1. Introduction
These Terms of Service apply to the use of ScoutinScience (as defined below). By using ScoutinScience, you agree to the Terms of Service. If you do not wish to agree on them, you cannot use ScoutinScience.
ScoutinScience B.V., (hereinafter “ScoutinScience”) is a company with limited liability being established and existing under the laws of The Netherlands, having its registered office at Kolweg 53, 7451 AB Holten, and active on www.scoutinscience.com
We advise you to read these Terms of Service carefully so that you are aware of your rights and obligations when using ScoutinScience.
2. General
ScoutinScience has developed a website and model which is a database of research and technologies based on public data (hereinafter “Content”). The service of ScoutinScience consists of making the Content accessible through the Website in the form of a Data information & interpretation as a Service under the name ScoutinScience (hereinafter “ScoutinScience”). You obtain access to ScoutinScience through your Account (hereinafter “Account”). The Content could also be provided in a report, depending on the type of service that is agreed upon.
If you comply in full with all obligations pursuant to these Terms of Service, ScoutinScience will grant you a limited, personal, revocable, (non-)exclusive, non-sub-licensable and non-transferable right to use ScoutinScience, including the Content.
These Terms of Service apply, to the exclusion of your terms of conditions, to all agreements between you and ScoutinScience and every use made of ScoutinScience via your Account.
ScoutinScience may, at all times, amend or supplement these Terms of Service. The most up-to-date Terms of Service can always be found on the Website. Continued use of ScoutinScience after any such changes shall constitute your consent to the changes.
Additions to and/or deviations from these Terms of Service are only valid when confirmed in writing by ScoutinScience.
3. Service and Availability
To the best of its ability, ScoutinScience will make efforts to provide ScoutinScience with due care. ScoutinScience may use subcontractors or third-party licensors to provide ScoutinScience.
Each and every use of ScoutinScience is for your own risk and responsibility. You accept that ScoutinScience, including the Content, only contains the functionalities and other characteristics as it contains at the moment of your use (“as is” and “as available”).
ScoutinScience is at all times entitled, without prior announcement and without in any becoming liable to you:
– to make procedural and technical alterations and/or improvements to the Content and/or ScoutinScience and
– to (temporarily or permanently) discontinue, limit or terminate ScoutinScience or your Account. ScoutinScience will notify you of the temporary unavailability or restricted use of ScoutinScience insofar as reasonably possible.
4. Account and Subscriptions
ScoutinScience services can be provided via two business models: a service agreement and/ or a subscription. The service agreement is described in a project agreement, including details about reporting.
To use ScoutinScience via subscription, you must create an Account by following the registration process on the Website and agree to the offer made to you. You may also place a direct order (by your institute or notified body) by mail to order@scoutinscience.com or by mail to your contact person within ScoutinScience B.V.. You warrant that all information you provide to ScoutinScience, including the information you provide during registration is accurate, complete and up to date at any time. You warrant that you have permission of your institute or organization to create an Account and to make such decisions as to bind the institute contractually and financially into a contract with ScoutinScience B.V.
Upon registration of the Account you receive and/or create identifiers in order to obtain access to the Account. You are responsible for keeping the identifiers secret. As soon as you know or have reason to suspect that the identifiers are no longer secret, or that the Account is being abused, you must notify ScoutinScience immediately and take all necessary steps to prevent unauthorized access. ScoutinScience is not liable for any loss or damage of unauthorized access or use of your Account.
A User must obtain personal identifiers to access to the Account of a Customer. The Customer is the person or legal entity that has a subscription for the use of ScoutinScience by a set number of Users. Separate identifiers may be created for as many Users as Customer’s plan allows.
If the subscription of the Customer terminates, for whatever reason, User’s right to access and/or use ScoutinScience will be terminated automatically. It is not permitted to:
– create multiple users under one (1) Account.
– create an Account for another natural person or legal entity not affiliated with you or your institute. – provide access to the Account to another natural person or legal entity.
– create more identifiers for Users to Customer’s Account than licensed by ScoutinScience.
– create an Account by “bot” or any other automated method, Account creation is solely permitted to humans.
5. Your Obligations
You may not resell, distribute, or in any other way make profit using the Content of ScoutinScience.
You are not permitted to use ScoutinScience for a purpose as listed below or make content – including all information, data or material (hereinafter “Content”) – available: which, at the discretion of ScoutinScience, is discriminating or is otherwise deemed hurtful, offensive, or inappropriate.
