Terms of service

Scholarcy is a service operated by Scholarcy Limited, a company registered in England and Wales under company number 11779938.

By using, or registering to use, the Service, you acknowledges that you have read, understood and agreed to the entirety of these Terms of Service.

These Terms of Service may be amended from time to time. It is your responsibility to review these Terms of Service frequently and to remain informed of any changes implemented. You agree that the continued use of the Service after such changes to the Terms of Services have been published will constitute your acceptance of such revised terms.

1. Definitions

In the following text:

  • Account’ means your account after entering into this Agreement, which enables your to use the Service.
  • Agreement’ ​means the agreement constituted by these Terms of Service, the Subscription, the Privacy policy and any potential subsequent amendments of those as well as any separate agreement entered into between Scholarcy and you for the performance of the Service.
  • Processed Documents’ refers to the documents sent by you, through your Account, to be processed through the Service.
  • Scholarcy’ or ‘us’ or ‘we’ refer to Scholarcy, a brand name operated by Scholarcy Limited, a company registered in England and Wales. Our company address is 71-75 Shelton Street, London, United Kingdom, WC2H 9JQ. Our company registration number is 11779938;
  • Scholarcy Website’ refers to web pages and applications hosted under https://www.scholarcy.com and associated Services hosted at any scholarcy.com sub-domain;
  • Scholarcy Extension’ refers to the Chrome browser extension available from the Google Chrome Store, or extensions for other browsers as may become available in future;
  • Scholarcy Library’ refers to the Software as a Service (SaaS) subscription-based product available at https://app.scholarcy.com;
  • Scholarcy API’ refers to the Software as a Service (SaaS) subscription-based products available at https://api.scholarcy.com and https://ref.scholarcy.com;
  • Service’​ ​refers to the grant of access to the Scholarcy Extension, Scholarcy Library or Scholarcy API by Scholarcy and the use of the Scholarcy Extension, Scholarcy Library or Scholarcy API by the User, under the terms and conditions set out in the Agreement.
  • Structured Content’​ ​refers to any data, whether personal or not, generated or extracted by the Service.
  • Subscription’​ ​refers to the fee­ based plan subscribed by the User for a fixed monthly or an annual period. The Service is provided through separate offers, which functionalities are described on the Scholarcy Website, or through specific tailored offer(s).
  • User’, ‘client‘, ‘customer‘, or ‘you’ refers to the user of the Scholarcy Website, Scholarcy Extension, or Service.

If you continue to use the Scholarcy Website, Scholarcy Extension, and/or Service, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern the relationship between you and Scholarcy in relation to the Scholarcy Website, Scholarcy Extension and Service. If you disagree with any part of these terms and conditions, please do not use the Scholarcy Website, Scholarcy Extension or the Service.

2. Scholarcy Website and the Scholarcy Extension

Use of the Scholarcy Website and the Scholarcy Extension is subject to the following general terms:

  • The content of the pages of the Scholarcy Website is for your general information and use only. It is subject to change without notice;
  • The Scholarcy Website and Scholarcy Extension uses cookies;
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Scholarcy Website and via the Scholarcy Extension for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law;
  • Your use of any information or materials from the Scholarcy Website or obtained via the Scholarcy Extension is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available from the Scholarcy Website or obtained via the Scholarcy Extension meet your specific requirements;
  • The Scholarcy Website and the Scholarcy Extension contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions;
  • Unauthorised use of the Scholarcy Website or the Scholarcy Extension may give rise to a claim for damages and/or be a criminal offence;
  • The Scholarcy Website or Scholarcy Extension may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s);
  • We reserve the right to terminate any account should we believe that the user is using the Scholarcy Website and/or Scholarcy Extension inappropriately;
  • Access to the Scholarcy Website and/or Scholarcy Extension may be limited to a maximum number of times and/or duration in a given period of time;
  • Scholarcy and/or third party providers may make improvements and/or changes in products, support, services, utilities, and/or other Scholarcy Website and/or Scholarcy Extension content at any time with or without notice;
  • Scholarcy may provide notice of changes to these Terms (or other Scholarcy Website and/or Scholarcy Extension content) by displaying notices on this site or other communication means. If you are a subscriber you will be notified by email of any changes to these Terms.
  • All Scholarcy Website and/or Scholarcy Extension content and services are provided “as is” and “as available” and Scholarcy expressly disclaims, to the maximum extent permitted by applicable law, any warranties and representations of any kind (Warranties) with respect to Scholarcy Website and/or Scholarcy Extension content and services, either expressed or implied, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of third party intellectual property rights;
  • The User shall indemnify Scholarcy, Scholarcy Affiliates and their officers, agents, employees and service providers and hold them harmless in respect of all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by any of them as a result of any claim by a third party resulting from a breach or non-observance by User of any prohibition, or restriction on User’s activities in relation to this site contained in these Terms, or of any undertaking, representation or warranty of User contained in these Terms and in relation to any claim by any person in respect of matters, responsibilities or obligations that have been disclaimed by Scholarcy under these Terms;
  • The User is responsible for ensuring that their use of the Scholarcy Website and/or Scholarcy Extension does not conflict with contractual agreements between the User and any institutions to which they may be affiliated, between the User and their employer, or between the User and any other relevant third-parties;
  • If any provision of these Terms is held to be unenforceable, the unenforceable provision shall be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision. This shall not affect the validity or enforceability of the remaining provisions;
  • Your use of the Scholarcy Website and/or Scholarcy Extension and any dispute arising out of such use of the Scholarcy Website and/or Scholarcy Extension is subject to the laws of England, Northern Ireland, Scotland and Wales.

