Thank you for using the Scite website at https://scite.ai (the “Site”) and using Scite, Inc.’s (“Company” or “we” or “our” or “us”) corresponding service that combines natural language processing with a network of experts to evaluate the veracity of works of scientific scholarship (such service collectively with the Site, the “Service”). These Terms of Service (this “Agreement”) governs your browsing, viewing and other use of the Service, including your interactions with other users.
Please read this Agreement carefully, as it (among other things) provides in Section 14 that you and the Company will arbitrate certain claims instead of going to court and that you will not bring class action claims against the Company. Please only create a Service account or otherwise use the Service if you agree to be legally bound by all terms and conditions herein. Your acceptance of this Agreement creates a legally binding contract between you and the Company. If you do not agree with any aspect of this Agreement, then do not create a Service account or otherwise use the Service.
If you are viewing this on your mobile device, you can also view this Agreement via a web browser on your computer at https://scite.ai/terms.
Note for Children. Use of the Service by anyone under the age of 13 is prohibited. By using the Service, you represent and warrant that are you at least 13 years of age.
The Service allows, or may in the future allow, for users to upload or otherwise submit content that may be viewed by other users. As further described in Section 7.4, inappropriate content, including without limitation content that is obscene, pornographic or defamatory, is not allowed and is subject to removal. If you see any prohibited content within the Service, please use the flagging feature to notify the Company. Users who upload prohibited content may have their accounts terminated.
2.1 It is the ultimate responsibility of each user to determine whether to cite an Article on the basis of analyses performed using the Service, and Scite shall have no liability to any user arising from research performed using the Service. You acknowledge that Scite’s sole involvement in your interactions with Articles is to make available a platform for you to analyze Articles using the Service, so that you may draw your own conclusion as to whether each Article you view is an acceptable source for citation. You are solely responsible for investigating the qualifications, experience, skills and credentials of any author of any Article you view or analyze using the Service.
2.2 You are solely responsible for determining your legal obligations in relation to any Article you cite after viewing or analyzing such Article using the Service, including as may relate to intellectual property rights. The Company does not provide legal advice.
2.4 While the Company does not control the acts or omissions of Service users, the Company does desire for Service users to have a good experience using the Service and interacting with other users. All users must abide by any community guidelines that may be promulgated by the Company and made available at https://scite.ai/guidelines as well as within the Service itself. Without limiting the Company’s other rights to terminate this Agreement or your use of the Service, you acknowledge that the Company may terminate your use of the Service and this Agreement in the event that the Company determines (in its sole discretion) that you have breached any portion of this Section 2.4.
Ownership; Proprietary Rights. As between you and the Company, the Company owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Service (including without limitation the Company’s proprietary classifier technology) and all usage and other data generated or collected in connection with the use thereof (collectively, the “Company Materials”). Except as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, algorithm or programs underlying the Company Materials. The Company reserves the right to modify or discontinue the Service or any version(s) thereof at any time in its sole discretion, with or without notice.
For clarity, the Company Materials do not include the content of Articles, which may be subject to third-party copyrights and are made available to you subject in all respects to the terms and conditions of all applicable intellectual property licenses (each, a “License”) granted to Scite by its third-party licensors (each, a “Licensor”). Accordingly, the Classifier Results you may use to perform analyses using the Service may be derived from text and data mining of Articles performed subject to the applicable License(s). By your use of the Service, you acknowledge and agree that you will not: (i) use any Classifier Results in violation of any License; (ii) create derivative works of any Classifier Results (including translations thereof); (iii) remove, obscure, or change an author’s name or affiliation or any Licensor’s copyright notices, policies, disclaimers, or other means of identification as the same are included in any Articles or Classifier Results; (iv) knowingly permit anyone other than authorized users of the Service to access or use any Classifier Results; (v) make any use of the Classifier Results that is not for the purpose of analyzing whether a scientific claim made in an Article has been supported or disputed by subsequent Articles; or (vi) use or distribute the Classifier Results in any way that would compete with or substitute any Licensor’s sales, subscriptions, products, services or ability to provide access to Articles (or any part thereof).
