DeepL SE, Maarweg 165, 50825 Cologne, Germany (“DeepL”) specialises in services based on machine learning, e.g., machine translation services, and provides its online services at deepl.com. You can find everything you need to know about DeepL, and our products on our website or in our Help Center before you order.
Customer wishes to utilize DeepL's services in its own software products and/or for other business or private purposes. In order to allow Customer to make use of the services, Customer is granted access to the subscribed DeepL Pro Services in accordance with and subject to these Terms and Conditions.
These DeepL Pro License Terms and Conditions (“Terms and Conditions”) are available at https://www.deepl.com/pro-license.html and can be downloaded and printed by Customer. DeepL does not save this agreement text after conclusion of the contract.
1.1 “Agreement” refers to the agreement between Customer and DeepL concerning the subscription to and the use of DeepL’s Services in accordance with these Terms and Conditions.
1.2 “API” refers to the Application Programming Interface (DeepL API Pro) provided by DeepL to Customer as set out in the Service Specification and the Documentation provided by DeepL.
1.3 "API-CAT-Key” refers to a special license key to connect computer-assisted-translation tools to the API.
1.4 “API Response” refers to the API’s response to API Requests.
1.5 “API Request” refers to an HTTP request transmitted by the Application to the API.
1.6 “Application” refers to the software or service developed by or on behalf of Customer which utilizes the API.
1.7 “Business Days” are Monday through Friday, excluding public holidays in North Rhine-Westphalia, Germany (where DeepL is based).
1.8 “Characters” means individual characters of the Content.
1.9 “Content” refers to any input data (texts, documents, etc.) sent by Customer to the Services as specified in the Service Specification in order to have it processed by DeepL.
1.10 “Customer” refers to the person or entity ordering or subscribing to the DeepL Services as the contracting party of DeepL. If you place the order in a business capacity, the entity you work for will be the Customer.
1.11 “Customer Training Data” refers to bilingual terms, example documents and similar texts (monolingual or bilingual) submitted by Customer to the Services (for example glossaries) in order to improve and customise the translations produced by DeepL for the respective Customer. Further details on the use of Customer Training Data may be contained in the Service Specification or a separate addendum to these Terms and Conditions (if the corresponding features for the use of Customer Training Data are available).
1.12 “DeepL API Free” refers to the API provided by DeepL free of charge.
1.13 “DeepL Translator Pro” refers to an extended version of the DeepL translator which provides Customer via different front ends (e.g., website and desktop application) with a user interface to the translation services in accordance with the Service Specification.
1.14 “DeepL Write Pro” refers to an extended version of DeepL Write which provides Customer via different front ends (e.g., website and desktop application) with a user interface to the improvement services in accordance with the Service Specification.
1.15 “Documentation” refers to an electronic documentation of the requirements and functionality of the API provided to Customer in English language.
1.16 “End Users” refers to the users of Customer’s Application.
1.17 “Internal Users” refers to the users of Customer’s access to the Services for internal purposes of Customer, e.g., Customer’s employees, employees of affiliated companies (being those companies under the control of the Customer by virtue of the Customer holding at least 50% of the voting power or under common control of a party that holds at least 50% of the voting power in the Customer and that other company), freelance collaborators or Customer’s service providers.
1.18 “Number of Characters” refers to the number of characters of the Content transmitted to the API based on the used character encoding. For the avoidance of doubt, multi-byte encoded characters shall count as single character.
1.19 “Order Button” refers to the button in the online ordering process clearly marked to finalize the ordering process (e.g., with the inscription "Buy now", or similar).
1.20 “Processed Content” refers to any Content that has been processed using the Services.
1.21 “Services” to the entirety of the Pro services offered by DeepL DeepL in accordance with the Service Specifications, excluding Test Functions.
1.22 “Service Specification” refers to the list of functionalities and specifications of the Services and/or the Customer Training Data (as applicable in each case) as agreed upon conclusion of this Agreement.
1.23 “Single-User License” refers to a license to use a Service by one person. The same person can use the respective access credentials on multiple devices that meet the requirements of the Service Specification. The use of a Single-User License is only allowed and possible on one device at a time. If Customer wishes to use the respective Service by more than one person at the same time, the Customer has to acquire a team license or multiple Single-User Licenses.
1.24 “Subscription Term” means the relevant duration of the subscription to the Services, by reference to the period(s) which the Customer committed to during the online ordering process.
1.25 “Third-Party Applications” refers to any applications, components, libraries, plugins or other software provided by third parties that allow Customer to use or access the Services, e.g., translation plugins for third-party applications for which Customer has to use their own API credentials.
2.1 Subject to these Terms and Conditions and the Service Specification, DeepL provides Customer with access to the subscribed Services in accordance with the Service Specification and the applicable Documentation during the Subscription Term.
2.2 In conconsideration of DeepL providing such access to the subscribed Services Customer will pay DeepL the agreed charges as indicated during the online purchase process or in the order form during the Subscription Term.
3.1.1 DeepL shall provide Customer with access to the Services during the Subscription Term within the terms and scope of this Agreement, including the Service Specification.
