Terms of Use (Translator)

1.1 These Terms of Use govern all services provided by the Translator to MYBRIAN (« General Conditions »), including but not limited to, translation and revision services, regardless of their form, content, and location of performance. By creating a Translator Account on the MYBRIAN website platform and/or mobile application (« the Application »), the Translator declares acceptance of these General Conditions..

1.2 Electronic exchanges have evidential force between the parties.

1.3 Subject to termination, without condition or indemnity of the order, the Translator must comply with applicable laws and only provide services that meet all conditions imposed by the legislation of the country in which they are performed.

1.4 In case of non-compliance with these Conditions or any other rights held by MYBRIAN, we reserve the right to close your Translator Account and take all necessary measures to preserve our interests.

1.5 Under no circumstances can MYBRIAN commit to any volume promise. To prevent a potential economic dependency situation of the Translator, the latter commits, for the entire duration of the business relationship with MYBRIAN, to diversify its clients so that MYBRIAN does not represent more than 20% of its turnover.

1.6 MYBRIAN se réserve le droit de modifier les présentes Conditions à tout moment. Dans cette hypothèse, nous mettrons immédiatement en ligne les nouvelles Conditions Générales. Votre utilisation effective des services proposés par MYBRIAN après publication des conditions mises à jour vaudra acceptation pleine et entière de celles-ci.

In the Terms of Use, the following words have the following meanings:

Application :The MYBRIAN application is an application that can be run through an Internet browser and is also available on the Apple App Store and Google Play Store.

Account : The Account is the personal space dedicated to the Translator on the Application, which the Translator accesses by registering and logging into the Application. It allows the Translator to access the services.

Order : Refers to the texts that the Client wishes to have translated, as well as their ongoing or already completed translation orders.

Translator (or Brian) : Refers to any individual professionally engaged in translating to their native language. Brian is a friendly way for MYBRIAN to refer to all its Translators.

3.1 The Application is available from any internet browser and from mobile application download platforms. It is the Translator’s responsibility to obtain access to the data network used for the services. The Translator is also responsible for equipping and updating compatible hardware or devices necessary to access and use the services and the Application, as well as any related updates. MYBRIAN does not guarantee that the services or any part thereof can be operated on any particular hardware or device.

3.2 The Application provides the Translator with all the information related to the order, including the text to be translated, contextual information, the net price, and the required delivery time. For each translation project offer submitted by the Application, the Translator can accept or refuse the order..

3.3 MYBRIAN reserves the exclusive right to offer translation projects to the Translators of its choice.

4.1 The Translator agrees to be reachable at all times when they have activated the « Available » status in the MYBRIAN application.

4.2 The Translator agrees to respond to correspondences sent by MYBRIAN or its Clients within a reasonable time, respecting the deadline of the concerned project.

4.3 The Translator agrees to communicate with MYBRIAN’s Clients only through the means provided by the Application.

4.4 The Translator agrees to deliver quality work free from the following defects: typographical errors, spelling mistakes, agreement errors, misinterpretations, non-sense, omission, addition.

4.5 The Translator agrees to adhere to the terminology provided by the Client.

4.6 The Translator agrees to correct any identified errors free of charge within a period of ten (10) working days from the completion of the relevant order. After this period, the order will be considered accepted by MYBRIAN.

4.7 The Translator agrees to adhere to all instructions and contextual information mentioned in the order.

MYBRIAN reserves the right to refuse any service that does not meet the quality standards mentioned above.

Unless expressly agreed by MYBRIAN, the prices indicated are in Euro (€), with no possibility of indexing to another currency, and are considered firm and non-revisable.

6.1 On the first working day of each month, the Application generates a provisional invoice for the translation projects completed by the Translator in the previous month. The Translator must provide an invoice number and verify its conformity. The invoice will then be transmitted to MYBRIAN via the Application.

