Last updated: 22 September 2023

These Terms of Use and the Privacy Policy constitute an agreement between the users of Trulinco (the “Users”) and the owner and operator of Trulinco, KBJ LTD bearing company registration number C 94117 and having its registered office situated at J. Micallef Group, Triq Ic-Cimiterju, Ghaxaq GXQ 2248, Malta (hereinafter referred to as “Trulinco”).

These Terms of Use are applicable when you create and use an account with Trulinco, when you download and use the Trulinco app on any device, or when you use our website (collectively referred to as the “Trulinco Platform”). Please read these Terms of Use very carefully. Should you not agree with any parts of these Terms of Use, you should not use the Trulinco Platform.

Should you have any queries kindly contact us at info@trulinco.com.

About the Services

Trulinco is a multi-lingual cloud application/platform that allows its users to translate documents, text and verbal messages, images, voice calls, video calls and to send and receive text and verbal messages in the preferred language of the user, through the use of its own proprietary mobile applications (mobile apps) and also through its websites, tools, platforms and services (the “Services” or the “Trulinco Service/s”).

The provision of any of the above Trulinco Services may change at any time at Trulinco’s sole discretion, without notice.

Acceptance and modification of the Terms of Use

Users declare and acknowledge to have fully read and understood these Terms of Use. Furthermore, by using any of the Services offered by Trulinco, Users unconditionally accept to be bound by these Terms of Use.

Trulinco reserves the right to amend these Terms of Use at any time, in whole or in part. It is therefore the User’s responsibility to regularly consult the latest version of the Terms of Use posted on the Trulinco website. Users are deemed to accept this latest version upon each new use of the Trulinco Platform.

By accessing or using the Trulinco Platform in any way, the User agrees to be bound by these Terms of Use.

Ownership of the Trulinco Platform

The Trulinco Platform, any content on the Trulinco Platform, and the infrastructure used to provide the Services are Trulinco’s proprietary or the proprietary of our affiliates and other content providers (as applicable).

By using the Trulinco Platform and accepting these Terms of Use:

(a) Trulinco grants you a limited, personal, non-transferable, nonexclusive, revocable license to use the Trulinco Platform pursuant to these Terms of Use and to any additional terms and policies set forth by Trulinco; and

(b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Trulinco Platform without the express permission of Trulinco.

Free use or subscription based use of the Trulinco Platform and Services

The use of the Trulinco Platform and the Services offered therein are generally free. In such cases, certain adverts will pop up occasionally during the use of the Trulinco Services.

In the event that the Users require the Trulinco Services to be provided free from any advert, a subscription fee shall apply accordingly. Users may avail themselves from the advert free service by applying for and completing the subscription payment according to the tariff applicable for the chose package at the time of subscription.

The subscription is offered monthly (every 30 days) and it is renewable automatically with payments being deducted also automatically from the user in accordance with the payment method used for the subscription. Upon successful completion of payment, the chosen package shall be accessible by the user.

Tariffs may vary from time to time. The Users shall always pay the tariff as applicable at the time of subscription or renewal.

Trulinco reserves the right to apply certain tariffs, in particular depending on changes to the services offered, the evolution of the network, and of technical and/or legal constraints. Users will be duly informed beforehand by an amendment to these Terms of Use and/or by the insertion of special conditions relative to any paid-for services on the Trulinco Platform.

Third party sites and services

Services offered by third parties

Although the Services offered on the Trulinco Platform may be offered free of charge, Users acknowledge that the adverts launched through the Trulinco Platform may refer to paid-for services by third parties. Trulinco hereby declares and the User hereby acknowledges and agrees that Trulinco does not have any connectionsw with such third parties and for all intents and purposes, any payments requested by such third parties or affected by the users towards such third parties shall not be deemed to be connected to any of the Trulinco Services and Trulinco shall not assume any responsibilities or liabilities with respect to such payments to third parties.

For the avoidance of any doubt, Trulinco may respond with information and or clarification or may assume responsibility (when applicable), solely with respect to the payments related to the Trulinco Services accessible solely through the Trulinco Platform.