By signing up for any paid Service account and providing your payment information, you agree to pay us (and authorize our Payment Processor to charge you) the recurring and/or nonrecurring fees as displayed to you at the time you create your account and as may be modified from time to time as described in this Agreement, as well as any other fees you expressly choose to incur in connection with your use of the Service. Unless otherwise specified upon enrollment, for subscription products or services, your payment method will be authorized for up to a month and on a monthly basis thereafter until you cancel the subscription. You acknowledge and agree that the payment method provided by you will be automatically charged the fees you incur in connection with your use of the Service, and represent and warrant that you have all necessary rights relating to such payment instrument to authorize Company to make such charges. Your use of the Service may be suspended if we are unable to charge such payment instrument for any reason or if your account is otherwise past due. The fees applicable to your account may be subject to modification from time to time pursuant to notice (which may be given via e-mail) provided by us at least thirty (30) days in advance of the payment date for which the modification would be effective. You may at any time cancel your account as set forth below if you do not agree to any modified fees. All fees must be paid in U.S. dollars (or such other currency(ies) which may be accepted by Company from time to time, as indicated at the time of payment) and are non-refundable.
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING US AT firstname.lastname@example.org OR BY DOWNGRADING YOUR ACCOUNT IN THE SETTINGS SECTION ON THE WEBSITE. IF YOU CANCEL YOUR SUBSCRIPTION, YOU MAY STILL USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION MONTH. TO NOT BE CHARGED FOR YOUR SUBSCRIPTION FOR THE FOLLOWING SUBSCRIPTION MONTH, YOU MUST CANCEL YOUR SUBSCRIPTION AT LEAST THIRTY (30) DAYS PRIOR TO THAT MONTH, OR YOU WILL OTHERWISE BE CHARGED FOR THAT MONTH’S SUBSCRIPTION. ALL CANCELLATION REQUESTS RECEIVED LESS THAN THIRTY (30) DAYS BEFORE THE FOLLOWING SUBSCRIPTION MONTH WILL APPLY TO THE FOLLOWING CYCLE.
7.1 The Service may allow you and other users to upload, post and share text, images, audio and video, including in a manner such that it may be viewed by other end users of the Service (“Media”). All Articles and anything else that is not uploaded or posted to the Service by a user are not “Media” and are not subject to the licenses granted in Section 7.3 below. You acknowledge that all posted Media is stored on and made available through the Service by the Company’s servers and not on your device.
7.2 You understand that all Media is provided to you through the Service only on an “as-available” basis and the Company does not guarantee that the availability of Media will be uninterrupted or bug free. You agree you are responsible for all of your Media and all activities that occur under your user account.
7.3 You shall retain all of your ownership rights in your Media. You hereby grant the Company a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, display, transmit and prepare derivative works of your Media, and to additionally distribute and publicly perform Media in connection with the Service and the Company’s (and its successor’s) business, in any media formats and through any media channels. The Company agrees not to display your Media in any advertising materials without your consent, other than the display of Media on web sites owned or controlled by the Company (such as http://www.scite.ai). You also hereby grant to each user of the Service a non-exclusive license to access and view your Media as permitted by the functionality of the Service and this Agreement. The aforementioned licenses will terminate with respect to any particular item of your Media when you or the Company remove it from the Service, provided that (i) any sublicenses may be perpetual and irrevocable and (ii) you acknowledge that such licenses survive to the extent necessary for a copy of your Media to be retained by the Company.
7.4 In connection with your Media, you further agree that you will not: (i) use material that violates any third party intellectual property or proprietary rights, including privacy and publicity rights; (ii) use material that is unlawful, defamatory, libelous, threatening, pornographic, obscene, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, violate any law or is otherwise inappropriate; or (iii) post advertisements or marketing content or solicitations of business, or any content of a commercial nature. The Company may investigate an allegation that any Media does not conform this to Agreement and may determine in good faith and in its sole discretion whether to remove such Media, which it reserves the right to do at any time. If you are a copyright holder or agent of a copyright holder and believe in good faith that your content has been used in connection with the Service in a manner that is not authorized by the copyright owner, its agent, or the law, you may follow the process outlined at https://scite.ai/copyright to notify the Company’s designated agent (pursuant to 17 U.S.C. § 512(c)) and request that the Company remove such content.
7.5 You hereby acknowledge that you may be exposed to Media from other users that is inaccurate, offensive, obscene, indecent, or objectionable when using the Service, and further acknowledge that the Company does not control the Media posted by Service users and does not have any obligation to monitor such content for any purpose.
14.1 Agreement to Arbitrate. This Section 14 is referred to herein as the “Arbitration Agreement.” The parties that any and all controversies, claims, or disputes between you and Company arising out of, relating to, or resulting from this Agreement, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
14.2 Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
14.3 Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 13. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against the Company.
14.4 Venue. The arbitration shall be held in New York, New York unless prohibited by law, in which event the arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
14.5 Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the state of New York, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Service users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
14.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees“) will be governed by the AAA’s Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
14.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
14.8 Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 14.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 14.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.