3.1.2 DeepL will only temporarily store Content or Processed Content to the extent technically required to provide its Services. Any further storage of Content or Processed Content will only be carried out at Customer’s request, e.g. by using the "saved translations" feature. For the avoidance of doubt, DeepL shall be entitled to create and retain access logs for billing, security and statistical purposes. Such access logs shall not contain any Content or Processed Content. However, access logs may contain meta data of API Requests such as time of the API Request and size of the transmitted Content.
3.1.3 DeepL may process Content, Processed Content and Customer Training Data on its servers as well as on technical infrastructure owned and operated by third party cloud providers. DeepL has the right to determine the location of data processing. The location of the data processing may depend, among other things, on the location of the customer or its Internal Users and the availability and capacity of the technical infrastructure used. The Parties may agree otherwise with regard to the above. The third party data processing will utilise DeepL's proprietary models, hosted on a DeepL environment on the third party technical infrastructure.
3.1.4 DeepL shall only access the Content and/or the Processed Content in the event and to the extent required to carry out a diagnosis and to solve technical issues which may compromise the availability of the Services. To the extent required for these purposes and in derogation from Section 3.1.2, DeepL may, in exceptional cases, automatically store Content and/or Processed Content for a maximum period of 72 hours in case certain error patterns occur during the processing of the translation or improvement request. Such stored Content and/or the Processed Content shall be stored in an encrypted form for the duration of the debugging process and will be automatically deleted afterwards. The access to the cryptographic keys for the decryption of the Content and/or of the Processed Content shall only be granted in individual cases in the context of a logged process for selected employees of DeepL (who are bound by strict confidentiality requirements) and after the access has been approved by DeepL's management. The Content and/or Processed Content stored for debugging purposes will not be linked to any individual Customer.
3.1.5 DeepL shall only make use of Customer Training Data exclusively in connection with the translations or improvements of the respective Customer. Furthermore, DeepL shall store and process it for the duration of this Agreement in a way that no unauthorised persons will gain access to it. As the Customer Training Data is processed in an automatic way, it will be deleted upon the Customer’s request. However, it cannot be returned to the Customer (as DeepL does not offer any data storage service).
3.1.6 DeepL may provide Customer with additional functions in alpha or beta versions on a test basis ("Test Functions"). These Test Functions are marked as suchor as "alpha" or "beta". Test Functions are not the subject of this Agreement. DeepL may make them available voluntarily to all or individual customers and the Customer is not obliged to make any payment for the use of Test Functions. Test Functions are only intended for test use by the Customer and evaluation by DeepL. They are not final products or features and may contain bugs or other inaccuracies. DeepL can change, adapt or discontinue the Test Functions at any time without notice or liability.
3.1.7 Further services, including but not limited to consulting, individual development, or implementation or training services, shall only be provided by DeepL upon DeepL and Customer entering into a separate express written agreement.
3.1.8 Notwithstanding Section 3.1.3, DeepL is entitled to subcontract third parties to fulfil its contractual obligations in whole or in part, and DeepL shall remain responsible for its subcontractors performance of such contractual obligations.
3.1.9 Customer may grant Internal Users access to the Services in its sole discretion. However, Customer shall be fully liable for any use of the Services by Internal Users and shall ensure that Internal Users are aware of and respect any and all restrictions for the use of Services set out in this Agreement. Customer shall promptly notify DeepL of any suspected or alleged violation of this Agreement and Customer shall cooperate with DeepL with respect to investigation of such violations as well as to any action by DeepL to enforce this Agreement.
3.1.10 DeepL, acting in its sole discretion, may provide the Customer with
enabling the Customer to evaluate the use of the subscription and manage it accordingly. Customer must treat any Individual Usage Data confidentially and in compliance with applicable data protection laws. It is the sole responsibility of Customer to ensure that any subsequent processing of Individual Usage Data as independent controller is conducted in accordance with applicable data protection laws, including but not limited to the EU GDPR (Regulation (EU) 2016/679). DeepL shall not be liable for any subsequent processing of Individual Usage Data by Customer following on from the receipt of any Individual Usage Data.
In addition to Section 3.1, the following shall apply to the API:
3.2.1 DeepL shall provide Customer with respective access credentials for the API.
3.2.2 The API allows Customer to use the technical infrastructure based on machine learning by means of transmitting Content to the technical infrastructure. DeepL shall process the Content in accordance with this Agreement, the Service Specification and the Documentation. However, DeepL is neither obligated to ensure nor warrants correctness or accuracy of API Responses or Processed Content. In particular, DeepL does not give any guarantee regarding the correctness of the Processed Content created by the machine learning system.
3.2.3 DeepL may, in its sole discretion, provide Customer with software development kits or code samples (hereinafter jointly referred to as “Code Samples”). Code Samples are provided free of charge and are excluded from the paid Services provided by DeepL. Code Samples are provided in electronic form and can be downloaded from a dedicated website. DeepL is not obligated to continue development of Code Samples or to keep Code Samples functional or available at all times. Code Samples are not suited for any use in production environments and are provided for educational purposes only.
3.2.4 In view of the on-going development of the API, DeepL may introduce new versions of the API with an additional or different range of features and reserves the right to discontinue previous versions of the API on written notice to Customer, provided that the discontinuation is reasonable. DeepL shall inform Customer of such discontinuation in writing (e-mail sufficient) at least four (4) weeks before the termination becomes effective (within which time Customer will have to update to the latest maintained API). DeepL will inform Customer of updates of the API via e-mail.
