Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Transcontinent Technologies, Inc., a Delaware corporation ("Transcontinent," "we," "us," or "our"). These Terms govern your access to and use of the Transcontinent translation CDN platform, website, APIs, dashboards, documentation, and all related services (collectively, the "Service"). By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

1. Definitions

• "Content" means any text, markup, images, media, code, or other materials accessible on your origin website(s) that are processed by the Service.
• "Translations" means machine-generated translations of your Content produced by the Service through AI language models.
• "Brand Profile" means the AI-generated translation guidelines (voice, tone, terminology, glossary) created for your account.
• "Platform IP" means all software, algorithms, models, architectures, user interfaces, documentation, trade secrets, trademarks, and other intellectual property owned by or licensed to Transcontinent.

2. The Service

Transcontinent provides a Cloudflare-native translation CDN that translates and delivers website content at the edge. The Service includes content crawling and segment extraction, AI-powered translation with progressive quality stages (holding, rough, final), edge delivery via Cloudflare Workers, a control plane dashboard for site management, and brand profile generation. The specific features, functionality, and availability of the Service may change at any time in our sole discretion without prior notice. We reserve the right to discontinue, modify, or add features to the Service at any time without liability.

3. Account Registration and Security

You must create an account to use the Service. You represent and warrant that all information provided during registration is accurate, current, and complete, and you agree to update such information promptly. You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account, whether or not authorized by you. You must notify us immediately at security@transcontinent.ai of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Subscription, Billing, and Payment

4.1 Plans and Fees

The Service is offered on a subscription basis. Plan details, pricing, and included volumes are described on our pricing page and may be updated from time to time in our sole discretion. Fee changes take effect at the start of your next billing cycle. Your subscription begins when you complete checkout and continues on a monthly billing cycle unless otherwise specified.

4.2 Budget Guardrails and Passive Mode

Transcontinent employs a reserve-before-spend model. Translation actions reserve budget from your plan allocation before execution. When your budget is exhausted, the Service enters passive mode—serving existing translations but not generating new ones—until your next billing cycle or a plan upgrade. Entry into passive mode does not constitute a breach by Transcontinent or entitle you to any credit, refund, or remedy.

4.3 Overages

If your plan includes overage allowances, additional usage beyond your included volume will be billed through our provider-backed metered overage flow at the rate specified in your plan. By enabling overage allowances, you authorize Transcontinent to charge your payment method for overage amounts without additional approval. You will receive notifications as you approach your plan limits, but failure to receive such notification does not relieve your payment obligation.

4.4 Taxes

All fees are exclusive of applicable taxes, duties, and levies. You are responsible for all taxes associated with your use of the Service, excluding taxes based on Transcontinent's net income.

4.5 Cancellation and No Refunds

You may cancel your subscription at any time through the dashboard. Cancellation takes effect at the end of your current billing period. Translated content caches will be invalidated within 30 days of cancellation. No refunds or credits are provided for partial billing periods, unused plan capacity, prepaid fees, or any reason whatsoever, except as required by applicable law.

4.6 Delinquency

If any payment is past due, we may (a) suspend your access to the Service, (b) charge interest at the lesser of 1.5% per month or the maximum rate permitted by law, and (c) recover all costs of collection, including reasonable attorneys' fees. We may terminate your account after 30 days of delinquency.

5. Customer Representations and Warranties

You represent and warrant that:

• You own or have obtained all necessary rights, licenses, and permissions to submit your Content to the Service for translation, caching, and distribution
• Your Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights
• Your Content does not contain material that is unlawful, defamatory, obscene, fraudulent, or otherwise harmful
• Your use of the Service and the resulting Translations will comply with all applicable laws, rules, and regulations in every jurisdiction where the translated content is made available
• You have the legal capacity and authority to enter into these Terms and to perform your obligations hereunder
• You will not submit to the Service any content subject to the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), or any other content for which government authorization is required for translation or international distribution

You are solely responsible for the legality, accuracy, and appropriateness of your Content and any Translations derived therefrom. Transcontinent has no obligation to monitor your Content for compliance but reserves the right to do so.

6. Acceptable Use

You agree not to, and not to permit any third party to:

• Use the Service to translate, process, or distribute content that you do not own or have sufficient rights to reproduce, translate, and distribute
• Generate translations that violate any applicable law, rule, or regulation, including export control, sanctions, anti-money laundering, or data protection laws
• Attempt to circumvent budget guardrails, rate limits, usage quotas, or abuse controls
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or architecture of any Service component
• Use the Service, or any output thereof, to develop, train, or improve any competing translation, localization, or content-delivery product or service
• Transmit malware, inject scripts, or attempt to compromise, disrupt, or gain unauthorized access to Service infrastructure or other users' accounts
• Overload the Service with excessive automated requests, scraping, or denial-of-service activity beyond reasonable use
• Sublicense, resell, redistribute, or provide the Service to third parties on a standalone basis without our prior written consent
• Remove, obscure, or alter any proprietary notices, labels, or marks on the Service
• Use the Service for high-risk activities where translation inaccuracy could lead to death, personal injury, or significant property or environmental damage (e.g., medical device labeling, aviation safety instructions, pharmaceutical dosing) without independent professional review

We reserve the right, in our sole discretion, to suspend or terminate accounts that violate these provisions, with or without notice. Suspension or termination under this section does not entitle you to any refund or credit.