3. Scholarcy Library and Scholarcy API

Scholarcy Library and Scholarcy API are Services operated by Scholarcy .

By registering at https://app.scholarcy.com or using the Scholarcy Library or Scholarcy API, you acknowledge that you have read, understood and agreed to the entirety of these Terms of Service. Scholarcy strongly advises you to print and/or save a copy of the Terms of Service.

These Terms of Service may be amended from time to time. It is your responsibility to review these Terms of Service frequently and to remain informed of any changes implemented. You agree that the continued use of the Service after such changes to the Terms of Services have been published will constitute your acceptance of such revised terms.

The purpose of this Agreement is to set out the conditions under which Scholarcy provides the Service to you, who accepts it, a non-­exclusive and non-­transferable right to use the Service in SaaS mode. In exchange, you agree to pay the contractual fee and to comply with all requirements set out in the Terms of Service.

3.1 Service ­ description

Scholarcy Library and Scholarcy API are are cloud-hosted SaaS software, which enables you to extract Structured Content from your Processed Documents.

Scholarcy API does not include any storage service. You have the sole responsibility to ensure that all data contained in the Processed Documents and Structured Content are saved and registered. Scholarcy excludes any liability in the event of a loss of Processed Documents or Structured Content.

Scholarcy Library provides storage for Structured Content only. Scholarcy provides limited liability to the User in the event of a loss of Processed Documents or Structured Content.

3.2. Service access

You access the Service through your personal Account. Your Account may only be used by one person. A single Account shared by multiple people is not permitted. You bear all liability as to the access and the use of the Account. The Account requires you to provide your full name, a valid email address, and any other information requested in order to complete the registration process.

3.3. Service availability and support

The Service is available to the you 24 hours a day, 7 days a week during the term of the Agreement and within the limits set out in the Agreement. Support for the Services is only available in English, via email (support@scholarcy.com) or via our website at https://www.scholarcy.com/support.

4. Pricing and invoicing

A specific pricing applies to any monthly or annual subscription plan, which are detailed under Scholarcy Pricing page. This excludes the free trial Account for a limited period of 14 days. Prices are in sterling, euros or dollars and all tax excluded, except when expressed otherwise. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties in your jurisdiction.

You may have access to a free Account for a period of 14 calendar days, during which you may use the Service free of charge. You may subscribe only once to a free Account and shall not maintain more than one free Account. At the end of the the trial period, you may opt for a Subscription, which will be charged automatically. For any upgrade or downgrade of the Subscription, the new price will apply as of the day following the date of the change in the Subscription. The billing cycle remains unchanged and the invoicing will include the details as to the pro rata. In the event of an amendment of your Subscription or a change from the Subscription to a free Account, you shall not be entitled to a refund.

All Subscriptions must be paid, through Scholarcy’s payment service provider (Stripe Payments Europe Ltd), in full using a credit card. You must enter valid credit card information. Alternatively, you may contact us to arrange alternative payment arrangements (such as PayPal or separate invoicing).

The Service is billed in advance on a monthly or annual basis, irrespective of the use of the Service made by you. The amount already paid is neither fully or partially refundable. The lack of use or the temporary discontinuance of the Service during the duration of the Subscribed Plan shall not have the effect of extending the duration of the Agreement or the Service, nor qualify for a refund or any compensation whatsoever. Scholarcy will provide no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

Scholarcy shall automatically send you an email receipt for each payment.

4.1. Modification of Service and Pricing

Scholarcy reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time.

Prices of all Services, for the monthly or annual subscription plan to the Service, are subject to changes at any time. Such notice may be provided at any time by posting the changes on our Website, or the Service itself. Such changes shall not apply for the ongoing Subscriptions and shall only apply for the Subscriptions entered after the modification of pricing.