3.2.5 The option to use an API-CAT-Key is only provided if Customer chooses specific subscription tiers in the order process which include API-CAT-Key support. The API-CAT-Key is a Single-User License.
3.2.6 Some Third-Party Applications may require Customer to acquire Services from DeepL in order to use certain features of the Third-Party Applications (e.g., translation plugins). DeepL is not responsible for any Third-Party Application (which are independent from DeepL) and DeepL shall have no liability or obligation whatsoever in relation to such Third-Party Application. Any use of such Third-Party Application is solely subject to the terms and conditions of its respective vendor which apply to Customer, and DeepL does not have any influence on such Third-Party Applications.
3.3.1 The DeepL API Free is provided by DeepL with a limited scope of functions. Further details, in particular with regard to specific restrictions, can be found in the Documentation.
3.3.2 In derogation from Section 3.1.2 sentence 1, DeepL reserves the right to perpetually store any Content or Processed Content.
3.3.3 In derogation from Section 3.2.4, DeepL reserves the right to modify the functional scope of the DeepL API Free at any time or to completely discontinue the free provision of the API at any time.In all other respects, the provisions of Section 3.2 apply to the Free API accordingly.
In addition to Section 3.1, the following shall apply to the DeepL Translator Pro and to DeepL Write Pro:
3.4.1 DeepL Translator Pro and DeepL Write Pro provide Customer an enhanced user interface to use the DeepL services as set out in the Service Specification, providing means to translate or improve texts in a web browser or another frontend application.
3.4.2 The license to use DeepL Translator Pro or DeepL Write Pro is a Single-User License.
3.5.1 Customer acknowledges that the Services are provided as a cloud based services, and that DeepL may from time to time change the Services and their range of functions if DeepL has a valid legitimate reason to do so. There is a valid legitimate reason if the modifications are necessary (i) to ensure compliance with changes in relevant law, (ii) to implement changes to the technical requirements, e.g., a new technical environment or other operational reasons, (iii) to remove end of life or redundant features, to improve performance or data security, to fix issues or for technical necessity, or (iv) to adapt the Services to changing market conditions, such as increased user numbers, or if the modifications or changes are beneficial to Customer, e.g., to make the Services more user-friendly or improve their security.
3.5.2 Modifications to the Services and their range of functions in accordance with Section 3.5.1 are made without additional costs to Customer.
3.5.3 If a modification relates exclusively to time-critical security updates, extensions of functions, only insignificant components of the Services (such as design or presentation changes) and if it is not a Negative Change within the meaning of Section 3.5.4, DeepL will inform Customer about the modification within the customer account in a clear and comprehensible manner. In all other cases, DeepL will inform Customer of the respective modification to the Service in a clear and comprehensible manner at least two (2) months in advance by means of a message by e-mail (“Change Notice”). The Change Notice contains the features and the time of the modification as well as – in case of Negative Changes – the rights of Customer and legal consequences of his silence as described in Sections 3.5.4 and 3.5.5 below.
3.5.4 If a modification impacts Customer’s ability to access or use the Services in more than a minor way (“Negative Change”), Customer has the right to terminate the Agreement free of charge with a notice period of 30 days. In this case, Customer will be refunded fees already paid proportionally.To exercise the right of termination, the customer should contact DeepL via the contact form (available at https://support.deepl.com/hc/requests/new) and state the reason for the termination.The period begins with the receipt of the Change Notice by Customer. If the modification is made after Customer has received the Change Notice, the period shall only start to run once the modification has been made. The right to terminate the Agreement does not apply if the accessibility or usability of the Services without the modification is maintained free of charge.
3.5.5 Negative Changes to the Services are deemed to have been approved if Customer does not object to them by exercising his right of termination in accordance with Section 3.5.4. DeepL will specifically draw Customer’s attention to this legal consequence in the Change Notice.
3.5.6 These Terms and Conditions shall apply to any modifications and to the Services in their modified state.
4.1 DeepL shall use its reasonable endeavours to provide an annual average of at least 97% uptime availability for the fee-based Services. The availability calculation excludes any downtime for planned maintenance work as well as service interruptions which are beyond DeepL’s reasonable control, including but not limited to short-term and undue increase in the number of requests by Customer which requires an unplanned increase in system capacity.
4.2 Subject to the exceptions in Section 4.1, availability shall be calculated as the number of hours of the fee-based Services are functional, divided by the total number of hours within the respective calendar year.
4.3 Unavoidable downtime due to planned maintenance work shall be electronically notified to Customer in good time in advance (e.g., by e-mail).
5.1 In order to conclude a contract regarding DeepL’s Services under this Agreement the Customer must provide an e-mail address, set a password and enter a billing address and payment information. After that, a summary of the order will be displayed for review. When Customer, after agreeing to these Terms and Conditions and the Service Specification, clicks on the Order Button, the Customer makes a binding offer to conclude a contract ("Application for Contracting"). Until clicking on the Order Button, the Customer can cancel the order process at any time or change the information provided by deleting, adding or correcting the information provided in the various fields or by closing his web browser or tab.