Links to third party sites

The Trulinco Platform may contain links to sites managed by third parties, including links made available through the adverts being displayed during the use of Trulinco. These links are for information purposes only. Trulinco does not control these sites and is not responsible for their content or for the privacy policy or other practices of such sites. The display of links to such sites does not constitute approval by Trulinco of the elements on these sites nor any association of Trulinco with the publishers of these sites. It is the Users’ responsibility to carry out any checks deemed necessary or appropriate before using these sites or entering into a transaction with any of them.

Access and Use of the Trulinco Platform

Conditions for use

As a condition of your use of the Trulinco Platform, you agree that:

You are at least 13 years of age;

You are able to create a binding legal obligation;

You are not barred from receiving products or services under applicable law;

You will not attempt to use the Trulinco Platform with crawlers, robots, data mining, or extraction tools or any other functionality;

Your use of the Trulinco Platform will at all times comply with these Terms of Use;

You have the right to provide any and all information you submit to the Trulinco Platform, and all such information is accurate, true, current, and complete;

You will update and correct information you have submitted to the Trulinco Platform, including all account information, and ensure that it is accurate at all times (out-of-date information may invalidate your account);

Access to the Trulinco Platform

Trulinco reserves the right to suspend, delete or modify all or part of the Trulinco Platform or the Services without prior notice. Trulinco also reserves the right to suspend access to the Trulinco Platfrom for all or any Users due to maintenance, emergency (cyberattack, etc.) or for any other reasonable reason and at any time. While we use reasonable efforts to keep the Trulinco Platform and your account accessible, the Trulinco Platform and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Trulinco Platform access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and/or outside of our control.

Conditions for opening an account

By opening an account, the User expressly and unreservedly accepts these Terms of Use and the Privacy Notice.

Users undertake to provide accurate, up-to-date and truthful information, in particular regarding their title, last name, first name, email address and telephone number, which are necessary for their proper identification in relation to the opening and maintenance of their account.

Account credentials

During the creation of their account, Users choose an ID and a password (“Credentials”) enabling them to access their account.

The Credentials are personal and confidential. They can only be changed at the request of the User concerned.

Users are solely and entirely responsible for the use of their account and the Credentials concerning them and undertake to do everything possible to keep their Credentials secret and to not disclose them to anyone in any form whatsoever.

In the event of loss or theft of one of a User’s Credentials, that User is solely liable for any consequential damage of this loss or theft. Trulinco hereby declares and the User hereby agrees and acknowledges that Trulinco shall not be held liable or responsible for any damages of such loss or theft, and/or for any consequences that such loss or theft may bring to the User or any other third parties.

Closing the account

Users may close their account at any time. Users may deactivate their account by selecting Delete Account on their Profile section, accessible through the Settings tool. By closing or de-activating their account, Trulinco shall delete all the data hold on the Users, unless Trulinco has reasons of necessity or any obligations to continue holding Users’ data for longer periods.

Users are informed that as of the closure of their account, they will no longer be able to benefit from the Services offered by Trulinco, and any other benefit provided by the site shall be deleted.

Users’ obligations

Users agree to use the Trulinco Platform in accordance with these Terms of Use and applicable law. Users hereby agree not to engage in any of the prohibited actions listed hereunder:

use the Trulinco Platform and Services for reasons and with means not allowed by applicable laws;

submit content to the Trulinco Platfrom that is inaccurate, illegal and in particular which invades privacy, is abusive, indecent, threatening, incites hatred or violence, or of which the intellectual property rights do not belong to them and for which they do not have the express permission of the rights holder;

use the Trulinco Platform or its contents for illegal, illegitimate or fraudulent purposes;

modify, copy, distribute, transmit, display, make available, reproduce, publish, license, create derivative works, transfer, sell or resell any information, software, products or services obtained from or through the Trulinco Platform;

use, monitor, extract or copy the architecture, content or data of the Trulinco Platform or the actions of any User on Trulinco Platform by using a robot, a spider, a scraper, Spyware, keystroke recorder or any other program or automatic device or manual process for any purpose;

violate restrictions regarding exclusion files on the Trulinco Platform or circumvent measures to prevent or limit access to the Trulinco Platform;

take any action that imposes, or could impose an unreasonable or excessive burden on the infrastructure of the Trulinco Platform;

establish an invisible link to Trulinco Platform for any reason;

frame, reflect or incorporate any portion of the Trulinco Platform into another site; and

attempt to modify, translate, adapt, revise, decompile, disassemble or reverse engineer any software program used by Trulinco in connection with Trulinco Platform or its Services.

