Terms and conditions

1. Acceptance of Terms

By using Nativ's software, APIs, plugins, or associated services ("Services"), you agree to be bound by these Terms and Conditions ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

2. Use of Services

You may access and use the Services solely for lawful business purposes and in accordance with these Terms.

You must not:

• Reverse engineer, copy, or reproduce any part of the Services

• Use the Services to transmit unlawful, defamatory, or infringing content

• Attempt to interfere with or disrupt the integrity or performance of the Services

• Attempt to circumvent any security measures, rate limits, or access controls

• Use automated means to access the Services beyond the provided APIs

3. Account and Access Control

You are responsible for:

• Maintaining the confidentiality of any access credentials, API keys, and authentication tokens

• All activities occurring under your account

• Ensuring that your use complies with applicable laws

• Enabling multi-factor authentication (MFA) when required by your organization's administrator

Nativ reserves the right to suspend or terminate access if any misuse or security risk is detected.

4. Customer Content

You retain full ownership of any content submitted through the Services.

Nativ does not claim ownership of Customer Content and does not store or use it beyond the scope of active processing.

You grant Nativ a limited, non-exclusive license to process Customer Content solely for the purpose of fulfilling your localization or translation requests.

Content saved to translation memory by the user is retained until the user deletes it or their account is terminated.

5. Intellectual Property

All rights, title, and interest in the Services (including software, algorithms, and infrastructure) remain with Nativ.

These Terms do not grant any right to use Nativ's trademarks, logos, or proprietary assets except as required to use the Services.

6. AI Processing and Third-Party Services

Portions of the Services involve AI-powered processing (e.g., text translation, cultural adaptation, and image analysis) performed via:

• OpenAI's enterprise API (GPT-series models)

• Google's Gemini API

All data sent to AI providers is processed in accordance with their enterprise API terms and is not used to train any models. AI providers do not retain API data beyond the processing window.

All AI outputs are presented to the user for review before being applied. No AI-generated content is published or applied without explicit user action.

Hosting, storage, and other infrastructure services are provided by third-party subprocessors. A complete and current list is maintained at usenativ.com/subprocessors.

All subprocessors are compliant with GDPR, SOC 2, and CCPA standards.

7. Privacy and Security

Your use of the Services is also governed by our:

• Privacy Policy at usenativ.com/privacy

• Security Policy at usenativ.com/security-policy

Both are incorporated by reference into these Terms.

Nativ does not use customer data for advertising, profiling, or model training. A Data Processing Agreement (DPA) is available on request for enterprise customers.

8. Data Rights

You have the right to request access to, correction of, deletion of, or portability of any personal data Nativ holds related to your usage. Requests are fulfilled within 30 calendar days. Full details are in our Privacy Policy.

9. Service Availability

Nativ uses commercially reasonable efforts to maintain the availability of the Services. However, the Services may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our control.

Nativ monitors service availability continuously and will notify affected customers of planned maintenance where practicable.

10. Termination

Nativ may suspend or terminate your access to the Services:

• For material breach of these Terms

• If required by law or regulation

• If continued access poses a security or operational risk

Upon termination:

• Active sessions and API keys will be revoked.

• Content saved in translation memory will be available for export for 30 days, after which it will be deleted.

• Usage metadata and logs will be deleted or anonymized in accordance with our retention policies.

11. Disclaimer

The Services are provided "as is" without warranty of any kind, express or implied.

Nativ disclaims all warranties including merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

To the fullest extent permitted by law:

• Nativ is not liable for indirect, incidental, or consequential damages

• Nativ's total liability is limited to the amount you paid for Services in the 12 months preceding the event giving rise to the claim

13. Governing Law

These Terms are governed by the laws of the State of Delaware, USA.

Any disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in English.

14. Changes to Terms

Nativ reserves the right to update these Terms from time to time. If material changes are made, you will be notified via email or through the Services. Continued use of the Services constitutes acceptance of the updated Terms.