5.2 DeepL reserves the right to reject Customer requests to conclude a contract. In this event, DeepL will display a respective message during the buying process, at latest when Customer has clicked the Order Button. In particular, DeepL rejects contracts with customers providing machine translation services, including but not limited to Amazon.com, Inc., Microsoft Corporation, Google LLC, Alphabet Inc., Apple Inc., Meta Platforms, Inc., and their subsidiaries, and DeepL may at any time on written notice terminate any Agreement entered into by or on behalf of, or used for the benefit of, such entities on written notice.
5.3 The Application for Contracting is accepted and the contract is concluded if, after clicking on the Order Button, the then following page is successfully loaded and a subscription number is provided.
5.4 Furthermore, in derogation of Sections 5.1 - 5.3, the contract concerning the services offered by DeepL can be entered into by other means of distance communication (e.g., e-mail). In this case, DeepL will provide the Customer with these Terms and Conditions and the Service Specification before entering into the contract, which will be entered into either as soon as DeepL expressly confirms the conclusion of the contract or by putting the Services at Customer’s disposal.
5.5 DeepL shall provide its Services immediately after conclusion of the Agreement.
5.6 The Agreement can be concluded in English or German language.
6.1 DeepL may provide Customer with a free trial subscription for selected Services at its own discretion.
6.2 After the free trial period, the free trial subscription is automatically extended to a paid subscription to the Service selected by the Customer. The free trial subscription can be terminated at any time during its term by DeepL or Customer. In the event that DeepL or Customer terminates the free trial subscription during its term, the free trial subscription is not continued as a paid subscription.
7.1 DeepL grants Customer a non-exclusive, non-transferable, non-sublicensable worldwide right to use and allow its Internal Users to use the Services for its internal purposes for the Subscription Term and within the scope of this Agreement, subject to the authorised number of Internal Users for which Customer has paid DeepL.
7.2 DeepL grants Customer a non-exclusive, non-transferable, non-sublicensable worldwide right to use the provided Documentation and support materials for the Subscription Term and within the scope of this Agreement, in particular, to reproduce them and provide them to Internal Users to the extent required for the intended use of the Services.
7.3 DeepL grants Customer a non-exclusive right to use the provided Code Samples for educational and internal development purposes without restriction in regard to time or location, in particular to reproduce the Code Samples and provide them to Internal Users, to modify and create derivative works of the Code Samples and to use, sublicense or distribute such derivative works without limitation.
7.4 All rights regarding the Content, Processed Content and/or Customer Training Data remain with Customer. However, Customer grants DeepL the non-exclusive worldwide right to use the Content, Processed Content and/or Customer Training Data solely in order to provide DeepL’s Services to Customer. In particular, Customer grants to DeepL the right to temporarily store, modify, process, translate, improve and transmit the Content, Processed Content and/or Customer Training Data, and to sublicense the foregoing rights to its subcontractors, to the extent required to provide the Services set out in this Agreement.
7.5 DeepL does not assume any copyright to the translations or improvements made by Customer using the Services. In the event that the translations or improvements made by Customer using the Services are deemed to be protected under copyright laws to the benefit of DeepL, DeepL hereby assigns to Customer, upon creation of such translations or improvements, all intellectual property rights that may accrue to DeepL in such translations or improvements without limitation and for any existing or future types of use, including without limitation the right to modify the translations or improvements and to create derivative works.
8.1.1 Customer shall use the Services solely for its internal purposes. Unless after expressly authorised by DeepL in writing, Customer shall not, and shall procure that its third parties (including Internal Users and End Users) shall not, use the Services, Processed Content created using the Services, Documentation or other data, information or service provided by DeepL:
8.1.2 Customer shall not, and shall procure that its third parties (including Internal Users and End Users) shall not:
8.1.3 Customer is obligated to keep, and shall procure that its Internal Users keep, the access credentials provided by DeepL secure and shall not disclose them to any third partys. Customer is not entitled to repackage or resell access credentials or its access to the Services to any third parties unless expressly agreed by DeepL in advance in writing.
8.1.4 Customer is obligated to observe all legal requirements for the collection, processing and use of data which is transmitted to DeepL and processed by DeepL for Customer in connection with the Services under this Agreement. Customer shall immediately enter into DeepL's data processing agreement (which shall be provided by DeepL) if Customer intends to transmit personal data to DeepL using the Services. Customer agrees not to collect, process or use any personal data in connection with the Services without the express consent of the data subject or without sufficient other legal authorisation. DeepL shall reasonably cooperate with Customer in order to assist Customer in implementing such required legal authorisations.
8.1.5 Customer shall defend, indemnify and hold DeepL harmless against any and all third-party claims (regulatory or judicial orders and claims) and all resulting losses, damages, fines and expenses (including court costs and reasonable legal fees), asserted against or incurred by DeepL arising out of or in connection with:
8.1.6 If a third party asserts such claims against DeepL, DeepL shall inform Customer about the asserted claims without undue delay and leave the defence at the discretion of Customer or undertake it in cooperation with Customer at the Customer's cost. DeepL shall not settle or recognise claims of third parties without Customer’s consent which shall not be unreasonably withheld or delayed. DeepL shall be entitled to request a reasonable advance payment for the anticipated legal defence expenses.
8.1.7 In the event that Customer uses Third-Party Applications to access the Services, Customer shall comply with the terms and acceptable use policies set out by the vendor of the Third-Party Application if applicable.
8.1.8 API-CAT-Keys must only be used for CAT (computer-assisted translation) applications. The general API must not be used in CAT applications.
