohibited from:

• Retaining Data for their own purposes
• Using Data for external AI training or model improvement
• Sharing Data with third parties for advertising or marketing
• Selling Data or creating commercial derivatives

5.2 What Data Is Stored

Nubart stores the following Data:

• Transcriptions: Text records of speech delivered by speakers during events (original language)
• Translations: AI-generated translations of transcriptions in requested languages
• Written Questions: Text of questions submitted by listeners, including automated translations. Written Questions and their translations form part of event Data and are subject to the same retention and deletion rules described in Section 5.3.
• Speaker Login Credentials: Full name, email address, and hashed password for speaker accounts
• Event Metadata: Date, time, duration, languages used, number of listeners (aggregate count, not individual IDs), and technical indicators such as audio input quality scores and language-match warnings
• Extracted Contextual Data: Key information, summaries, and terminology extracted and processed from documents provided by the Customer (such as agendas, technical papers, or glossaries). Nubart processes the raw source files (e.g., PDF, DOC) to generate this optimized contextual data for the AI and retains this processed content rather than the raw source files.

What Is NOT Stored:

• Audio files of the original speaker's voice (only text transcriptions are stored)
• Listener personal information (listeners are completely anonymous)
• Payment card details (payment information is processed by secure third-party payment providers and not stored by Nubart)

5.3 Data Retention & Deletion

Deletion Options Selected Before the Event

When purchasing the Service, the Customer completes an order form and, as part of that form, chooses one of the following retention options for each event:

1. Immediate Deletion (Highest Confidentiality)
The Customer instructs Nubart to delete all transcriptions and translations immediately after each segment of speech is processed and delivered to listeners. This means:

• Data is removed from Nubart's primary systems within seconds of being processed (typically after each sentence or semantic unit)
• Data cannot be retained for backup, support, or quality review purposes
• This option may limit Nubart's ability to investigate issues or improve translation quality

2. Deletion Within 30 Days
The Customer instructs Nubart to retain transcriptions and translations for up to 30 days after the event for support, quality improvement, and internal analysis. After this period:

• Data is deleted from Nubart's primary systems
• Data is removed from backup systems within a further 2 weeks
• Nubart may keep non-identifiable aggregate statistics (e.g., total minutes used, quality indicators)

3. Indefinite Retention With Strict Use Limits
The Customer authorizes Nubart to retain transcriptions and translations until the Customer later requests deletion, provided that:

• The Data remains within Nubart's systems and is not shared with third parties for advertising or marketing
• The Data is not used to train any external AI models
• Nubart may use anonymized and aggregated information to improve its services, as described in Section 6.2

The option selected in the order form is deemed to be the Customer's documented instruction to Nubart for the purposes of GDPR.

Additional Deletion Requests

Regardless of the option selected above, the Customer may at any time request that Nubart delete Data relating to a specific event earlier than originally chosen. In such cases:

• The Customer contacts Nubart Support at info@nubart.eu, providing the event date and the name of their company
• Nubart confirms receipt and proceeds to delete Data from primary systems as soon as reasonably practicable and from backup systems within 2 weeks, then sends written confirmation of completion

5.4 Data Portability

Nubart does not currently provide an automated data export function within the Service. Customers who require exports on an exceptional basis may contact Nubart Support to discuss feasible options.

5.5 Encryption & Security Measures

Data Encryption

Data is encrypted using industry-standard protocols in transit (between speakers, listeners, and servers) and at rest (when stored)

• In transit: TLS 1.2+ for HTTPS connections and WSS for WebSocket connections
• At rest: AES-256 encryption for all stored data

We leverage enterprise-grade cloud infrastructure which maintains SOC 2 Type II compliance and implements comprehensive physical and logical security controls.

Access Controls

• Only authorized Nubart personnel with a legitimate business need may access customer Data
• Access is logged and monitored
• Employees sign confidentiality agreements

Security Standards

Nubart implements industry-standard security practices including encrypted data transmission, secure authentication, and role-based access controls. Nubart's infrastructure is built on enterprise-grade cloud platforms that maintain ISO 27001, SOC 2, and other security certifications. Nubart continuously reviews and enhances its security measures in line with industry best practices.

