Terms and Conditions of Service
Introduction & Scope.
Welcome, please read the following Terms and Conditions of Service (hereinafter, the “Terms”), which will apply for the website https://www.researchcycles.com (the “Site”) carefully. This is a legal agreement which sets out the terms and conditions on which ResearchCycle LLC (hereinafter referred to as “ResearchCycles”) will provide services to you or to the legal entity you represent ‘you’, ‘your’, and/or ‘yourself’.
User Agreement & Acceptance.
By accessing our Site you represent and warrant that you: (a) agree to all of the terms and conditions stated herein; and (b) have the right, power, and authority to bind your represented entity or the agency to these terms and conditions.
These Terms constitute a legally binding user agreement, along with any and all applicable laws and regulations. Henceforth, you hereby acknowledge and covenant to abide by and comply with any applicable federal, state and local rules and regulations applicable to your use of our services. If you do not agree with any of these Terms, you are thereby prohibited from using or accessing this Site.
The Site’s accessibility to the user is solely provided for the user’s individual benefit. If you are using our Site in representation of a corporate third party, you hereby represent and warrant that you have the necessary power and authority in order to execute this agreement.
In order to use the functionalities and services provided, you will need to register for an account with us, thereby disclosing certain proprietary information, along with personally identifiable information.
Through our platform, we provide our Services that consist, but are not limited to:
Content Edition and Generation. We provide authorial drafting and editorial services for scientific papers style correction, technical edition, language correction and technical translation.
Peer Review Management. Our network of peer experts can review paper drafts, assess their technical merit and provide recommendations, indicate appropriate amendments and overall increase the value proposition of your research.
Crowdsourcing of Scientific Publications. Our network of journal experts can review user submitted papers which may be suitable for publication into scientific paper journals. If appropriate, our in-house team of first party experts can join each paper draft for co-authorship, or alternatively, external experts with a ResearchCycles account can join into the drafting, research and finalization of a paper draft. Their joint effort will, in turn, allow the final pre-publication draft of each paper to be produced. In this regard, ResearchCycles will act as the peer review management platform, and may either join the co-authorial effort via its in-house experts, or act as external advisor for the process of final publication in a recognized scientific journal.
The researchers may submit their papers to the journals for review themselves, or they may instruct ResearchCycles to appoint a corresponding author. In both cases, the pre-print paper will have to be initially placed on ResearchCycles’ platform in order to be reviewed, revised, edited, amended, updated and augmented by co-authors, who will have authorial rights over the final work product, this made in order to not generate the commercial sale of paper drafts to speculators or opportunist researchers that do not seek to invest their time onto the paper draft.
Crowdfunding of Scientific Publications. Professional researchers, peer experts and education institutions may browse our offering of scientific papers drafts available for crowdsourcing and, if appropriate, they may join the co-authorial effort by investing the time of peer experts, along with the necessary resources required to submit, negotiate, prepare and achieve final publication on a recognized scientific journal. In this regard, ResearchCycles will act as the peer review management platform, and may either join the co-authorial effort via its in-house experts, or act as external advisor for the process of final publication in a recognized scientific journal.
Academic Journals Examination. The paper drafts available on ResearchCycles can be reviewed by peer experts, submitted to scrutiny, and recommendations on the type and nature of scientific paper publications most suitable for each paper may be provided.
We may offer additional functionalities through the Site, as indicated from time to time. All of the aforementioned services provided by ResearchCycles via the Site will be collectively referred to as the “Services”.
The maximum amount of co-authors for paper drafts projects will be five persons in the case of scientific/research papers, and six for conference paper/book series.
ResearchCycles will not allow publication into any journals that it considers as academic predators. ResearchCycles and its user community will thoroughly review any and all journal proposals to be admitted into the Services. This will apply both for applications oversaw by ResearchCycles as well as applications managed by external collaborators.
All potential collaborators (i.e. internal and external researches) will be required to sign and execute a collaboration/co-authorial agreement prior to beginning and launch of the research stage in each project. This guarantees that ResearchCycles and the team members would not sell academic/scientific papers, nor engage into speculative or predatory practices. The collaboration/co-authorial agreement will be subject to its own terms and conditions, which will be negotiated and mutually agreed among all co-authors.
If the prime author of the paper draft project selects the option to personally manage the process of submission, review and admission/rejection before a journal, then he/she will be considered the corresponding author of the work product, whom will take the primary responsibility for communicating with the journal selected for intent of publication.
If ResearchCycles has been selected as the manager for the process of submission, review and admission/rejection before a journal, then ResearchCycles will have the right to select the corresponding author among the co-authors, except on cases where the journal does not allow to differentiate among the prime author and corresponding author, in which case, the prime author will be assigned as corresponding author.