8.1.9 Customer shall at all times use the Services in compliance with applicable laws, including all sanctions and export control laws and regulations.
8.1.10 Customer authorises DeepL to access their account settings for the purpose of supporting Customer’s onboarding to DeepL’s Services and general user management as well as account and subscription management throughout the subscription term (e.g., enabling the SSO set up, adding and deleting Internal Users, (re-)assigning team account administrators, enabling or adjusting account settings as requested by Customer). DeepL may also access Customer’s account settings for troubleshooting purposes and to carry out usage analytics for Customer’s subscription.
In addition to Section 8.1, the following shall apply concerning DeepL Translator Pro and DeepL Write Pro:
Customer shall not be allowed to access and control DeepL Translator Pro or DeepL Write Pro through automated procedures which may cause an increased number (exceeding usual human behaviour) of requests to DeepL Translator Pro or DeepL Write Pro.
In addition to Section 8.1, the following shall apply concerning the API:
8.3.1 Customer is solely responsible for the implementation of the API as well as the installation, operation and maintenance of Customer’s Application, including compliance of Customer’s Application with all applicable laws, regulations and other third party requirements.
8.3.2 Customer must comply with all technical requirements set out in the Service Specification and the Documentation. In particular, Customer must ensure that any Content is transmitted to the API in a valid data format and data encoding.
8.3.3 If Customer provides an Application to Customer’s End Users, Customer must disclose to these End Users that any Processed Content displayed to the End Users without manual modification of Customer has been created using the API by either displaying the logo or the brand name (including the domain) of DeepL, unless expressly agreed upon otherwise. However, Customer must not express or imply that DeepL is responsible for the Processed Content or that Customer acts on behalf of DeepL. Customer will cease any use of the DeepL logo and/or brand name immediately on DeepL’s request.
8.3.4 In the event that Customer uses the API within an Application which is distributed on third-party platforms (e.g., mobile apps), it is Customer’s sole responsibility to comply with any and all requirements and terms of service of such third-party platforms.
8.3.5 In the event that a disclosure of access credentials to third parties is required for the contractually intended use of the API, Customer shall and is solely responsible to take adequate and effective precautions to protect the access credentials from misuse or unauthorised access. In particular, access credentials may not be stored in configuration files in plain text and may not be transmitted over unencrypted public network connections.
8.3.6 Customer is obligated to adhere to any security precautions, functional and other limitations of the API. In particular, Customer must not bypass, remove, defeat, avoid, deactivate or otherwise circumvent protection or authentication mechanisms or misuse API methods for purposes other than those intended or expressly documented.
8.3.7 To the extent reasonable and technically possible, Customer must take precautions during the implementation of the Application using the API to ensure that Customer’s Application will continue to work properly even if the API is not available, whether caused by DeepL’s or Customer’s fault. DeepL shall have no responsibility for any failure of the Application caused by any failure of the API.
8.3.8 Customer shall immediately inform DeepL if there are reasons to expect a significant increase in the number of API Requests for reasons such as an extraordinary surge in End Users, unusual marketing, promotions or other campaigns.
8.3.9 Customer acknowledges that DeepL may update the API from time to time. If DeepL provides a new version of the API, Customer shall implement the new version of the API into Customer’s Application within such reasonable period of time specified by DeepL from the announcement of the new API version.
8.3.10 This Section 8.3 shall also apply to the DeepL API Free.
8.3.11 If Customer uses the DeepL API Free, Customer shall not process any personal data with the API. If Customer processes any personal data with the Free API in breach of this restriction, Customer will indemnify DeepL from all claims of third parties, including the necessary costs for legal defense as well as fines or other official or judicial orders and claims, which are asserted against DeepL as a result of the processing of personal data by Customer. Section 8.1.4 applies accordingly.
9.1 Customer shall pay the base charges as well as all usage-based charges as set out on the DeepL website upon conclusion of the Agreement and at the intervals specified.
9.2 All amounts shall be paid in full in the currency indicated on the invoice. The Customer shall bear all bank and transfer charges as well as any currency conversion costs (if any).
9.3 API Requests shall be billable in terms of Section 9.1 if (i) the API Request has been successfully transmitted using the API and (ii) there has been a valid API Response in accordance with the Documentation. Server errors shall be deemed as valid API Response only if they occur due to failures on Customer’s side, including the use of incorrect, incompatible or insufficient Content or other use of the API which does not comply with the technical requirements set out in the Service Specification or Documentation provided by DeepL. Charges for texts entered into DeepL Translator Pro or DeepL Write Pro shall be billable in terms of Section 9.1 if translated / improved and displayed in DeepL Translator Pro or DeepL Write Pro.
9.4 All amounts are understood to include applicable consumption or sales tax (e.g. VAT, sales tax or similar tax, as applicable according to applicable statutory tax regulations) unless expressely specified as “netto” or “net”. If the rate of such tax changes, DeepL may adjust the rate according to such change in law.
9.5 Unless Customer notifies DeepL in advance of any legal requirement, all invoices shall be made available to Customer exclusively in a digital format (e.g., as PDF files sent by e-mail to the invoice e-mail address indicated by Customer or available for download by Customer on the website in the customer account).
