Last updated: July 9th, 2019
You should monitor the Scite Developer Website to ensure You are aware of any changes in the API Terms, the Scite Policies, or any other applicable legal documents. In the event You cannot agree to any changes in any applicable legal document, You will immediately cease any and all use of the Scite API and, where applicable, any and all use of the Scite Service.
To access and use the Scite API, You must create an account. You may create only one (1) account and You must complete the registration process by providing current, complete and accurate information (including Your email address) when prompted. If Your contact information changes, You agree that You will promptly update Your account information to reflect those changes. You will be issued one or more unique passwords, security codes, or tokens (each, a “Security Code”) for accessing the Scite API and managing Your account. You may only access Your account with the Security Codes provided to You by Scite. You may not sell, transfer, sublicense or otherwise disclose Your account or Security Codes to any other party. Maintaining account security is very important to the integrity and security of the Scite API and the Scite Service; You acknowledge that any failure to maintain the security of your account in accordance with these API Terms shall be a material breach of these API Terms. You are entirely responsible for maintaining the confidentiality of Your account and Security Codes. You agree to notify Scite immediately if You believe that Your account or Security Codes have been compromised. You are fully responsible for all activities that occur using Your account and Security Codes, regardless of whether such activities are undertaken by You or a third party.
As an exception to Section 4 of the Scite Terms of Service, and subject to Your compliance with these API Terms and all other terms of the Scite Policies, Scite grants to You a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable right to use the Scite API for the sole purpose of developing software applications that can interface and communicate with the Scite Service for the purpose of displaying and transmitting Transmitted Content via the Scite Service, as made available on or through such software applications (e.g., for enabling users of such software applications that displays a scientific scholarly work to view statistics regarding the frequency with which such work is cited in other scientific scholarly works).
As used herein, the term “Transmitted Content” means metadata arising from the Scite Service regarding the citation history of individual scientific scholarly works or otherwise permitting users to analyze the veracity of scientific scholarly works. Transmitted Content does not include the text of, or any text “snippets” excerpted from, any scientific scholarly works. Transmitted Content may be provided pursuant to agreements between Scite and certain third-party licensors of Scite, including, without limitation, CrossRef (collectively, “Transmitted Content Providers”).
Through Your use of the Scite API, You agree that You will not, directly or indirectly, violate any applicable laws, the rights of others, or the operational and security mechanisms of the Scite Service. Examples of such prohibited behavior include, but are not limited to, directly or indirectly:
Further, You agree that:
Scite may limit the number of network calls that Your applications may make with the Scite API, and/or the maximum Transmitted Content that may be accessed, or anything else about the Scite API and the Transmitted Content, all of which shall be done at Scite’s sole discretion except as provided in an applicable SOW. Scite may change such usage limits at any time and without notice except as otherwise provided in an applicable SOW. Without limiting any of its rights under the Scite Policies, these API Terms or otherwise, Scite may use technical means to prevent overusage and/or stop usage of the Scite API if an application exceeds usage limitations.
You agree to provide Scite and the Transmitted Content Providers with access to Your Application and/or other materials related to Your use of the Scite API as requested by Scite or the Transmitted Content Providers to verify Your compliance with these API Terms. You agree that Scite and the Transmitted Content Providers may monitor the applications You develop (including, but not limiting to, crawling such applications) solely for purposes of ensuring your compliance with these API Terms and You agree not to block or interfere with such efforts by Scite or the Transmitted Content Providers.
Except as otherwise provided in an SOW, You agree to make Transmitted Content available to users of Your application in accordance with your ordinary pricing models and shall not charge users of Your application an additional fee for use of a “premium” version (or similarly named version) of Your application that, when compared to the “standard” version (or similarly named version) of Your application, is materially different solely in that it makes Transmitted Content available to the user. You must clearly and conspicuously identify the source of all Transmitted Content as received from Scite. You may not modify, obscure or otherwise disable the functioning of links to Scite or Transmitted Content Providers’ applications or websites provided within Transmitted Content except with Scite’s prior written consent. You shall not omit, modify or obscure any aspect of the Transmitted Content except with Scite’s prior written consent. Any use by You that either Scite or any Transmitted Content Provider determines is unacceptable for any reason shall be deemed a violation of these API Terms and Scite may, at its discretion, immediately terminate the licenses granted herein or discontinue Your access to the Scite API.