– in which personal data is made available, other than in compliance with applicable law;
– which contains viruses, Trojan horses, worms, bots or other software which can damage automated work or make it unusable or inaccessible or delete it, or which can appropriate it or which is intended to circumvent technical protection measures of ScoutinScience, the Content and/or the computer systems of ScoutinScience;
– which infringes the rights of ScoutinScience and/or third parties, including but not limited to IP-rights, copyright rights or rights concerning the protection of privacy;
– which qualifies as or transmits unwanted or unsolicited material or content (spam);
– is contrary to these Terms of Service or any applicable laws or regulations, is in any other manner unlawful or which could prejudice the interests and reputation of ScoutinScience.
ScoutinScience reserves the right, without prior notice, to abridge, alter, refuse and/or remove Content if this is necessary in ScoutinScience’s opinion, without this resulting in any liability.
6. Payment
If payment for accounts or other ScoutinScience services has been agreed to by the Customer, the Customer shall pay said agreed-upon charges and agreed-upon time frame.
All fees are in Euros and/or USD and do not include taxes, levies, or duties imposed by taxing authorities. ScoutinScience is entitled to change its pricing structure, charges to ScoutinScience users, and resulting fees at any time, without becoming liable to any Customers, and will inform existing Customers of such changes if such changes directly affect the paying Customer. If you do not agree with the changes of charges you may terminate your Account in writing within thirty (30) days after the notification as of the date on which the adjustment would take effect. Complaints regarding ScoutinScience or the invoice do not suspend your payment obligation. If you fail to provide full and timely payments, ScoutinScience has the right to immediately suspend your access to ScoutinScience. ScoutinScience is provided on a non-refundable basis by default. Unless explicitly agreed otherwise, there will be no refunds or credits for partial months of ScoutinScience, refunds for the upgrade or downgrade of the number of users, refunds for months of license to ScoutinScience unused with an activated Account or for unauthorized use of an Account. Any Customer who disputes a credit card payment that is found to be valid will be permanently banned from using ScoutinScience.
7. Intellectual Property Rights
ScoutinScience’s intellectual property rights – including but not limited to copyrights, database rights, tradename rights, and the Content (hereinafter “IP rights”) – are held by ScoutinScience or its licensors. Nothing in the Terms of Service is intended to or shall transfer any of ScoutinScience’s IP rights to you.
You retain all IP rights to the content you provide directly to ScoutinScience. However, by making available or uploading Content to ScoutinScience you automatically grant ScoutinScience a cost-free, worldwide, sub-licensable and transferrable right to use this Content insofar as is related to ScoutinScience and to make our service to as good as possible.
Save to the extent that it is allowed by mandatory statutory law, you may not reproduce or decompile the Content or apply reverse engineering to it. Furthermore, removal and/or circumvention of security measures or technical limitations (to use) of ScoutinScience and/or the Content is not allowed.
8. Term and Termination
In the event the Account/Service is terminated, there will be no reversal of that which ScoutinScience has already delivered nor the related obligation to make payment. You will not receive any refunds as a result of termination.
Upon termination of the Account/Service, ScoutinScience shall immediately make the Account inaccessible to you. ScoutinScience may delete the Content saved into the system and has no obligation to restore the Content or assist in any data conversion.
ScoutinScience may, without prior notice and without becoming liable to you, terminate your Account with immediate effect if:
– you do not fulfil your payment obligations; or
– you in any way violate these Terms of Service.
9. Liability
ScoutinScience does not accept any liability for damages resulting from an attributable failure in the performance of ScoutinScience and/or on account of an unlawful act or otherwise, where this is permitted under mandatory law.
If ScoutinScience is liable for damage on whatever ground, ScoutinScience shall be liable solely for direct damage suffered by you up to an amount not exceeding that of your payments to ScoutinScience in the one (1) month preceding the event that caused the damage.
Any liability on ScoutinScience’s part for indirect loss, including but not limited to consequential loss, loss and/or damage of data, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded. The restrictions mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or willful recklessness on the part of ScoutinScience or its managers (“own actions”).
No right to damages shall exist unless you notify ScoutinScience in writing of the damage promptly after it has arisen. Any claim for damages against ScoutinScience shall become extinguished by the mere lapse of one (1) month after the claim has come into being.