9.6 For Services with a fixed base charge, the charges are due at the beginning of each billing period.
9.7 If Customer chooses to pay by credit card or SEPA direct debit for Services with variable charges (in particular when using the API), DeepL reserves the right to debit advance payments in the course of the billing period. A first advance payment is due as soon as the number of characters has exceeded a certain equivalent value. The value of the advance payment may vary between an amount of 10 EUR and an amount of 500 EUR (according to the respective Customer and his usage behaviour). The relevant equivalent value related to the subsequent prepayments will be based on the future usage of Customer. The basic price of a subscription is due at the activation of a subscription and the basic price for the new billing period, as well as any outstanding usage-dependent payments, is due on the end date of the running billing period. Customer will receive a monthly invoice.
9.8 If DeepL is not able to debit the due advance payment in accordance with Section 9.7, DeepL may block the access of Customer to the Services. As soon as the debit is successful, DeepL will immediately restore the access.
9.9 DeepL reserves the right to block the access to the Services if Customer has not paid any due charges after having been sent a written notification by DeepL (a notification sent by e-mail will suffice). If the Customer pays all outstanding charges, DeepL will without any delay, but at the latest within three (3) Business Days after the receipt of the entire payment by DeepL, restore the access of Customer. Depending on the selected payment method, the following will apply additionally:
9.9.1 In case payments are made by invoice, DeepL will inform the Customer of the impending blocking after the due date and will request payment from the Customer. In case the payment is not made within a term of three (3) subsequent Business Days, DeepL will be entitled to block the access of the Customer. After the blocking, DeepL will send another payment request to the Customer in order to restore access.
9.9.2 In case DeepL is not able to debit the due payment for payments made by credit card or SEPA direct debit, DeepL will ask the Customer to update the agreed payment method or to provide a new payment method and will inform the Customer of the impending blocking. In case the debit continues to fail after the notification, DeepL is entitled to block access to the Services. After the blocking, DeepL will send another request to the Customer to provide a new payment method in order to restore access.
9.9.3 In the event and to the extent that Customer, in accordance with the applicable law, is obliged to withhold a certain amount related to taxes, duties, levies or similar (hereinafter referred to as the “Withholding Tax”) from payment to DeepL and remit to the respective tax authorities, the amount payable by Customer to DeepL shall be increased by the amount due for the said Withholding Tax. Consequently, in each case, DeepL shall obtain from Customer an amount corresponding to the amount Customer would have had to pay in case such Withholding Tax is not applied. Customer is obliged to withhold the Withholding Tax in the appropriate amount and in accordance with the requirements of the applicable law and to pay the said amount to the competent tax authorities. The Customer is obliged to provide DeepL with proof related to the proper withholding and corresponding payment of the due Withholding Tax. DeepL shall provide reasonable cooperation to Customer in order to determine whether the said deduction or withholding of Withholding Tax from the Service provided by DeepL is or was required. If this is the case, to the extent permitted by law, DeepL shall cooperate with the Customer in order to reduce the applicable Withholding Taxes and to assign to Customer any claim for repayment of the Withholding Tax (if applicable).
10.1 This Agreement is concluded for an indefinite period of time. Each Party may terminate the Agreement at any time with effect to the end of the current billing period.
10.2 If the Parties agree to a fixed term, the term shall be automatically extended by the agreed fixed term unless the Agreement is terminated prior to such renewal.
10.3 Without affecting any statutory termination rights (which Customer may exercise in accordance with applicable law), either Party may on written notice to the other terminate this Agreement with immediate effect if the other Party commits a material breach of this Agreement, which is incapable of remedy, or commits a material breach of this Agreement which is capable of remedy and fails to remedy such material breach within 30 days after receiving written notice requiring it to remedy that material breach.
10.4 DeepL reserves the right to restrict or suspend API features for other reasons than those specified in Section 3.2.4. In such case, DeepL shall inform Customer of the proposed changes with two months’ prior notice in writing (e-mail sufficient). Furthermore, DeepL shall grant Customer a reasonable period of at least two (2) months to confirm whether or not Customer accepts the proposed changes. If Customer does not give any notice within this period, which shall commence from the receipt of the notification, the proposed changes shall be deemed as agreed. DeepL shall inform Customer of to this legal consequence, i.e., the right of objection, the objection period, and the implications of remaining silent. In the event Customer objects to the change within the notice period, this Agreement can be terminated by either Party. In this case, Customer will be refunded fees already paid proportionally.
10.5 In the event
DeepL shall be entitled to temporarily suspend Customer’s access to the Services upon prior written notice (e-mail sufficient).
Notwithstanding any further rights of DeepL under this Agreement, DeepL shall restore access within a reasonable period of time if the breach does not continue, is no longer imminent, or Customer has provided a binding statement that the breach shall not be repeated.
In the event of an act with fraudulent intent, or on a reasonable suspicion of fraudulent intent, DeepL is entitled to suspend Customer’s access to the Services immediately and indefinitely on written notice to Customer (e-mail is sufficient). Fraudulent intent lies in particular in the following cases:
10.6 If Customer violates the restrictions on using the API key in certain types of products (Section 8.1.6), utilises Services with unlimited usage in a way in which they were not intended to (e.g., accessing DeepL Translator Pro or DeepL Write Pro in an automatic way) or allows more Internal Users to utilise Services than licensed, DeepL reserves the right to disable the access and terminate this Agreement with immediate effect. In this case, Customer will be refunded fees already paid proportionally.