6.2 Payment for each confirmed invoice will be made within a maximum period of fifteen (15) days from its confirmation by the Translator. The Translator must have previously indicated a reference bank account for the transfer. Bank transfers are only possible within Europe.

6.3 For any Translator without a bank account domiciled in the SEPA zone, MYBRIAN reserves the right to pay in Euro (€) or in the recipient’s currency. Fees related to currency conversion or bank transaction may be borne by the Translator.

7.1 Deadlines are imperative and constitute a substantial element of the contract. Deadlines relate to the services provided. They cannot be shortened or postponed without the express prior agreement of the parties.

8.1 Cancellation by MYBRIAN: any completed translation will be fully paid for, any unfinished translation will be paid at fifty percent (50%).

9.1 The Translator agrees to treat all documents and information from clients with total confidentiality.

9.2 The computer media and documents provided by MYBRIAN to the Translator remain the property of MYBRIAN or its Clients. The data contained in these media and documents are strictly covered by professional secrecy (Article 226-13 of the Penal Code), the same applies to all data that the Translator becomes aware of during the execution of each order.

9.3 In accordance with Article 34 of the amended Data Protection Act, the Translator agrees to take all necessary precautions to preserve the security of information, notably preventing it from being distorted, damaged, or communicated to unauthorized persons.

The Translator agrees to adhere to the following obligations:

•        Not to make any copies of the documents and information entrusted to them, except those necessary for the execution of the present service as provided in the contract;
• Not to use the documents and information processed for purposes other than those related to the translation order;
• Not to disclose these documents or information to other individuals or entities, whether private or public;
• To take all measures to prevent any misuse or fraudulent use of computer files during the execution of the contract;
• To take all security measures, including physical measures, to ensure the preservation and integrity of documents and information processed during the duration of the present contract;
• And at the end of each order, to proceed with the destruction of all manual or computerized files storing the entered information.

9.4 In this capacity, the Translator may not subcontract the execution of services to another company or transfer the contract without the prior agreement of MYBRIAN.

9.5 MYBRIAN reserves the right to carry out any verification deemed useful to ensure compliance with the above obligations by the Translator. In case of non-compliance with the above provisions, the Translator’s liability may also be engaged based on the provisions of Articles 226-17 and 226-22 of the new Penal Code.

9.6 MYBRIAN may immediately terminate the Account, without compensation in favor of the holder, in case of violation of professional secrecy or non-compliance with the above provisions.

10.1 The Translator may not directly solicit a client of MYBRIAN with the intention of working directly with them. This prohibition applies for a duration of three (3) years after the last delivery made. In the event that a Translator attempts to contact a Client to offer their services directly or disclose their personal or professional contact information, the Translator agrees to pay MYBRIAN compensation of five thousand euros (€5,000) per violation.

11.1 The liability of MYBRIAN is only engaged, whatever the legal basis, in cases of intentional misconduct, gross negligence, or fraudulent act or gross negligence by its legal representatives or its agents, except in cases of harm to physical integrity or health.

11.2 The Translator expressly agrees to accept the principle of withholding from their earnings in the event of a claim by a Client regarding the quality of the content provided or non-compliance with the order if justified.

12.1 The Translator grants the Client, exclusively, irrevocably, without time limit, and worldwide, the rights of reproduction, exploitation, and public communication over the translated content.

12.2 MYBRIAN retains the right to use the content of the translation provided to the Client. Indeed, this content may be reused by MYBRIAN to improve its services.

13.1 The Translator, as well as MYBRIAN, may terminate their Account at any time without having to justify themselves. Any Account termination will be made by sending an email.

13.2 MYBRIAN reserves the right to retain a copy of all translated content to improve its services.

14.1 These General Conditions are subject to French law.

14.2 The Translator will first address MYBRIAN to attempt to amicably resolve their dispute with MYBRIAN. Any dispute or disagreement relating to the formation, interpretation, execution, or termination of these or in connection with these General Conditions that could not be resolved amicably will be submitted to the competent courts of LYON.