5. Terms

The Agreement will be effective after you create an Account, including a free trial Account, and will remain in effect until its termination by either Party. The minimal duration of the Agreement is one (1) month as from the date of the subscription of a monthly Subscription and one (1) year as from the date of the subscription of an annual Subscription.

All Subscriptions will renew for successive periods of the same duration by tacit agreement, unless terminated by either Party. You may cancel your Subscription at any time by selecting Cancel Subscription in your Account subscription page at https://app.scholarcy.com/#/subscription. Your Subscription shall remain active until the end of the billing period. It is your sole responsibility to anticipate the end of the Subscription, which consequences will be borne exclusively by you. No amount received in advance by Scholarcy for the Subscribed Plan will be refunded. Cancelling your Subscription will not result in loss of Structured Content and you may restart your Subscription at any time.

5.1 Account closure

You may close your Account and terminate this Agreement at any time by selecting Delete account in your Account profile page at https://app.scholarcy.com/#/profile and thereafter confirming via email. All Structured Content will be automatically deleted from the Service at the termination date of the Agreement. You will not be able to recover your Structured Content after the termination date of the Agreement. Scholary reserves the right to terminate this Agreement and close your Account if you breach the terms of this Agreement.

6. Our obligations under this Agreement

Scholarcy undertakes to use all reasonable and human resources to provide the Service, subject to (i) your full payment of the contractual fees and (ii) interruptions, suspension or discontinuance of all or any portion of the Service due to maintenance, service disruption or failure external to Scholarcy. For maintenance operations, Scholarcy will endeavour to inform you in advance by email, via our Website or the Service application. The temporary interruptions of the Service, of any kind, will under no circumstances give rise to our liability or indemnification of any kind. Any service not expressly provided for in the Agreement, such as training, support, etc., shall be subject to a separate agreement, based on a quotation established according to our applicable rates.

7. Your obligations under this Agreement

You enter into this Agreement as an individual or on behalf of a company or other legal entity, and you grants that you have the authority to bind such entity and its affiliates. Accounts registered by ‘bots’ or other automated methods are not permitted.

You undertake to:

  • acquire the necessary hardware and software, and to subscribe to telecommunications services (internet access) required to remotely use the Service. The costs for such equipment and for Internet access services are exclusively borne by you;
  • ensure that you maintain the security of the Account and the related password;
  • accurately transmit, under your sole responsibility, all information required for the performance of the Agreement and warrants the accuracy of such information. You commit to report any change to these information;
  • pay the contractual fees under the conditions set out in the Agreement;
  • respect Scholarcy’s intellectual property rights;
  • refrain from using the Service in conditions that may impair the functioning or safety of the Service;
  • refrain from modifying, adapting or hacking the Service or modify another website so as to falsely imply that it is associated with the Service, or with Scholarcy;
  • refrain from uploading, or transmitting unsolicited email or “spam” messages;
  • refrain from reproducing, duplicating, copying, selling, reselling or exploiting any portion of the Service, use of the Service, or access to the Service without the written permission by Scholarcy;
  • refrain from transferring to your Account, documents that may:
    • impair the functioning of the Service;
    • contain or be likely to contain viruses or any code of a destructive nature;
    • be of an illegal nature, contrary to the laws or regulations in force, contrary to morality (pornography, violence, etc.) or infringing third parties’ rights, including (without limitation) intellectual property rights and the right to privacy.

Accordingly, you are responsible for any damages such data could cause to Scholarcy, to a third party, to the Service and will hold Scholarcy harmless against any claims that may be brought against Scholarcy by a third party because of such data and, more generally, your use of the Service. While the Agreement prohibits such conduct on the Service, you understand and agree that Scholarcy cannot be held responsible for the Processed Documents submitted to the Service. You therefore agrees to use the Service at your own risk.

Scholarcy may remove Processed Documents, Structured Content and Accounts containing data that Scholarcy considers in its sole discretion as unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any Party’s intellectual property right(s) or the Agreement.

8. Liability

The Service is provided on an “as is” basis and “as available” basis. The information given by Scholarcy is provided solely for the use of the Service. Scholarcy does not provide any implicit or explicit warranty as to the use of the Service.

The use of the Service is provided at your sole risk. The technical processing and transmission of the Service, including the Processed Documents and the Structured Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Scholarcy does not warrant that (i) the Service will meet your specific requirements of the Cli, (ii) the Service will be uninterrupted, timely, secure, or error­-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any information, or other material obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.

The Structured Content created by the Scholarcy API is kept by Scholarcy for a period of 24 hours maximum by default for the performance of the Service, excluding any data storage. Therefore, it is your responsibility to ensure the storage and registration of your data, including the Processed Documents and Structured Content. Scholarcy shall not be held responsible for any loss of Processed Documents or Structured Content.