Data Breach Notification

In the event of a confirmed security breach or unauthorized Data access, Nubart will:

• Notify affected customers without undue delay and no later than 72 hours after discovering the breach
• Provide details of the breach, including: nature of the incident, Data affected, likely consequences, and mitigation measures taken
• Comply with all applicable data protection regulations (GDPR and other applicable laws)

Customer Obligations in Case of Breach: Where the Customer acts as Data Controller under GDPR or other applicable data protection laws, the Customer is solely responsible for assessing whether the breach requires notification to data subjects (speakers, listeners, or other affected individuals) and, if required by law, for making such notifications within the timeframes mandated by applicable law. Nubart will provide reasonable cooperation and information to assist Customer in fulfilling this obligation.

5.6 GDPR & Data Protection Compliance

• Nubart processes all Data in accordance with the EU General Data Protection Regulation (GDPR) and applicable national data protection laws
• Nubart acts as a Data Processor on behalf of customers under GDPR Article 28

The Customer, as Data Controller, is solely responsible for:

• Informing speakers and listeners about how their Data will be processed when using the Service, and
• Instructing speakers not to disclose unnecessary sensitive or highly confidential personal data during their talks, where this is not strictly required for the event

For Customers in the EU/EEA (and where GDPR applies), a Data Processing Addendum (DPA) forms an integral part of the contractual relationship and must be accepted (e.g., via the order form) together with these Terms and Conditions.

5.7 AI Training & External Use

Clear Commitment: Nubart does not use customer Data (transcriptions, translations, or questions) for:

• Training external AI models
• Improving competing services or third-party AI systems
• Marketing, advertising, or commercial purposes outside the Service
• Creating datasets for sale or licensing to other companies

All cloud service providers used by Nubart are contractually prohibited from using customer Data for AI training or model development. This prohibition is strictly enforced and verified.

6. INTELLECTUAL PROPERTY RIGHTS & CONTENT OWNERSHIP

6.1 Customer Content Ownership

• Original Content: Customer retains full ownership of all speech content, Q&A submissions, and materials delivered through the Service
• Translated Content: Customer retains full ownership of all translations generated by the Service
• Exclusive Use: Customer may use original and translated content for internal purposes, events, records, and any lawful commercial purpose

6.2 Nubart's Limited License

Customer grants Nubart a limited, non-exclusive license to:

• Process and store customer Data solely for the purpose of providing the Service
• Use anonymized, aggregated data (from which customer identity and specific content are removed) for service improvement, analytics, and performance optimization
• Retain technical logs and metadata for security and system administration purposes

Anonymized data examples: "50% of translations in the IT sector include technical terminology," or "average translation latency for Japanese improved by 15% this quarter." This data cannot identify the customer or reveal specific event content.

6.3 Prohibited Uses of Customer Content

Customer may not use the Service to:

• Violate intellectual property rights of third parties (e.g., translating copyrighted books, films, or music without authorization)
• Infringe trademarks or patents
• Circumvent licensing restrictions on copyrighted materials

Nubart is not responsible for customer's use of the Service in violation of third-party rights. Customers are solely liable for ensuring their use complies with applicable law.

6.4 QR Code Ownership & Lifecycle

QR Code Generation: Nubart generates QR codes for each event to provide listener access.

Nubart Ownership: QR codes remain the property of Nubart; customer receives a non-exclusive, non-transferable license to use the QR code for their events.

QR Code Reuse & Reactivation:

• After an event concludes, the QR code is deactivated within 7 days (listeners accessing the code will see a message indicating no active translation is available)
• When the customer books a new event, Nubart may reactivate the same QR code, allowing customers to reuse printed materials (posters, programs, etc.) across multiple events
• Nubart reserves the right to generate new QR codes for technical or security reasons and will notify the customer if this occurs

Security Measures:

• QR codes are active only during scheduled events or when explicitly activated by the customer
• Deactivated QR codes cannot be used to access translation services
• Customers should treat QR codes as event-specific access credentials and not share them publicly outside of their event context

No Transfer: Customer may not transfer, sell, or license QR codes to third parties.