10.7 For Services with a maximum monthly usage cap, DeepL will only allow the contracted number of characters (as described in the Service Specification) to be translated / improved within a billing period. Once the monthly usage limit is reached, Customer will no longer be able to use the Services, unless a Service with a higher number of characters has been purchased (if available).
10.8 Within the free trial period, Customer and DeepL are allowed to terminate this Agreement at any time with immediate effect.
10.9 If Customer exclusively uses free services, both Parties are entitled to terminate the Agreement at any time. Specifically, DeepL may terminate this Agreement if Customer has not used the free services for a longer period of time.
If Customer is a consumer in accordance with applicable mandatory law in the country where the individual is habitually resident, the following right of withdrawal for fee-based Services applies (also available at https://www.deepl.com/pro-revocation.html):
You have the right to withdraw from this Agreement within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of this Agreement.
To exercise the right of withdrawal, you must inform us (DeepL SE, Maarweg 165, 50825 Cologne, Germany, [email protected]) of your decision to withdraw from this Agreement by an unequivocal statement (e.g., a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this Agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of this Agreement.
To DeepL SE, Maarweg 165, 50825 Cologne, Germany, [email protected]:
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following Service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
(*) Delete as appropriate.
12.1 DeepL warrants that the Services shall perform in accordance with the Documentation and Service Specification in all material respects, other than where any non-conformance is caused by use of the Services in breach of this Agreement. DeepL does not give any guarantee regarding the correctness of the translations created by the machine translation system.
12.2 Customer shall immediately inform DeepL of any occurring non-conformity in writing (email to [email protected] is sufficient) and Customer shall assist DeepL in rectifying the defects free of charge, in particular by providing DeepL with all required documents, data and other information required to analyse and correct the defects.
12.2.1 If the Services do not conform with the foregoing warranty, DeepL shall, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide Customer with an alternative means of accomplishing the desired performance, and failing which DeepL shall refund any charges already paid in advance proportionally. Such correction, substitution or refund constitutes Customer's sole and exclusive remedy for any breach of the warranty set out in Section 12.1. If third-party software which DeepL has licensed from third parties is being used, procurement of publicly available upgrades, updates or patches shall be deemed sufficient.
12.3 DeepL does not warrant that the Customer's use of the Services shall be uninterrupted, or that the Services or Processed Content shall be completely accurate or error free or meet Customer's requirements.
12.4 DeepL is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
12.5 Customer assumes sole responsibility for the results it obtains from the use of the Services, and for conclusions drawn from such use. DeepL shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to DeepL by Customer (including any Content or Customer Training Data), or any actions taken by DeepL at Customer's direction.
12.6 Except as expressly and specifically provided in this Clause 12:
12.7 If Customer is a consumer in accordance with applicable mandatory law in the country where the individual is habitually resident, Customer is entitled to such statutory warranty rights applicable to a consumer under this Agreement and DeepL will honour any mandatory consumer duty to provide Customer with Services that are as described on our website and that meet requirements imposed by applicable law.
13.1 Nothing in this Agreement limits or excludes the liability of either Party for death or personal injury caused by its negligence, or the negligence of its personnel, agents or subcontractors; fraud or fraudulent misrepresentation; or any other liability which cannot be limited or excluded by applicable law.
13.2 Neither Party shall be liable to the other Party under this Agreement (whether such liability arises in contract, tort (including negligence), misrepresentation, breach of any duty, or otherwise) for any (i) loss of profits, loss of business, depletion of goodwill and/or similar losses, or loss or corruption of data or information, or pure economic loss; or (ii) special, indirect or consequential loss, costs, damages, charges or expenses, in each case however arising under or in connection with this Agreement.
13.3 Each Party's total aggregate liability under this Agreement in any 12-month period (whether such liability arises in contract, tort (including negligence), misrepresentation, breach of any duty, or otherwise) shall be limited to the charges paid or payable during the 12 months immediately preceding the date on which the claim arose.
13.4 Nothing in this Agreement limits or excludes the liability of Customer for:
13.5 If Customer is a consumer in accordance with applicable mandatory law in the country where the individual is habitually resident:
14.1 DeepL can modify and adapt these Terms and Conditions with effect from a future stated date. Such changes may be required because of a technical change in the Services or in order to integrate new features, due to third party requirements, due to changes in applicable law, or for other reasonable reasons.
14.2 DeepL will submit the modified Terms and Conditions in text form to the Customer at least eight (8) weeks before they are planned to come into force and will make a separate reference to the new provisions and to the date of their effect. DeepL will grant the Customer a reasonable duration of time of at least eight (8) weeks in order to decide whether the Customer accepts the amended Terms and Conditions for the further use of the Services. If no objection is made within this period, which shall start from the receipt of the notification, the modified Terms and Conditions shall be deemed to apply. DeepL shall separately advise Customer at the commencement of the notice period as to this legal consequence, i.e., the right of objection, the objection period, and the consequences of a failure to object. In case the Customer objects to the modification within the notice period, the Agreement may be terminated by either Party on written notice to the other. In this case, Customer will be refunded fees already paid proportionally.
DeepL's customer service team will do their best to resolve any problems you have, and you can contact them at DeepL Support, e.g., in writing at DeepL SE, Maarweg 165, 50825 Köln, Germany, or via the contact form (https://support.deepl.com/hc/requests/new).
