I. Description of service
YOU AND RESEARCH SQUARE AJE LLC (“AJE” “WE”, “US”, AND “OUR”) AGREE THAT YOUR ACCESS TO AND USE OF THE WEB SITE LOCATED AT WWW.AJE.COM (THE “WEB SITE”) AND THE TRANSLATION, EDITING AND REVIEW SERVICES OFFERED VIA THE WEB SITE BY AJE (THE “SERVICES”) IS SUBJECT TO YOUR AGREEMENT TO THESE TERMS OF SERVICE, WHICH WILL BECOME A BINDING AGREEMENT BETWEEN YOU AND AJE (THE “AGREEMENT”). AJE IS WILLING TO ALLOW YOU ACCESS TO THE WEB SITE AND PROVIDE THE SERVICES ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. PLEASE READ THESE TERMS CAREFULLY. YOUR CONTINUED USE OR BROWSING OF THE WEB SITE AND SERVICES OR YOUR REGISTRATION OF AN ACCOUNT SHALL CONSTITUTE CONSENT TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT PROCEED WITH ACCOUNT CREATION OR THE USE OF THE WEB SITE AND SERVICES.
II. Account Registration
The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you are under 18, then you are not permitted to use the Services.
In order to receive the Services, you must pay in advance the applicable fee or hold an active subscription unless AJE agrees that you may make payment pursuant to another payment plan. Such arrangements can be made by contacting Customer Support at [email protected] AJE may increase its fees at any time and will display the current price during service selection, including subscription registration.
You must complete the registration form in order to use the Services. You agree that all information provided by you in connection with the registration and sign-up process (“Registration Information”) will be true, accurate, current, and complete and that you will promptly update your Registration Information as necessary such that it is, at all times, true, accurate, complete, and current. As part of the registration process, you will identify a username and password for your AJE account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. AJE reserves the right to refuse registration of, or cancel, accounts at any time and for any reason, as AJE deems appropriate. Upon termination of your registration as a “user”, you will no longer be allowed access to the Web Site or the Services offered through the Web Site.
AJE also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. We may periodically update the core functionality of the software with the goal of improving performance or user experience. We are not obligated to make past versions of the services available and do not guarantee that the features or outputs will remain consistent from version to version.
If you are using the Services under an institutional contract between your business and AJE, the specific provisions of that contract supersede this agreement where there is any conflict. For the avoidance of doubt, nothing in these Terms shall impose additional obligations on that organization.If you are using the Services as an employee of another organization that is not a party to an institutional agreement, you agree that you are solely responsible for ensuring that your use of said Services is consistent with any requirements of your workplace and that the ability to use these Services without an institutional agreement does not constitute the right to re-sell the Services or any derivative services thereof.
III. Your intellectual property rights
AJE and its employees make no claims on any work submitted to us through the Services. Any documents, content, material, works or other intellectual property submitted by you (collectively, “Documents”), will remain your intellectual property or the intellectual property of any third party to whom rights belong or have been assigned. AJE editors have signed a confidentiality agreement to waive their claim to any intellectual property and Documents submitted through the Service.
You represent, warrant, and agree that:
- You own all rights in the content or otherwise have obtained all necessary third party rights, including, without limitation, copyrights, for any Documents or portions thereof that belong to third parties, which are necessary for you to grant the rights that you provide AJE under this agreement to provide Services in connection with the Documents;
- The Documents contain nothing that will cause injury to any person or entity;
- The Documents will not contain any material that is infringing, illegal, sexually explicit, threatening, abusive, harassing, defamatory, libelous, invasive of privacy or publicity rights, or otherwise objectionable, including, without limitation, any material that could give rise to any liability to AJE or which might adversely affect the AJE public image, reputation or goodwill; and
- The Documents to not include any infringing, misappropriated or plagiarized content that you do not have the rights to use.
It is your responsibility to determine if it is necessary for you to obtain, and for obtaining, any licenses required to use third party content which is part of the Documents.
You will be responsible for making back-up and archival copies of your documents. In no event will AJE be responsible to you or any other person for any loss, corruption or alteration of Documents.
By submitting Documents to AJE through the Service, you agree to grant AJE a nonexclusive, worldwide, royalty-free and fully-paid, transferable, and sublicensable, perpetual, and irrevocable license to do the following:
- Host, reproduce, retain, distribute, communicate, transmit, and use your content — for example, to save your content on our systems
- Publish, publicly perform, or publicly display your content, applicable only when you have purchased a promotional service and hosting of that content forms part of the service delivery once you have approved the content to be made public
- Modify, reformat, display, and distribute your content, such as editing, reformatting, or translating it
- Sublicense these rights to:
- Our contractors who have signed agreements with us that are consistent with these terms, only for the limited purposes to achieve the aims listed in this section.
for any text and images contained in your Documents, including all versions and any associated correspondence, files or forms, as well as to create derivative works thereof (e.g., edited and translated versions) to the extent necessary to:
- Provide the Services to you and others;
- Protect you, Your Content, and the Services;
- Improve AJE products and services and any underlying algorithms;
- Analyze, test, develop, and deliver current and new services;
- Facilitate research integrity investigations;
- Enable auditing;
You agree to permit AJE to use proprietary automation that may apply machine learning techniques to your Content for the future improvement of the Services.