7. Intellectual Property

7.1 Your Content

You retain all rights, title, and interest in your origin Content. By using the Service, you grant Transcontinent a worldwide, non-exclusive, royalty-free, sublicensable license to access, crawl, index, copy, process, translate, cache, store, transmit, and deliver your Content solely as necessary to operate, maintain, and improve the Service. This license survives termination solely to the extent necessary to complete outstanding processing and wind down cached content within 30 days.

7.2 Translations

Translations generated by the Service are derived works of your origin Content. As between you and Transcontinent, you own the Translations generated for your sites, subject to our underlying Platform IP rights. Translation memory and correction data are scoped to your account and are not shared with other users.

7.3 Aggregated Data

Notwithstanding anything to the contrary, Transcontinent may collect, use, and disclose aggregated, anonymized, or de-identified data derived from your use of the Service ("Aggregated Data") for any lawful business purpose, including analytics, benchmarking, service improvement, and research. Aggregated Data does not identify you or any individual and is not subject to the restrictions in these Terms applicable to your Content.

7.4 Platform IP

Transcontinent and its licensors retain all rights, title, and interest in and to the Platform IP, including all improvements, enhancements, and derivative works thereof, regardless of whether informed or inspired by your feedback or use of the Service. These Terms grant you no rights to Platform IP except the limited, non-exclusive, non-transferable, revocable right to use the Service in accordance with these Terms.

7.5 Feedback

If you provide suggestions, ideas, enhancement requests, recommendations, corrections, or other feedback regarding the Service ("Feedback"), you hereby assign to Transcontinent all rights in such Feedback and agree that Transcontinent may use, reproduce, modify, distribute, and commercialize Feedback without restriction, attribution, or compensation to you.

8. Confidentiality

Each party agrees to hold the other party's Confidential Information in confidence using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care. "Confidential Information" means any non-public technical or business information disclosed by either party, including API keys, pricing terms, unpublished features, and security configurations. Confidential Information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.

9. Service Levels and Availability

We use commercially reasonable efforts to maintain availability of the Service. Edge delivery relies on Cloudflare's infrastructure; the control plane dashboard is hosted on Vercel. We do not guarantee uninterrupted, error-free, or secure access to the Service. We are not liable for any downtime, degradation, data loss, or unavailability caused by (a) third-party infrastructure or service providers, (b) scheduled or emergency maintenance, (c) force majeure events, (d) your equipment, network, or connectivity, or (e) your breach of these Terms.

Scale plan customers may negotiate a separate Service Level Agreement ("SLA") with defined uptime commitments and remedies. Absent a separately executed SLA, no uptime guarantees or service credits apply.

10. Translation Quality — Assumption of Risk

Translations are generated by third-party AI language models and delivered progressively through holding, rough, and final stages. Transcontinent makes no warranty, representation, or guarantee regarding the accuracy, completeness, correctness, fitness for any purpose, or reliability of AI-generated translations. You acknowledge that AI-generated translations may contain errors, inaccuracies, omissions, or culturally inappropriate content. You are solely responsible for reviewing, validating, and approving all Translations before relying on them, particularly for regulated, legal, medical, financial, or safety-critical content.

YOU EXPRESSLY ASSUME ALL RISK ARISING FROM YOUR USE OF AND RELIANCE ON AI-GENERATED TRANSLATIONS. YOU ACKNOWLEDGE THAT TRANSCONTINENT IS NOT A TRANSLATION AGENCY AND DOES NOT PROVIDE HUMAN-REVIEWED OR CERTIFIED TRANSLATIONS. TRANSCONTINENT EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY LOSS, DAMAGE, CLAIM, REGULATORY ACTION, OR EXPENSE ARISING FROM YOUR RELIANCE ON TRANSLATIONS WITHOUT INDEPENDENT PROFESSIONAL REVIEW.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRANSCONTINENT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TRANSCONTINENT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION OBTAINED FROM TRANSCONTINENT OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(A) IN NO EVENT SHALL TRANSCONTINENT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, BUSINESS OPPORTUNITIES, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF TRANSCONTINENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(B) TRANSCONTINENT'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE LESSER OF (I) THE TOTAL FEES ACTUALLY PAID BY YOU TO TRANSCONTINENT IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY, OR (II) FIVE HUNDRED U.S. DOLLARS ($500).

(C) THE FOREGOING LIMITATIONS APPLY REGARDLESS OF WHETHER THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

(D) TRANSCONTINENT SHALL NOT BE LIABLE FOR ANY FAILURE, INACCURACY, OR DELAY ATTRIBUTABLE TO THIRD-PARTY AI TRANSLATION MODELS, INFRASTRUCTURE PROVIDERS (INCLUDING CLOUDFLARE AND VERCEL), PAYMENT PROCESSORS, OR ANY OTHER THIRD-PARTY SERVICE USED IN CONNECTION WITH THE SERVICE.