If Customer is a consumer in accordance with applicable mandatory law in the country where the individual is habitually resident, if an alternative dispute resolution ("ADR") procedure applies you may seek to invoke ADR to resolve any dispute under this Agreement. However, DeepL is under no obligation to participate in such ADR unless required by applicable mandatory law.
For options on ADR, you may consider contacting relevant accredited bodies. For example in the UK: Chartered Trading Standards Institute (www.tradingstandards.uk) or The UK International Consumer Centre (www.ukecc.net).
16.1 This Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings. No terms and conditions of Customer shall form part of this Agreement, unless DeepL has expressly and specifically agreed in writing to them applying.
16.2 Unless otherwise expressly provided in these Terms and Conditions. amendments to this Agreement and any side agreements, including the Service Specification, the main body of this Agreement and any potential appendices, must be made in written form between the Parties. This also applies to a waiver of this Section 16.2.
16.3 Neither Party shall be liable under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control.
16.4 This Agreement does not confer any rights on any person or party other than DeepL and the Customer.
16.5 Should any provision or part-provision of this Agreement be invalid or unenforceable, it shall be deemed deleted and the validity of the remaining provisions shall remain unaffected. If any provision or part-provision of this Agreement is deemed deleted under this Section, the Parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
16.6 Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
16.7 DeepL may at any time assign, transfer, charge or deal in any other manner with all or any of its rights or obligations under this Agreement to a third party taking over the business or Services of DeepL. DeepL may subcontract certain elements of the Services, but shall remain responsible for performance of this Agreement.
17.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. In the event that Customer is a consumer (according to applicable mandatory law in the country where the individual is habitually resident), any mandatory statutory consumer regulations (according to the law of the country where the consumer is resident) shall remain unaffected.
17.2 Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
The DeepL API Pro and DeepL API Free are accessible through a REST interface. Request parameters are used to pass information to the DeepL API Pro or DeepL API Free, results are returned in a suitable representation (e.g., JSON). Request parameters must be encoded in accordance with the documentation provided under https://developers.deepl.com/docs. Authentication is based on fixed keys, SSL handling transport security. The translate function provides the following functionality:
The translate function returns the following representation of the processing result:
The DeepL API Pro and DeepL API Free allow Customer to translate whole documents. Ability to translate documents is subject to the ability of the DeepL API Pro or DeepL API Free to correctly read and translate the documents, which can't be guaranteed.
Requirements and limitations for document translation:
For document translations, a minimum of 50,000 characters per document is charged.
The DeepL API Pro (v2 endpoint only) also includes a text improvement function. This function is only available to users with a DeepL API Pro subscription type. The text improvement function provides the following functionality:
The write function returns the following representation of the processing result:
The DeepL API Pro and DeepL API Free are designed to process at least 600 characters per minute and per Customer; exceeding use may be limited, and Customers may encounter a 429 “Too Many Requests” error message, as described in the documentation.
Applications using the DeepL API Pro or DeepL API Free should implement a mechanism to handle such responses accordingly and, if appropriate, to try again later. A mechanism increasing the delay for another request exponentially is recommended.
DeepL Translator Pro offers a service accessible by Customer using their DeepL Pro access credentials. Access can be via a website or Microsoft Windows or MacOS application. The service allows to input texts and receive their machine translations. As DeepL Translator Pro uses the API for translating, it supports the set of source and target languages as described in Section 1 of the Service Specification.
Within DeepL Translator Pro, Customer's texts and their translations will be processed as long as necessary for the performance of the Service (as described in Section 3.1.2 and 3.1.3 of the Agreement).
DeepL Translator Pro can process translation requests more slowly or temporarily suspend the access to the Services on a case-by-case basis if the length of the entered texts significantly exceeds the normal and reasonable use (starter: 1 million characters per month, Advanced: 5 million characters per month, Ultimate: 10 million characters per month) and therefore the availability of the Services to all customers of DeepL is affected.
In addition, browsers, their JavaScript execution environment, and the HTTP transmission techniques used impose technical limits. DeepL Translator Pro will try to notify the Internal User about exceeding these limits and warn about possible performance issues.
DeepL Translator Pro allows Customer to translate whole documents. Ability to translate documents is subject to the ability of DeepL Translator Pro to correctly read and translate the documents, which can't be guaranteed.
Requirements and limitations for document translation:
DeepL Write Pro offers a service accessible by Customer using their DeepL Write Pro ac-cess credentials. Access can be via a website or Microsoft Windows or MacOS application. The service allows Customer to input texts and receive their improved versions based on machine learning.
DeepL Write Pro supports the following languages:
Within DeepL Write Pro, Customer's texts and their improved versions will be processed as long as necessary for the performance of the Service (as described in Section 3.1.2 and 3.1.3 of the Terms and Conditions). DeepL Write Pro can process requests more slowly or temporarily suspend the access to the Services on a case-by-case basis if the length of the entered texts significantly exceeds the normal and reasonable use (DeepL Write Pro: 1 million characters per month), and therefore the availability of the Services to all customers of DeepL is affected. In addition, browsers, their JavaScript execution environment, and the HTTP transmission techniques used impose technical limits. DeepL Write Pro will try to notify the Internal User about exceeding these limits and warn about possible performance issues.