6.5 Nubart Trademarks & Branding

License to Use Nubart Brand

Customer may reference Nubart TRANSLATE and use the Nubart logo in marketing materials, event promotions, and internal communications related to events conducted with the Service, subject to the following conditions:

Simple Brand Guidelines:

• Logo Use: Use only the official Nubart logo provided by Nubart; do not modify, distort, rotate, or alter the logo
• Clear Space: Maintain minimum clear space around the logo as defined in Nubart brand guidelines (or as provided by Nubart upon request)
• Size & Quality: Ensure the logo is displayed at a size and quality that maintains readability and professional appearance
• Context: Use the logo only to accurately represent the use of Nubart TRANSLATE; do not imply endorsement or partnership beyond what has been explicitly agreed
• No Trademark Registration: Customer does not acquire any rights to the Nubart trademark and may not register "Nubart" or similar marks
• Termination of Use: Upon termination of this agreement, customer must cease all use of the Nubart logo and trademark within 30 days

For detailed brand guidelines, contact Nubart Support.

6.6 Nubart Intellectual Property

• All features, technology, algorithms, source code, documentation, and other materials provided by Nubart remain the exclusive property of Nubart
• Customer may not reverse-engineer, decompile, or attempt to derive the underlying technology
• No license is granted except the right to use the Service as described in these Terms

7. ACCEPTABLE USE POLICY

7.1 Permitted Uses

The Service may be used for:

• Business conferences, seminars, and corporate events
• Educational lectures, courses, and academic conferences
• Religious services and ceremonies
• Public speeches and political events
• Online meetings and webinars
• Any lawful purpose involving real-time translation

7.2 Prohibited Uses

Customer agrees not to use the Service for:

Illegal Content

• Facilitating illegal activities (drug trafficking, weapons sales, human trafficking, etc.)
• Violating export controls or sanctions laws
• Money laundering or financial crimes

Intellectual Property Violations

• Translating copyrighted content without authorization (e.g., films, music, published books)
• Distributing trademarked or patented content
• Circumventing digital rights management (DRM) systems

Harassment & Hate Speech

• Hate speech targeting individuals based on race, ethnicity, religion, gender, sexual orientation, or disability
• Harassment, bullying, or threats directed at individuals or groups
• Incitement to violence

Security & System Abuse

• Attempting to hack, probe, or interfere with the Service or its infrastructure
• Uploading malware, viruses, or malicious code
• Scraping, automated crawling, or excessive API requests that degrade service performance
• Attempting to gain unauthorized access to other users' accounts
• DDoS attacks or deliberate service disruption

Unauthorized Commercial Use

• Reselling, sublicensing, or offering the Service to third parties without explicit written permission
• Using the Service on behalf of competitors or to develop competing products
• Charging end-users for translations without Nubart's authorization

Privacy Violations

• Recording or distributing participant information without consent
• Violating data protection laws or GDPR in your use of the Service

High-Risk Activities

The Service is an AI-based tool and is not intended for use in high-risk environments where translation errors could lead to death, personal injury, or severe physical or environmental damage. Prohibited uses include, but are not limited to:

• Emergency services (911/112 calls or critical emergency dispatching)
• Medical diagnosis, treatment advice, or clinical decision-making
• Air traffic control or aviation safety operations
• Critical legal or financial proceedings where an official sworn interpreter is required by law
• Nuclear facility operations or other safety-critical infrastructure

Customer acknowledges this limitation and assumes full responsibility for any misuse in such contexts.

7.3 Enforcement

• Nubart reserves the right to investigate suspected violations
• If a violation is discovered, Nubart may:
  • Issue a warning and request immediate cessation
  • Temporarily suspend the customer's account
  • Terminate the agreement and service (see Section 8.3)
  • Pursue legal action if necessary

8. SERVICE SUSPENSION & TERMINATION

8.1 Suspension & Restrictions

Nubart may suspend or restrict customer access to the Service if:

• Nonpayment: Invoice(s) remain unpaid 15 days after written notice of non-payment
• Abuse: Violation of the Acceptable Use Policy (Section 7)
• Legal Requirement: Required by law, court order, or government request
• Security Threat: Customer's account or use poses a security risk to Nubart's infrastructure or other users

Suspension Notice: Except in cases of emergency or legal requirement, Nubart will provide written notice and an opportunity to cure the violation within 30 days.