13. Indemnification

You agree to indemnify, defend, and hold harmless Transcontinent and its affiliates, officers, directors, employees, agents, licensors, and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use of the Service; (b) your Content or any Translations generated from your Content; (c) your violation of these Terms; (d) your violation of any applicable law, rule, or regulation; (e) your violation or alleged violation of any third-party rights, including intellectual property, privacy, or publicity rights; or (f) any dispute between you and a third party relating to the Service. Transcontinent reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims.

14. Dispute Resolution and Arbitration

14.1 Mandatory Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Transcontinent agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (each, a "Dispute") shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, rather than in court, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

14.2 Class Action and Jury Waiver

YOU AND TRANSCONTINENT EACH WAIVE THE RIGHT TO A TRIAL BY JURY. YOU AND TRANSCONTINENT EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY AND MAY NOT BE BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.

14.3 Arbitration Procedures

The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware (or, at Transcontinent's discretion, via video conference). The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations.

14.4 Pre-Arbitration Dispute Resolution

Before initiating arbitration, you must send a written notice of dispute to legal@transcontinent.ai describing the dispute and requested relief. Both parties agree to attempt good-faith resolution for 60 days before filing for arbitration. During this period, statutes of limitations and any filing fee deadlines shall be tolled.

14.5 Statute of Limitations

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE, OR IT SHALL BE PERMANENTLY BARRED. THIS SECTION APPLIES REGARDLESS OF WHETHER THE CLAIM SOUNDS IN CONTRACT, TORT, OR OTHERWISE.

14.6 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for Disputes within the court's jurisdictional limits.

15. Term and Termination

15.1 Term

These Terms are effective from the date you first access or use the Service and continue until terminated.

15.2 Termination by You

You may terminate these Terms at any time by canceling your subscription and ceasing all use of the Service.

15.3 Termination by Transcontinent

We may suspend or terminate your access to the Service immediately and without prior notice or liability for any reason, including but not limited to: (a) breach of these Terms; (b) non-payment; (c) conduct that we reasonably believe is harmful to other users, third parties, or the Service; (d) legal or regulatory requirements; or (e) extended inactivity. We may also terminate the Service entirely or discontinue any portion thereof at any time.

15.4 Effect of Termination

Upon termination: (a) your right to access the Service ceases immediately; (b) we may delete your account data, Content caches, and Translations within 30 days; (c) you remain liable for all fees incurred prior to termination; and (d) all provisions of these Terms that by their nature should survive termination shall survive, including Sections 5 (Customer Representations), 7 (IP), 8 (Confidentiality), 10 (Assumption of Risk), 11 (Disclaimer), 12 (Limitation of Liability), 13 (Indemnification), 14 (Arbitration), and 18 (General).

15.5 No Data Export Obligation

Upon termination or expiration, Transcontinent has no obligation to export, migrate, or make available any Content, Translations, Brand Profiles, translation memory, or other data from your account. You are solely responsible for exporting any data you wish to retain before your subscription ends. After the 30-day post-termination window, all data may be permanently deleted without further notice or liability.

16. Export Compliance

You represent and warrant that you are not located in, or a national or resident of, any country that is subject to U.S. trade sanctions or embargoes, and that you are not on any U.S. government restricted party list. You shall comply with all applicable export control laws and regulations in your use of the Service.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the revised Terms on our website with an updated "Last updated" date and, for material changes, by emailing account holders at least 30 days before they take effect. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, your sole remedy is to stop using the Service and cancel your account.

18. General Provisions

18.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions or the United Nations Convention on Contracts for the International Sale of Goods.

18.2 Entire Agreement

These Terms, together with any applicable SLA, order form, or DPA executed between the parties, constitute the entire agreement between you and Transcontinent with respect to the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

18.3 Severability

If any provision of these Terms is held to be invalid, unenforceable, or illegal, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

18.4 Waiver

No failure or delay by Transcontinent in exercising any right or remedy under these Terms shall operate as a waiver thereof. A waiver of any right on one occasion shall not be construed as a waiver on any subsequent occasion.

18.5 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, these Terms bind and inure to the benefit of the parties and their successors and permitted assigns.

18.6 Force Majeure

Transcontinent shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of government, power failures, internet or telecommunications outages, third-party service provider failures, pandemics, epidemics, strikes, or labor shortages.

18.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity.

18.8 Notices

All legal notices to Transcontinent must be sent to legal@transcontinent.ai. Notices to you will be sent to the email address on your account. Notice is deemed given when sent by email.

18.9 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship between you and Transcontinent.

18.10 Cumulative Remedies

All rights and remedies provided to Transcontinent under these Terms are cumulative and not exclusive of any other rights or remedies available at law, in equity, or otherwise.

18.11 Electronic Agreement

You acknowledge and agree that by clicking "I agree," creating an account, or otherwise accessing or using the Service, you are entering into a legally binding agreement. You waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature, to the extent permitted by applicable law.

18.12 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

19. Contact

For questions about these Terms, contact us at legal@transcontinent.ai.