Breaches of contract

In the event of the total or partial non-compliance or non-respect by a User of any of the obligations or provisions of these Terms of Use, or in the event that a User performs any of the prohibited actions as set out in these Terms of Use, or for any other reasonable reason, Trulinco may modify, suspend, limit or remove access to any or all of the Services, including by deactivating the User’s account, without notice and without any right whatsoever for the User to claim compensation, and without prejudice to any compensation that Trulinco may otherwise claim in court.

Without prejudice to the penalties imposed by Trulinco under the above paragraph, Trulinco shall also be entitled to claim compensation for any damage incurred.

Contents published by the User

Users have the possibility to upload certain contents (the “User Content”) in order to avail of the Services, including but not limited to texts, documents, picture images, voice messages, messages, videos, on the Trulinco Platform and share such contents with other Users. The publishing of such content is subject to certain rules to be followed by the User as follows:

To avail of the Services, Users must have an account on the Trulinco Platform that identifies them.

User Content may be rejected for the following reasons:

o if Trulinco believes that the content may create a prejudice to its civil or criminal liability;

o if the User Content or the elements relating to the identity of the author contain insults or vulgarities;

o if the User Content is or is suspected of being a breach of third parties’ intellectual property rights;

o if the User Content is or is suspected of being a breach of any laws or regulations;

o if the User Content raises issues of conflict of interest or fraud, or if Trulinco believes that it does amount to such conflict or fraud;

o if the text of the User Content is badly written to the point of being impossible to understand or read;

o if a User makes an inappropriate comment about another item of User Content or its author;

o at the discretion of Trulinco, if the User Content contains personal information or elements likely to lead to identity theft, such as the first or last names of individuals who are not public persons, a telephone number, a postal address or an email address; or

o if the User Content is clearly spam.

If a User is identified as having posted content which is fraudulent or that Trulinco believes to be fraudulent, Trulinco, after applying the procedures for the rejection or deletion of the User Content, may deactivate the User’s account (and as a consequence cancel all their benefits), and delete all of their posts.

Users agree that by posting User Content on the Trulinco Platform they automatically grant an irrevocable, permanent, non-exclusive, royalty-free licence to Trulinco to use, copy, display, adapt, modify, translate, distribute, have distributed or promoted, incorporate into any advertisements or other materials, create derivative works thereof, enhance, disseminate, or otherwise distribute such

User Content throughout the world, and to enable third parties to do the same, this in any media whether online or not.

Intellectual property

Users agree not to submit, copy, resell, republish, or, in general, make available in any form whatsoever any content, data, information or item received from Trulinco or available on the Trulinco Platform, to another person, be it individual, or legal entity or any other forms of associations, or legal arrangements or otherwise, from any country. Users agree to adhere to the intellectual property provisions below.

All moral and patrimonial intellectual property rights relating to the content and information on the Trulinco Platform belong to Trulinco, with the exception of third party rights, for which Trulinco has obtained the necessary rights or licences. The rights conferred on Users by using the Trulinco Platform and the services supplied by Trulinco do not entail any licence of rights or permission to use or exploit any part of Trulinco Platform.

All elements (brands, designs, texts, hyperlinks, logos, images, videos, sounds, software, screen lay-out, databases, codes etc.) in/on the Trulinco Platform and on associated sites are protected by national and international intellectual property law. These elements remain the sole property of Trulinco and/or its licensors.

Limitations of liability

As permitted by applicable law, in no event shall Trulinco, its affiliates or any of their respective employees, officers, directors, agents, merchants, partners, third-party content providers or licensors, or any of their officers, directors, employees, or agents, be liable for any damages, direct or indirect loss of profits or loss of business, indirect, incidental, special, consequential, or punitive damages arising out of, related to, or in connection with any of the following:

(a) your use of the Trulinco Platform, the content, user content, including, without limitation, any personal information, and any other information either contained in the site or submitted by you to the Trulinco Platform;

(b) your inability to use the Trulinco Platform;

(c) modification or removal of content submitted on the Trulinco Platform;

(e) any products or services purchased or obtained directly from a third party that may have been accessed through the Trulinco Platform (for example through an advert displayed on Trulinco Platform);

(f) these Terms of Use; or

(g) any improper use of information you provide to the Trulinco Platform, including, without limitation, any personal information.