8.2 Termination

Termination by Customer (Monthly Subscription)

• Customer may terminate the monthly subscription at any time by providing written notice to Nubart Support
• Termination becomes effective at the end of the current billing month
• No refund is provided for the remainder of the billing month
• Any overage charges incurred during the final month are due with the final invoice

Termination by Nubart

• Nubart may terminate the agreement if customer materially breaches these Terms and fails to cure the breach within 15 days of written notice
• Nubart may terminate for convenience with 30 days' written notice

Immediate Termination

Nubart may immediately terminate the agreement without notice if:

• Customer engages in illegal activity
• Customer violates intellectual property or data protection laws
• Customer's use poses a security threat

8.3 Effects of Termination

Upon termination:

• Customer's access to the Service is immediately revoked
• Outstanding invoices remain due and payable
• All speaker accounts are deactivated
• Customer may request deletion of Data (subject to Section 5.3)
• Sections 6 (Intellectual Property), 9 (Liability), 10 (Confidentiality), and 11 (General Provisions) survive termination

9. LIABILITY & WARRANTIES

9.1 Disclaimers

AS PROVIDED: The Service is provided "as is" and "as available" without warranty of any kind, express or implied.

Nubart does not warrant:

Translation Accuracy

While AI translation is highly accurate, Nubart does not guarantee 100% accuracy, especially for specialized terminology, context-dependent phrases, or languages outside standard vocabulary. To improve accuracy, customers are encouraged to provide contextual materials (such as event programs, glossaries, reference documents, and lists of speakers) before an event. Providing such materials is optional but strongly recommended for events involving specialized terminology or technical content.

AI Nature and Output

Customer acknowledges that the Service utilizes artificial intelligence, which may occasionally generate output that is factually incorrect (commonly referred to as "hallucinations") or, in rare instances, offensive or inappropriate content, regardless of the source content provided. Nubart bears no liability for such unintended AI-generated artifacts, and Customer agrees to use their judgment when relying on the Service for sensitive communications.

Other Disclaimers

Continuous Availability: Nubart aims for a very high level of service availability and does not normally interrupt the Service for scheduled maintenance. However, the Service may be affected by factors outside Nubart's reasonable control, including outages or degradation of third-party infrastructure or AI providers used for transcription, translation, or text-to-speech, as well as general internet or network disruptions. In such cases, temporary unavailability or reduced performance of the Service may occur.

Performance: Translation latency, response time, or audio quality depend on audio clarity, internet connection quality and the speaker's manner of speech (including articulation, pace, and accent).

Fitness for Purpose: The Service may not be suitable for all uses; customer is responsible for evaluating whether the Service meets their specific needs.

Third-Party Content: Nubart is not responsible for third-party services, content, or integrations (e.g., payment processors, cloud storage providers, video conferencing platforms).

9.1.4 AI Translation Limitations & High-Stakes Decisions

Customer acknowledges and agrees that Nubart TRANSLATE is an AI-powered tool and, despite high accuracy, is not suitable as the sole basis for high-stakes decisions where errors could result in serious consequences.

Specifically, customers should NOT rely exclusively on Nubart TRANSLATE for:

• Legal proceedings, contracts, or binding agreements (unless verified by qualified human translators)
• Medical consultations, diagnoses, or treatment decisions (unless reviewed by qualified medical professionals)
• Financial transactions, investment decisions, or regulatory compliance matters (unless verified by qualified professionals)
• Safety-critical instructions or emergency procedures
• Any context where regulatory requirements mandate certified human translation

Customer Responsibility: In such contexts, customers must:

• Use Nubart TRANSLATE as a supplementary tool only
• Verify all critical information through qualified human translators or subject matter experts
• Inform participants that AI translation is being used and is not certified or legally binding

Nubart bears no liability for decisions made based solely on AI-generated translations, and customer assumes all risk for using the Service in high-stakes contexts.