You acknowledge and agree that AJE may share Documents and aggregate data with Research Square Platform LLC, which is an affiliate of AJE, as necessary to deliver the Services, improve the Services, and develop new products.
You agree to indemnify and hold AJE and its parents, subsidiaries, affiliates, and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of:
(i) your breach of any representations or warranties made by you hereunder or your breach of any term of this Agreement; (ii) your use of the Services or the Web Site in violation of this Agreement; or (iii) or your violation of any law or the rights of a third party.
You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against AJE for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Web Site or the Services.
V. Our intellectual property rights
You acknowledge that AJE owns all right, title and interest in and to the Web Site and the Services (the “AJE Rights”), and such AJE Rights are protected by U.S. and international intellectual property laws. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Web Site, or create derivatives of any content from the Service or of the proprietary software behind the Web Site or the Services; (ii) directly or indirectly, reverse engineer or aid or assist in the reverse engineering of all or any part of Services or Web Site except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or (iii) knowingly use the Services in any manner that could damage, disable, overburden, or impair those services or interfere with any other party's use and enjoyment of said services. Reverse engineering for purposes of this section includes, without limitation, decompiling, disassembly or otherwise deriving source code.
You further acknowledge that any trademarks, servicemarks, logos, and product and service names are trademarks of AJE (“AJE Trademarks”). Except as otherwise permitted by law, you agree that you will not use or display the AJE Trademarks without AJE’s prior written consent.
VI. Prohibited conduct
By using the Web Site or Services, you agree that you will not engage in any activity that violates applicable laws, is harmful to the Services, AJE and its employees, or other users of the Web Site and Services. We reserve the right to stop providing Services, terminate or suspend active accounts, and make files unavailable by deletion or removal of access in cases where infringing conduct occurs, including but not limited to the following:
- Uploading, storing, or submitting for Services any material related to activities that exploit, harm, or threaten to harm children or any material that incites violence or instructs others in methods of performing illegal activities;
- Uploading, storing, or submitting for Services any material intended to deceive, defraud, extort or impersonate others or to be sent as unsolicited bulk communication via electronic communications, including the editing and translation of text related to the deceptive impersonation of others to extract and exfiltrate funds or sensitive information or to gain unauthorized access to locations or information (“Phishing”);
- Uploading, storing, or submitting for services any material containing software or software code that is potentially harmful if transferred to, read by, or executed by AJE systems;
- Circumventing, bypassing or breaching measures put in place to limit access to the Services, the features of the Services, or the rate at which they can be used or accessing the Services by any means other than a set of valid access credentials unique to the individual accessing those services combined with any relevant institutional credentials or access codes, including the dissemination of any institutional access codes beyond their intended group of Authorized Users by any means;
- Abusing the services to circumvent copyright laws or plagiarism detection software or to facilitate the use of written material without permission or proper citation;
- Sharing accounts with other users for the purpose of avoiding subscription fees;
- Impersonating another person or entity or misrepresenting your affiliation with a person or entity, either to gain unauthorized access or to make unauthorized use of features or discounts available to specific users or groups of users;
- Directing offensive or abusive speech toward employees and agents of AJE during customer service or other communication interactions;
- Repeatedly filing complaints in bad faith or without a reasonable basis, and continuing to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Services);
- Hacking, exploiting, or reverse engineering the provided Services or their features or engaging in any use of the service intended to facilitate the development of a derivative product or service.
- Using or attempting to use the Services to access or reveal proprietary information owned by AJE or other parties, including information that may be contained in linguistic data models.
- Reselling the services or using them as a component in the delivery of any paid service without the express agreement of AJE.
- Undertaking any other activity that may cause harm to AJE or its infrastructure, customers, employees, or affiliates.
VII. Your account
- Account Creation: Creation of an account is required to purchase or access the Services, and some services may only be available to users upon the activation of a paid subscription by the user or their parent institution.
- Account Closure: You can close your account at any time, with or without reason, by contacting our Support team by email at [email protected] Closing your account will terminate your ability to use the Services and access to any services or subscriptions that you have purchased or to which you have access via an institutional agreement.
- Account Suspension: AJE may suspend your account if it has reason to believe that your secure login information has been compromised by a third party.
- Account Termination: AJE may terminate your account if required to do so by law or upon repeated failures to make timely payments, in addition to the breach of any provision of these terms and conditions.
