Terms of Service

1. Definitions

1.1. “Content” shall mean and include any type of media including but not limited to text, audio or video files, presentations etc. uploaded to the Platform by a User or the Company.

1.2. “Email Correspondence” may include, but is not limited to, the sending and receiving of text-based messages, attachments, images, documents, and hyperlinks through email addresses associated with the Parties involved, specifically the email ID provided by the User at the time of registration, which shall be considered the official email ID of the User for the duration of this Agreement.

1.3. “Service” shall mean and include pre-publishing services encompassing a diverse range of assistance provided to authors and content creators before their work is submitted for publication. The services include but are not limited to content refinement, verification, optimization to ensure readiness and compliance with publishing standards along with objectives.

1.4. “User Account” shall mean the personal account provided by Platform to the User on the Platform after the User’s registration.

2. Registration

2.1. During the registration process, the User must provide certain basic information. All information must be true and complete.

2.2. Upon fulfilling the registration requirements, an account will be created for the User.

2.3. The User shall keep the login information, and especially the chosen password, confidential and not disclose it to any third party. Any abuse or suspected abuse of login details shall be reported to Platform immediately.

3. Eligibility

By registering on the Platform by means of an User Account, the User represents and warrants that:

3.1. As an individual, the User is at least 18 (eighteen) years or is of legal age to form a binding contract under applicable laws.

3.2. As an individual, the User is in full legal capacity and sufficient authorizations to enter these Terms.

3.3. User has not been previously suspended or removed from using the Platform or the Services.

3.4. User does not have an existing User Account on this Platform.

3.5. The Platform has the right to provide, modify or terminate, at its discretion, Services; and allow or prohibit some Users’ use of any Services.

3.6. User represents and warrants that the User will comply with all laws that apply to the User, the User’s use of the Platform and actions and omissions that relate to the Platform. If the User’s use of the Platform is prohibited by applicable laws, then the User is not authorized to use the Platform. We will not be responsible for the User using the Platform in a way that is a violation of any law.

3.7.The Platform reserves the right to terminate this Agreement and/or restrict User’s access to the Platform if there are reasonable grounds to believe such actions are necessary.

4. Restrictions

The User may use the Platform only for lawful purposes and in accordance with these Terms. The User agrees not to use the Platform:

4.1. To upload and distribute insulting, abusive, offensive, racist, threatening, youth protection law infringing, pornographic, personal rights infringing, promoting violence or sedition, inciting criminal acts, providing instructions on how to commit criminal acts or services that involve pornographic and/or erotic Content or any other illegal Content.

4.2. To upload and distribute Content that has been copied, in whole or in any part, from any other protected work or material without the permission of the respective copyright owner.

4.3. To upload and distribute Content that affects or infringes the rights of any third party, in particular, personal rights, copyrights, or other intellectual property rights or any other third-party rights.

4.4. To upload and distribute Content that contains personal, confidential, or non-public information.

4.5. To contact other Users of the Platform to buy or sell any products or services except where it is explicitly allowed by the Platform.

4.6. To allow access or sell or otherwise transfer the User Account or share access details such as login ID or password of the User account with another person; or

4.7. Use any device or software that interferes with the proper working of the Platform.

5. Feedback

5.1. You may from time to time provide Company with suggestions, ideas or other feedback regarding the Services (“Feedback”) via Email Correspondence. Both Parties agree that Company shall own such Feedback and is entitled, but not obligated, to use, develop and exploit it in any manner, without restriction or duty to compensate or seek permission from the User.

6. Procedure for making Claims of Copyright Infringement

6.1.If you believe that your copyrighted work has been copied and posted on our Platform in a way that constitutes copyright infringement, please submit a Digital Millennium Copyright Act (“DMCA”) takedown notice to us at support@scholarlynexus.com.

6.2.Your notice must include the following information:

•A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

•A description of the copyrighted work that you claim has been infringed.

•A description of where the infringing material is located on our Platform.

•Your contact information, including your name, address, phone number, and email address.

• A statement under penalty of perjury that you believe in good faith that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

•6.3. Upon receipt of a valid DMCA takedown notice, we will initiate a thorough investigation in accordance with the notice. Once we are satisfied with the veracity of the claims made in the notice, we will take the necessary actions to remove the infringing material from our Platform. Simultaneously, we will notify the user responsible for posting the infringing material about the takedown proceedings.

6.4.If you believe that your material has been removed in error, you may submit a counter-notification to us at support@scholarlynexus.com. Your counter-notification must include the following information:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

• A description of the material that has been removed and the location where it was originally posted on our website or app.