9.2 Limitation of Liability

Cap on Liability

To the maximum extent permitted by law:

• Nubart's total liability for any claim arising from or related to this agreement or the Service shall not exceed the total fees paid by customer in the 12 months preceding the claim
• If no fees were paid (e.g., during free trial), liability shall not exceed €100

Excluded Damages

Nubart shall not be liable for:

• Indirect Damages: Loss of profit, loss of revenue, loss of business opportunity, or loss of anticipated savings
• Special Damages: Loss of Data, loss of goodwill, cost of substitute services
• Consequential Damages: Any damages arising indirectly from Nubart's performance or non-performance

These exclusions apply regardless of the cause (breach of contract, negligence, tort, strict liability, or otherwise), even if Nubart has been advised of the possibility of such damages.

Mandatory Legal Exceptions

Nothing in these Terms excludes or limits Nubart's liability for:

• Death or personal injury caused by Nubart's negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited under applicable law

9.3 Customer Responsibilities & Assumption of Risk

Customer is responsible for:

• Ensuring speakers are trained and prepared to use the Service
• Selecting the correct source language for each speaker within the Service
• Ensuring that the speaker's audio input quality is sufficient, including monitoring the audio input quality indicator and keeping it at or above 90% wherever reasonably possible
• Obtaining necessary consents from speakers and listeners before their Data is processed
• Complying with all applicable laws in their use of the Service
• Ensuring internet connectivity and technical infrastructure at event locations

Customer assumes all risk of loss related to the use of the Service.

Nubart is not responsible for any errors, omissions or inaccuracies in transcriptions or translations that result from (i) incorrect selection of the speaker's language in the Service, or (ii) poor audio input quality, including but not limited to situations in which the audio input quality indicator shows values below 90%.

9.4 No Liability for Third Parties

• Nubart is not responsible for content, actions, or omissions of speakers, listeners, or any third party
• Nubart is not liable for unauthorized access, use, or disclosure of Data by third parties (except where Nubart's security failures were the direct cause)

10. CONFIDENTIALITY

10.1 Confidential Information

• Each party ("Disclosing Party") may share confidential, proprietary, or sensitive information ("Confidential Information") with the other party ("Receiving Party")
• Confidential Information includes: business plans, pricing, technical specifications, customer lists, and any information marked as confidential

10.2 Obligations

The Receiving Party agrees to:

• Keep Confidential Information confidential and secure
• Not disclose it to third parties without written consent
• Use Confidential Information only for purposes necessary to perform this agreement
• Return or destroy Confidential Information upon termination

10.3 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available (not due to breach of confidentiality)
• Was independently developed without reference to Confidential Information
• Is lawfully required to be disclosed by court order or government mandate (with notice to the Disclosing Party if legally permissible)

11. DISPUTE RESOLUTION & GOVERNING LAW

11.1 Governing Law

These Terms are governed by and construed in accordance with the laws of:

• Spain (specifically Catalonia) – for customers in Spain, Italy, Portugal, Brazil, and Latin America (governed by Digital Tangible SL)
• Germany (specifically Berlin) – for customers in all other territories (governed by Nubart gmbH)

11.2 Dispute Resolution

Negotiation & Mediation

If a dispute arises, the parties agree to:

• Good Faith Negotiation (30 days): The parties' representatives will attempt to resolve the dispute through direct negotiation
• Non-Binding Mediation (if negotiation fails): Either party may initiate mediation with a neutral mediator. The mediator will attempt to facilitate a resolution within 60 days. Mediation is non-binding; either party may withdraw at any time.

Jurisdiction & Litigation

If negotiation and mediation do not resolve the dispute:

• Customers in Spain, Italy, Portugal, Brazil, or Latin America: Disputes are subject to the exclusive jurisdiction of the courts in Barcelona, Spain
• All other customers: Disputes are subject to the exclusive jurisdiction of the courts in Berlin, Germany

Each party consents to the personal jurisdiction of these courts and waives any objections.