- Contacting Support: You can contact our account support team by email at [email protected]
- Subscription Services: Certain services may be available only to customers with a paid subscription. We may periodically make changes to the Services offered, changing their features or function or the services available, without any requirement to notify users. Services may occasionally be made available in a beta or pre-release state for evaluation, and we have no obligation to add these services to our permanent offerings or to maintain features and functions from the beta version in any final release.
- Subscription Terms: After payment of the fee for any subscription services, you will have access to the subscribed services for a period of one year following your payment date.
- Refunds: No refund is offered for any subscribed or purchased services unless expressly agreed by AJE or its authorized representative.
- File Storage: While AJE does not currently limit the space available for file storage by users of Digital and Professional services, AJE reserves the right to institute storage limits in the future and does not guarantee that it will retain all files submitted for Services.
- Rate of Use: AJE reserves the right to limit the number of files that can be processed via automated Services in a given period in order to ensure quality of services for all users.
VIII. Governing law
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. § 1-569.1 et seq. (the “Uniform Arbitration Act”) and the then-current rules and procedures of the American Arbitration Association (http:://www.adr.org) by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to this Agreement shall be brought and heard either in the North Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh, North Carolina. In such an event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt. You agree that any cause of action you may have arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
IX. Disclaimer of warranties
AJE is not responsible for the conduct, whether online or offline, of any user of the Web Site. The Web Site and the Services may be temporarily unavailable from time to time for various reasons. AJE assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Web Site. AJE is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person’s computer related to or resulting from participating or downloading materials or Documents in connection with the Web Site or the Services. AJE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.THE WEB SITE AND THE SERVICES ARE PROVIDED “AS-IS” AND AJE DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AJE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS OR PUBLICATION OUTCOMES FROM USE OF THE WEB SITE AND/OR THE SERVICES
Without limiting the generality of the foregoing, you acknowledge and agree that AJE does not: (i) review the substance of Documents submitted to it; (ii) represent, warrant or guarantee that your use of the service will result in publication of your documents; or (iii) guarantee the quality, accuracy or results of the Services. No refunds shall be provided except expressly agreed to by AJE either in these Terms or in written correspondence to you. When using automated language Services, you acknowledge and agree that while these Services are designed and optimized to produce accurate outputs, AJE can not guarantee the preservation of intended textual meaning or exclude the possibility of substantive changes and therefore cannot guarantee the suitability of automatically edited and translated material for publication or the accuracy of automated assessments.
X. Limitation of liability
IN NO EVENT WILL AJE, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICES, EVEN IF AJE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, AJE DISCLAIMS ANY WARRANTIES FOR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AJE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO AJE FOR THE SERVICES; AND (B) TEN DOLLARS ($10). THE PARTIES AGREE THAT THESE LIMITATIONS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND SHALL SURVIVE ANY REMEDY’S FAILURE OF ESSENTIAL PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
AJE shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond AJE’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
XI. Payment terms
- Amount owed: The amount owed for any Services or subscriptions is the amount displayed at the time of order completion and is due in full prior to the delivery of any Services or subscriptions unless otherwise expressly agreed by AJE. Such arrangements can be made by contacting Customer Support at [email protected]
- Subscription Payment: Payment for a subscription must be made in order to start the subscription period, which will then run for one year, concurrently, starting on the date of purchase.
- Overpayment: In the case of overpayment, AJE will provide a credit to your AJE account which is not redeemable for cash. The AJE credit can be used to submit future manuscripts.
- Recurring Payments: When you purchase any Services on a subscription basis, you agree that you will pay the owed amount at the beginning of each billing period until the subscription agreement is ended by either you or AJE. Your subscription will automatically end one year from the date it is initiated, at which point you will need to resubscribe to have continuing access to the Services.
XII. Customer Communications
We reserve the right to refuse service to customers who ask us to engage in unethical publishing practices, are verbally abusive toward our Customer Service agents, and/or exploit AJE services and policies.
XIII. Credits, Holds and Offsets
Please be advised that if we receive any claim or threat of a claim, which is related to your use of the Services, we may put a “hold” on any account you have with us, including any monies held on your behalf. Furthermore, to the extent that you owe us any amounts as a consequence of your use of the Services or our settlement of any claim made against you, we may, in our sole discretion, deduct all or a portion of such amounts from any amounts held by us in your account. Any such deduction will not relieve you of any obligation to pay the remainder of any amounts due from you to us.
XIV. Sanctions Compliance
AJE complies with all sanctions/restrictions imposed by the US Department of the Treasury, Office of Foreign Assets Control (OFAC).
This Agreement sets forth the entire agreement between you and AJE pertaining to your use of the Web Site and the Services. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time. without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the new effective date (i.e., the LAST UPDATED date). The changes will only affect your use of the Services or the Web Site after the effective date of the change unless we clearly indicate otherwise. While we may notify you directly of material changes on this Web Site, you must check this page from time to time to take notice of any changes we make, as they are binding on you. Your continued use of the Services or the Web Site after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, do not use or access the Services or the Web Site. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. AJE’s failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.