Your license to the Scite API under these API Terms continues until it is terminated by either party. You may terminate the license by discontinuing use of the Scite API. Scite may terminate the license at any time for any reason. Scite may also disable or remove from the Scite Service or otherwise any application developed by You under the Scite API at any time for any reason. Without limiting the foregoing, Your rights to use the Scite API terminate automatically if (i) You violate the letter or spirit of any of these API Terms or the Scite Policies, (ii) Scite publicly posts a general written notice of termination of these API Terms on the Scite Developer Website, (iii) Scite sends a written notice of termination to You, or (iv) Scite disables Your access to the Scite API or disables or removes from the Scite Service any application developed by You under the Scite API.
Within forty-eight (48) hours following any termination of these API Terms, You shall delete from Your application and data retention systems all data derived from the Scite API, including all Transmitted Content. Further, You shall delete all data specific to any end user or their session utilizing Your Scite API-enabled application within twenty-four (24) hours of the expiration of such session.
Scite may, but shall not be required to, provide a user rating system or evaluation method on the Scite Developer Website for registered users to post positive or negative comments and ratings about the applications developed by You using the Scite API. This system will allow users to view any comments about a particular application or application developer which have been posted by other users who have downloaded and installed their applications. Users may choose to make decisions on whether to download and install applications developed by You based on other users’ ratings and comments. Please note that Scite does not intend to censor nor check for accuracy the opinions or comments of its registered users as posted on other users’ rating histories, nor is Scite legally responsible for the nature of the opinions or comments posted (whether they are libelous, defamatory or otherwise). You will not hold Scite responsible for any user’s actions or inactions, including things they post.
You may only use the following references to Scite, the Scite API and the Scite Service in connection with Your application:
You should not design or name Your application, or any website that hosts Your application, in a manner that suggests that Scite has endorsed, certified or otherwise approved the application or website. Specifically, You acknowledge that Your application must prominently display the following statement in the help text or about text:
You further acknowledge and agree that you will not use the word “Scite”, or any confusingly similar word designed to sound or look like “Scite”, in any domain name associated with You, Your website, or Your application.
Scite™ and the Scite logo are registered trademarks of Scite, Inc. and all other proprietary trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Scite Service are the property of Scite, Inc. Except as provided above, You may not use any Scite logos, trademarks, service marks, or other proprietary information without the prior express written consent of Scite. Additionally, except to the extent appearing in any Transmitted Content, You may not use any Transmitted Content Provider logos, trademarks, service marks, or other proprietary information without the prior express written consent of such Transmitted Content Provider. Unauthorized references or use of such items shall be considered a material breach of the API Terms as well as the Scite Policies and any other agreement You may have entered into with Scite and shall result in immediate termination thereof. Such termination shall be without limitation to Scite’s right to claim damages, seek injunctive or other equitable relief and obtain other remedies from You.
The Scite API is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Scite’s rights apply to the Scite API and all output and executables of the Scite API, excluding any software components developed by You which do not themselves incorporate the Scite API or any output or executables of the Scite API. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these API Terms. Scite owns all rights, title, and interest in and to the Scite API. These terms grant You no right, title, or interest in any intellectual property owned or licensed by Scite, including (but not limited to) the Scite API and Scite trademarks, and any Transmitted Content.
You acknowledge and agree that Scite and other Scite API users may independently develop other applications through their use of the Scite API or otherwise which are identical or similar to Your application in function, code or other characteristics. You agree that You will have no ownership or intellectual property rights in such applications. You further acknowledge and agree that any application developed by Scite and using the Scite API which may be identical or similar to Your application in function, code or other characteristics will not be deemed to violate in any manner any of Your rights in Your application, and that any such characteristics are coincidental in nature. In this regard, You expressly agree not to bring claims against Scite for copyright infringement or otherwise based on the sole fact that an application developed by Scite and using the Scite API is identical or similar to Your application utilizing the Scite API in function, code or other characteristics. By submitting or otherwise making available an application that uses the Scite API, You acknowledge and agree that Your application and/or its functionality is not exclusive to Scite, the Scite Service and/or to third parties, and may be replicated, imitated or otherwise duplicative with other applications or functionality developed by Scite or third parties.
You hereby grant Scite a limited, non-exclusive license to perform, display and make available any application developed by You using the Scite API on the Scite Main Website and through the Scite Service.