Costs

• Each party bears its own legal costs during negotiation and mediation
• In litigation, the prevailing party may recover reasonable attorney's fees and court costs from the other party

12. GENERAL PROVISIONS

12.1 Entire Agreement

These Terms, together with any Data Processing Addendum (DPA), constitute the entire agreement between Nubart and customer and supersede all prior negotiations, representations, and agreements (whether written or oral) relating to the Service.

12.2 Amendments & Modifications

• Nubart may modify these Terms at any time by posting updated Terms on the Nubart website or emailing customer
• Material changes (e.g., price increases, liability limitations) require at least 30 days' written notice
• Continued use of the Service after the notice period constitutes acceptance of modified Terms
• If customer does not accept modifications, customer may cancel their subscription before the changes take effect

12.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

• That provision shall be modified to the minimum extent necessary to make it enforceable, or
• If modification is not possible, that provision shall be severed
• The remaining provisions continue in full force and effect

12.4 Waiver

No waiver of any provision or breach of these Terms is effective unless made in writing and signed by the waiving party. A single waiver does not constitute a waiver of any other provision or breach.

12.5 Assignment

• Customer may not assign or transfer rights or obligations under these Terms without Nubart's prior written consent
• Nubart may assign or transfer its rights (including to a successor company) without customer consent; Nubart will provide notice of such assignment
• Any attempted assignment by customer in violation of this section is void

12.6 Third-Party Beneficiaries

These Terms are intended solely for the benefit of Nubart and customer. No third party has any rights or claims under these Terms, except as expressly stated (e.g., Nubart's cloud service providers' right to enforce provisions protecting their security).

12.7 Force Majeure

Neither party is liable for failure to perform due to circumstances beyond its reasonable control, including:

• Natural disasters, war, terrorism, or pandemic
• Government actions or sanctions
• Major internet outages or DNS failures
• Service interruption or outage of critical third-party AI or cloud infrastructure providers (e.g., LLM API providers) essential to the delivery of the Service
• Malicious cyber attacks (by third parties) affecting the internet at large

In such cases, the affected party will:

• Provide prompt notice to the other party
• Use reasonable efforts to resume performance
• Not be liable for delays or non-performance

12.8 Notices

All notices, requests, or communications under these Terms should be sent to:

For Digital Tangible SL (Spain, Italy, Portugal, Brazil, LATAM):
Email: info@digitaltangible.com
Address: Digital Tangible SL, Barcelona, Spain

For Nubart gmbH (all other territories):
Email: info@nubart.eu
Address: Nubart gmbH, Berlin, Germany

Notices are deemed received when sent via email (with read receipt or delivery confirmation) or 5 business days after mailing via post.

12.9 Language

These Terms are primarily drafted in English. If a translation is provided for convenience, the English version is the authoritative version in case of discrepancies.

12.10 Contact & Support

For questions, support, or to exercise rights under these Terms, contact Nubart Support:

Email: info@nubart.eu

Email Support: Nubart provides email-based support on a best-effort basis and generally responds within 24 hours on business days.

Emergency Support During Events: For confirmed events, Nubart may provide an emergency contact number or channel to the Customer after purchase, taking into account the event's time zone. Emergency support is intended for urgent technical issues during the event, but continuous real-time availability or resolution of all issues cannot be guaranteed.

APPENDIX: SUPPORTED LANGUAGES

As of the Last Updated date, Nubart TRANSLATE supports the following languages:

Arabic, Bulgarian, Cantonese, Catalan, Chinese, Czech, Danish, Dutch, English, Estonian, Filipino, Finnish, French, German, Greek, Hebrew, Hungarian, Indonesian, Italian, Japanese, Korean, Latvian, Lithuanian, Norwegian, Polish, Portuguese, Romanian, Russian, Slovak, Slovenian, Spanish, Swedish, Thai, Turkish, Ukrainian, and Vietnamese.

Nubart may add or remove supported languages over time. Customers may request support for additional languages; Nubart will assess technical feasibility and, if feasible, will confirm in writing which languages are supported for a particular event or contract. Not all target languages can be used as source language.