• A statement under penalty of perjury that you believe in good faith that the material was removed in error.

• Your contact information, including your name, address, phone number, and email address.

6.5. Upon receipt of a valid counter-notification, we will initiate a thorough investigation in accordance with the notice. Once we are satisfied with the veracity of the claims made in the notice, we will restore the removed material to our Platform.

7. Indemnification

7.1.User agrees to indemnify and hold harmless the Platform and the Company from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to:
1) The User’s use of or conduct in connection with the Platform.
2) The User’s breach or enforcement of these Terms; or
3) The User’s violation of any applicable law, regulation, or rights of any third-party during use of the Platform.

7.2. If the User is obligated to indemnify the Platform and the Company pursuant to these Terms, the Platform and the Company will have the right, in its sole discretion, to control any action or proceeding and to determine whether the Platform and the Company wishes to settle, and if so, on what terms.

8. Intellectual Property Rights

8.1. Unless otherwise specified, all Content on the Platform is validly owned, or licensed to the Company and is protected under the applicable copyright, trademark, design, and other applicable laws. All logos, trademarks, service marks, and logos of the Company and others used on the Platforms, displayed on the Platform, are validly owned, or licensed to the Company and their respective owners. The User shall not copy, imitate, or use them without our prior written consent.

8.2. The Platform may, at places, include third-party intellectual property including the software used for Services provided by the Platform. The Platform is operating these Services, and properties, by way of valid and effective contractual arrangements, which are binding on the Platform, and by extension, the Users, are bound by such restrictions. The User is permitted limited license rights to use, access, and download the Platform only for the User’s personal and non-commercial use. Users are prohibited from integrating the Platform into any workflows or processes used for commercial purposes, including but not limited to, any processes related to business operations, services, products, or revenue generation. Users are also prohibited from integrating the Platform into any workflows or processes used for non-commercial purposes, including but not limited to, educational, research, or personal use.

9. Disclaimer and Limitation of Liability

9.1. The User expressly acknowledges and agrees that use of the Services and the Platform is at the User’s sole risk. The Services and the Platforms are provided on an ‘as is’ and ‘as available’ basis. Although we make our best efforts to provide high-quality Services to all our Users, to the fullest extent allowed by law, we expressly disclaim and waive all warranties and conditions of any kind, whether expressed or implied, including, but not limited to the warranties of merchantability, title, fitness for a particular purpose and/or non-infringement. We make no warranty that the Services or the Platform will meet the User’s requirements or that the Services or User’s access to the Platform will be uninterrupted, timely, accurate, or reliable; nor do we make any warranty as to the permanent availability of any information and/or that may be stored or transferred through the Services or the Platform.

9.2. To the maximum extent permitted by law, we will not be liable in any way for any loss or damage suffered by the User through use of or access to this Platform, or our failure to provide this Platform. Our liability for negligence, breach of contract, or contravention of any law because of our failure to provide this Platform or any part of it, or for any problems with this Platform, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law.

9.3. Subject to applicable law, we shall not be liable for any incidental, special, punitive, consequential, or similar damages or liabilities whatsoever arising out of Services, any performance or non-performance of Services or any product provided by us, whether under contract, statute, strict liability or other theory even if we are advised of the possibility of such damages.

9.4. Our aggregate liability to any User in no event shall exceed the fees paid by such User during the 3 (three) months immediately preceding the date of claim for any direct, indirect or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the User’s usage of the Services offered on the Platform.

9.5. Notwithstanding anything to the contrary, we shall not be obligated to make any payment or take any other action under these Terms if we believe in good faith that such action may constitute a violation, or contribute to any violation, of any applicable law and we shall not be liable to the User for any claims, losses, or damages arising from our exercise of its right provided herein.

9.6. The Company shall not be liable for any indirect, incidental, or consequential damages arising from the cancellation or refund of any subscription.

10. Assignment

10.1. The User shall not assign or transfer any right or obligation that has accrued to the User under these Terms, and any attempt by the User to assign or transfer such rights and obligations shall be null and void. We may assign, novate, or transfer any or all rights and obligations that accrued in our favor under these Terms, at our sole discretion, to our subsidiaries, affiliated entities, or any other third party without any restriction.

11. Availability and Maintenance

11.1. The Platform shall implement appropriate measures to ensure the continuous availability and error- free functionality of the Platform. However, the User acknowledges that for technical reasons and due to the dependence on external influences, the Platform cannot guarantee the uninterrupted availability of the platform.