Trulinco offers no warranty whatsoever in relation to third party content or the services and/or commercial practices of the third parties listed on Trulinco Platform. Accordingly, Trulinco does not warrant that Users will be satisfied with the products, services and/or business practices experienced as a result of making use of any of the Trulinco Services.

Trulinco offers no warranty in relation to the content, objectivity or accuracy of the User Content posted by Users on the Trulinco Platform.

Trulinco does not warrant uninterrupted access to Trulinco Platform or service continuity. Trulinco shall not be liable for any failure to access the Trulinco Platform or for any damage or loss arising out of the use or inability to use the Trulinco Platform or its content, except as provided by law.

Trulinco does not warrant that the information displayed is detailed, complete, verified or accurate. Any content on Trulinco Platform is provided without any express or implied warranties of any kind whatsoever.

Users expressly acknowledges that the photos on the Trulinco Platform are not of a contractual nature.

Users agree that Trulinco cannot be held liable if Users fail to benefit from the services of a third party.

Users warranties and indemnities

Users warrant that they are fully familiar with the features and limitations of the internet. In particular, they acknowledge that it is impossible to guarantee that the data sent by Users over the internet will be fully secure. Trulinco cannot be held responsible for any incidents which could arise from this transmission of data.

Users agree to indemnify Trulinco against any liability, damage, expense, claim or cost, incurred by Trulinco arising from any claim or dispute, in or out of court, in relation to the use of the services of Trulinco, including the posting of User Content on Trulinco Platform by Users.

In any case, Users explicitly acknowledge and agree to use Trulinco Platform and Services at their own risk and under their sole responsibility.

Notification and removal of illegal content

Any Users may give notice of a claim or objection relating to illicit elements or content posted on the Trulinco Platform. If a User believes elements or content posted on the Trulinco Platform is illegal and/or in breach of their copyright, they must notify Trulinco immediately by email at info@trulinco.com including all available evidence to support ownership of the rights, if any. Once this procedure has been followed, and after the accuracy of the notice has been checked, Trulinco shall endeavour to promptly remove the illicit content.

Trulinco cannot be held liable, criminally or otherwise, for any information stored on the Trulinco Platform if it did not have actual knowledge of the illegal activity or information (including User Content) or if, as soon as it became aware, prompt action was taken to remove such information or block access to it.

Force Majeure

Trulinco shall be excused from performance under these Terms of Use, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from:

(a) weather conditions or other elements of nature or acts of God;

(b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion;

(c) pandemics, quarantines or embargoes;

(d) labour strikes;

(e) error or disruption to major computer hardware or networks or software failures; or

(g) any other causes beyond the reasonable control of Trulinco, as applicable.

Assignment

Users may not assign these Terms of Use, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of Trulinco. Any attempted assignment that does not comply with these Terms of Use shall be null and void.

Trulinco may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.

Entire Agreement

These Terms of Use, including, without limitation, the incorporated Privacy Notice, and other terms incorporated by reference, constitute the entire agreement and understanding between the User and Trulinco with respect to the subject matter hereof and supersede any other prior or contemporaneous communications and proposals, whether oral or written, between the User and Trulinco with respect to such subject matter.

Waivers

No waiver by any of the Parties of any condition nor of the breach of any term, covenant, warranty or undertaking contained in these Terms of Use, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or deemed to be or construed as the waiver of breach of any other term, covenant, warranty or undertaking in these Terms of Use.

Severability

If at any time any one or more of these Terms of Use becomes invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of these Terms of Use shall not, in so far as legally permissible under applicable laws, be in any way affected or impaired thereby.

Governing law and jurisdiction

These Terms of Use shall be governed by and construed in accordance with the Laws of Malta.

Any dispute, controversy or claim arising out of or relating thereto, or the breach, termination or invalidity thereof, shall be decided before the Courts of Malta.