You agree to indemnify, hold harmless and defend Scite and its affiliates, parent companies, subsidiaries, officers, directors, employees, consultants, agents, business partners, Transmitted Content Providers and network service providers (collectively, the “Related Parties”) at Your expense, against any and all damages, claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by Scite or any of the Related Parties arising out of or relating to Your (a) violation or breach of any term of these API Terms, the Scite Policies, any applicable Payment Agreement, or any applicable law, regulation, policy or guideline, whether or not referenced herein, (b) use or misuse of the Scite API, or (c) violation of any rights of any third party.
THE SCITE API IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SCITE, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SCITE API, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. SCITE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SCITE API WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES SCITE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF TRANSMISSIONS OF DATA MADE THROUGH THE SCITE API.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SCITE API REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
As some jurisdictions do not allow some of the exclusions set forth in this section, some of these exclusions may not apply to You.
IN NO EVENT SHALL SCITE OR ANY RELATED PARTIES BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SCITE API, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF SCITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SCITE API IS TO UNINSTALL AND CEASE USE OF THE SCITE API.
As some jurisdictions do not allow some of the exclusions set forth in this section, some of these exclusions may not apply to You.
Reservation of Rights; Modification. Scite reserves all rights not expressly granted in these API Terms. Scite may modify these API Terms at any time by providing such revised API Terms to You or posting the revised API Terms on the Scite Developer Website. Your continued use of the Scite API shall constitute Your acceptance to be bound by the terms and conditions of such revised terms.
Third Party Beneficiaries. In addition to these API Terms, Your use of the Scite API and Transmitted Content is subject to the separate API use requirements, if any, of each of the Transmitted Content Providers. You hereby acknowledge and agree that the Transmitted Content Providers are third party beneficiaries with respect to these API Terms with full power and authority to enforce the provisions of these API Terms as if a direct party hereto, including, without limitation, the ability to terminate the licenses granted to You under these API Terms at any time for any reason. The Disclaimer of Warranties and Limitation of Liability of these API Terms shall apply to the Transmitted Content Providers as if the Transmitted Content Providers directly made such disclaimers and limitations of liability therein.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Scite as a result of these API Terms or Your use of the Scite Service.
Assignment. Scite may assign these API Terms, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign these API Terms without Scite’s prior written consent, and any unauthorized assignment by You shall be null and void.
Attorneys’ Fees. In the event any litigation is brought by either party in connection with these API Terms, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Scite’s failure to enforce any provision of these API Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Scite of any provision, condition or requirement of these API Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by You or required under these API Terms shall be in writing and addressed to: Scite, Inc., 2 North 6th Place #31A, Brooklyn, NY 11249, Attention: CEO.
Equitable Remedies. You hereby agree that Scite would be irreparably damaged if the terms of these API Terms were not specifically enforced, and therefore You agree that Scite shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these API Terms, in addition to such other remedies as Scite may otherwise have available to Scite under applicable laws.
Entire Agreement. These API Terms, together with any applicable SOW and the Scite Policies, constitutes the entire agreement between You and Scite with respect to the Scite API and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between You and Scite with respect to the Scite API.
Severability. Should any term or provision of these API Terms be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these API Terms shall remain in full force and effect.
To the maximum extent permitted by applicable law, effective upon Your consent hereto, and reaffirmed upon every occasion You use the Scite API or distribute software that uses the Scite API, You release, and waive all claims against Scite, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to Your use of the Scite API. You understand that any fact relating to any matter covered by this release may be later found to be untrue even though it is now believed to be true, and You accept and assume the risk of such possible differences in fact. In addition, You expressly waive and relinquish any and all rights and benefits which You may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
Binding Arbitration. If the parties fail to resolve a Claim through negotiations, within such thirty (30)-day period, either You or Scite may elect to have the Claim (except as otherwise provided in clause (f)) finally and exclusively resolved by binding arbitration by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these API Terms. In the event of a conflict between the terms set forth in this clause (b) and the JAMS Rules, the terms in this clause (b) will control and prevail.
Except as otherwise set forth in clause (f) below, You may seek any remedies available to You under federal, state or local laws in an arbitration action. As part of the arbitration, both You and Scite will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these API Terms, (i) You and Scite may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision is final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND SCITE ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE API TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY ACCESSING AND CONTINUING TO USE THE SCITE API, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SCITE THE RIGHTS SET FORTH HEREIN.