Scholarcy may limit your Account in the event that you exceed the limit of your Subscription. Scholarcy excludes any liability for the suspension of the Account.

Scholarcy uses third party vendors and hosting partners to provide the necessary hardware, software, networking, billing, storage, and related technology required to run the Service.

Scholarcy excludes any liability in the events of:

  • downgrading of the Service;
  • loss of Processed Documents, Structured Content, features, or capacity of your Account;
  • modification, price change, suspension or discontinuance of the Service;
  • loss or damage from your failure to comply with your undertakings under this Agreement;
  • concerning use of the Structured Content.

Scholarcy shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Scholarcy has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute services resulting from any services purchased through or from the Service; (iii) unauthorized access to or alteration of the Processed Documents or Structured Content; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.

In any case, the overall liability of Scholarcy is strictly limited to the overall fees paid your for the ongoing Subscription.

9. Termination for breach

Your breach(es) of any of the terms and conditions of the Agreement will result in the termination of the Agreement and the closing of your Account. Should you fail to remedy the said breach within seven (7) days from the suspension of your access to the Service, Scholarcy shall be fully entitled to terminate the Agreement with immediate effect and without prior notice. From the termination date, you will no longer be able to use the Service. Your Structured Content relating to your Account will be deleted without your being entitled to any compensation. You shall be solely responsible for the consequences of the termination of the Agreement, in particular in terms of continuity of its internal management and commercial activities.

No amount received in advance by Scholarcy for the Subscription will be refunded and you shall not be entitled to any compensation whatsoever.

Suspension of the Service and/or termination of this Agreement shall not prevent or otherwise impede the claim(s) Scholarcy may present as a result of any breach(es) by you.

10. Intellectual property rights

All intellectual property rights on the Scholarcy Website, Scholarcy Extension, Scholarcy Library, Scholarcy API or Service and all content available on the Scholarcy Website remain the sole property of Scholarcy. Scholarcy warrants that it has developed the Scholarcy Library and Scholarcy API and owns the intellectual property rights to the Scholarcy Library and Scholarcy API.

Scholarcy undertakes not to claim any ownership on the Processed Documents and Structured Content processed through the Service, which remain the sole property of the user of the Service.

10.1. Your ownership and undertakings

You remain the owner of all Processed Documents and Structured Content processed under the Agreement.

You undertake to refrain from any act or behaviour that may directly or indirectly affect the intellectual property rights owned by Scholarcy, such as but not limited to, the intellectual property rights owned on the Service, the related trademark and logo used by Scholarcy.

You grant Scholarcy against any claim, demand, suit or proceedings made or brought against Scholarcy by a third party alleging that the Content, the use of the Service in violation of the Agreement, infringes, misappropriates the intellectual property rights of a third party or violates applicable law and regulation. You undertake to indemnify Scholarcy for any damages awarded against, and for reasonable legal fees (including attorney’s fees) incurred by Scholarcy in connection with any such claim, demand, suit or proceedings, provided that Scholarcy (i) promptly informs you in writing of the claim, demand, suit or proceeding, (ii) gives you the sole control of the defence and settlement of the claim, demand, suit or proceedings (such settlement may be entered to the extend that said settlement releases unconditionally Scholarcy of its liability) and (iii) provides you with all reasonable assistance. All fees incurred will be borne exclusively by you.

11. Your data and privacy

When registering to and while using the Service, Scholarcy collects, on a voluntary basis, from you a limited number of data, including personal data, which is solely for the performance of the Service and used in connection with the Service​.

We do not, under any circumstances, sell either your personal data or Processed Documents. Only authorized employees of the Service have access to view your personal data, Processed Documents and Structured Content.

All collected data is treated according to our Privacy Policy which which is part of this Agreement.

12. Force majeure

Scholarcy uses all technical means which may be reasonably used for the performance of the Service. Scholarcy shall therefore not be held liable in the event that the Service is not available in the case of force majeure, including but not limited to, network failure, strike, natural disaster, earthquake, public telecommunication network failure, failure of Internet connection due to private or public agents to which Scholarcy relies upon.

You waive  any right to indemnity of any nature whatsoever in the event of force majeure and Scholarcy shall not be held liable for any cost incurred due to the impossibility to use the Service.

13. Miscellaneous

At any time and at its own discretion, Scholarcy reserves the right to assign, subcontract, transfer and / or provide all or part of the rights and obligations subject of the Agreement to a third party in any form whatsoever.

This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter hereof. It supersedes all prior negotiations, contracts, and undertakings between the Parties with respect to such matter.

14. Choice of law and jurisdiction

English law shall apply to this Agreement and any dispute related to or arising from this Agreement without regard to its conflict of law principles.

© 2019 Scholarcy Limited. All rights reserved.