11.2. The Platform will occasionally carry out maintenance tasks to ensure the functionality or extension of the Platform. These tasks may lead to a temporary impairment of the usability of the Platform. Wherever possible, the Platform shall carry out the maintenance tasks during periods of low use.

12. Data Protection

12.1. For comprehensive information on how the Platform collects, processes or uses Personal Data in the context of the Agreement and the usage of the Platform, please refer to Platform’s Privacy Policy.

13. Changes to the Terms

13.1 The Company has the right to introduce additional functionality to the Platform and add corresponding rules to the Terms. The Company shall announce these changes to the user by email correspondence.

13.2 The Company shall inform the User in the notice of the User’s right to object, its requirements and consequences. If the User objects to the changes, the contractual relationship shall be continued under the most recent version of the Terms before the change. In such a case, the Company reserves the right to terminate the contractual relationship with effect to the next possible date.

13.3 Otherwise, a change of the terms of use is possible at any time with the consent of the User.

14. Term and Termination

The term of this Agreement commences with the User’s registration under Clause 2 and shall continue till terminated, as per the following clauses.

14.1. Termination by Either Party: This Agreement may be terminated by either Party, namely the User or the Platform, at any given time.

14.2. User’s Termination: The User holds the privilege to terminate this Agreement by initiating the process of account deletion on the Platform. Upon the successful deletion of their account, this Agreement shall be considered terminated from the User’s end.

14.3. Platform’s Termination with Notice: The Platform reserves the right to terminate this Agreement, provided that prior notice is duly communicated to the user through Email Correspondence.

14.4. Outstanding Balances: In the event of the User opting for account deletion, the Platform retains the authority to settle any outstanding balances, if there are any unpaid fees or dues at the time of such account deletion. The User is responsible for any pending financial obligations, which will be calculated and communicated to them during the account deletion process.

15. Refund and Cancellation Policy

The term of this Refund and Cancellation Policy commences upon the User's subscription purchase and shall remain in effect until terminated in accordance with the cancellation provision described in this policy.

15.1. The Company offers both annual and monthly subscription plans. You may cancel your Subscription at any time, subject to the following terms:

Annual Subscription:

i If you cancel your annual subscription within 7 calendar days of purchase, you will be eligible for a full refund, exclusive of applicable taxes.

ii Cancellation requests made after the 7 calendar days period will not be eligible for a refund. Your annual subscription will continue until its expiration date.

Monthly Subscription:

i If you cancel your monthly subscription within 7 calendar days of purchase, you will be eligible for a full refund.

ii Cancellation requests made after the 7 calendar days period will not be eligible for a refund. Your monthly subscription will continue until its expiration date.

15.2. To cancel your Subscription, you must navigate to the "Billing" page in your account.

15.3. Refunds will be processed to the original payment method used during the Subscription purchase. Please allow 7 business days for the refund to be processed and credited to your account.

15.4. If you encounter any issues or require assistance with the cancellation process, please contact our customer support team by email at support@scholarlynexus.com.

15.5. After the respective cancellation period has passed (7 calendar days for annual and monthly subscriptions), no refunds will be issued, and your subscription will remain active until its expiration.

15.6. The Company reserves the right to modify or update this Policy at any time. Any changes will be posted on this page, and the updated Policy will be effective immediately upon posting. By continuing to use the Subscription services after such modifications, you agree to the revised Policy.

16. Governing Law and Dispute Resolution

16.1. This Agreement and any dispute arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by the laws of, and without regard to conflict of law rules or rules requiring construction against the drafter, the United States of America, and any dispute must be brought within a court of competent jurisdiction within Delaware, U.S.A. However, the Platform, at its sole discretion, may choose to initiate legal proceedings in any other jurisdiction, if deemed appropriate.

16.2. Subject to the Parties right to seek interim reliefs(s), any dispute arising out of or relating to this Agreement, or the breach thereof, whether occurring while this Agreement is in effect or thereafter, shall be submitted to arbitration in accordance with the arbitration rules under the Federal Arbitration Act, 1925.

17. Force Majeure

17.1. The Company shall not be liable for any failure to perform its obligations under Agreement if such failure is caused by a force majeure event. For the purposes of these clause, a ‘force majeure event’ shall mean any event or circumstance beyond the reasonable control of the affected Party, including but not limited to acts of God, war, terrorism, natural disasters, epidemics, pandemics, strikes, labor disputes, Governmental actions, international sanctions, power failures, internet or telecommunication disruptions, or any other event deemed beyond its control. In case of a force majeure event that affects the performance of the Company and its obligations under this Agreement, the Company shall promptly notify the Users in writing, providing details of the force majeure event and the expected impact on its performance.