ResearchCycles will safeguard the intellectual property rights over the paper drafts until they are transferred to the journal editor for publication. The Services will provide for functionalities to accept each co-author submission, version control, change control, peer review management and other technical aspects intended to control and protect the work of all collaborators.
ResearchCycles will follow industry standard guidelines regarding original content and similarity index, which will be equal or less than 20% of each paper.
Each co-author will provide an equitable share of work into each paper draft project, which will be reflected into the shopping cart price to be submitted and paid prior to beginning participation into each research cycle. The work share, monetary contribution, personal monetary remuneration and/or personal time and effort invested by each co-author will be duly negotiated and agreed between all potential participants. As it results necessary, ResearchCycles will mediate among the potential co-authors.
Any material change to any paper draft project will be mutually agreed by all team members, with the team leader (if an external collaborator) or ResearchCycles (if it sponsors the team leader) mediating among the team members, pursuant to obtaining a mutually beneficial agreement.
ResearchCycles will base its Services on the last quarter’s scientific journal ranking published by Scimago or WOS, until the time when the corresponding author receives the admission letter from the journal. ResearchCycles will not be responsible for any ranking change if the journal changes its ranking after the admission is formally received. Notwithstanding the foregoing, if the journal is removed from the ranking index before the admission is obtained, ResearchCycles may reassign the paper draft to another journal of equivalent or analogous ranking to the originally selected, without any cost increase to the co-authors.
ResearchCycles will continue to provide its Services to all team members after a paper has been formally admitted into a scientific, academic or research journal, which may include updates on ranking and journal citations.
Specific Disclaimer for Authors.
All parties hereto acknowledge that there is inherent uncertainty upon the process to submit, review and get any paper work draft to be eventually published by a recognized scientific, academic or education journal; thus, the parties hereto will endeavor their best efforts to submit the work to one journal until it is formally accepted or all options are exhausted until formal rejection; and then afterwards the hereby represent and warrant that they will endeavor their best efforts to submit the Work to the second journal option and so on into the third best option and subsequent journal options until they achieve formal acceptance and publication of the work. For the avoidance of doubt, there will be no strict withdrawal right provided through the Platform, this in order to prevent speculation into Work pieces and their exploitation rights.
ResearchCycles only guarantees to each team member that 100% of the paid monetary participation into each project will be assigned for the process of submission, review and admission/rejection to each journal (less any taxes, expenses and ResearchCycles’ fees). If one journal rejects the paper, then ResearchCycles will reassign the paper draft to another journal of equivalent or analogous ranking to the originally selected, without any cost increase to the co-authors, until formal admission for publication is obtained. Notwithstanding the foregoing, in no case can ResearchCycles guarantee final acceptance by a specific journal entity or entities, nor the amount of time elapsed, nor the index ranking on SCOPUS or WOS.
Upon the case where the work has not been successfully and formally accepted by the second journal option at the minimum, the co-authors will have the right to submit a formal written request to ResearchCycles in order for them to be assigned to without extra cost to another work draft available through the Services, provided, however, that they fully assign the economic copy rights over the work to the main author, in a form and manner suitable to the main author, the remaining co-authors, and ResearchCycles.
Due to the inherent equitable share of work of the co-authors, there are no automatic refunds provided via ResearchCycles’ platform. If a co-author becomes unwilling or unable to continue its work participation (e.g. health problems), then its economic participation share will be prorated among the remaining co-authors.
A co-author may only leave a team if the pre-launch stage has not been closed yet. Once each collaborator has been vetted and admitted into a paper work project, there will be no free option to leave the team until a final decision from a journal has been obtained (i.e. final acceptance or final rejection, and not revision/correction stage).
For more details, our registered users can consult ResearchCycles’ Contribution, Royalty and Refund Rules, the latest draft version of the Co-Authorship Agreement, and the Services Agreement for Authors and Institutions.
Internal Researchers that produce scientific papers and that are subject to the monetization incentive system provided by ResearchCycles, upon the terms and conditions indicated by ResearchCycles from time to time. These co-authors are able to collaborate in each paper draft team, and to provide value to ResearchCycles’ Services on a freelance basis, and are carefully vetted and researched before being admitted into our first party roaster.
External Researchers that produce scientific papers and which contribution may be classified as:
- Generators: they provide their ideas, input and data to our platform, and they are included into each research paper daft project with a special discount once their materials has been vetted and accepted by ResearchCycles.
- Researchers: they may offer pre-print, almost-ready to be submitted to a scientific, academic or research journal for publication, in order for ResearchCycles to get collaborators that will help to finance their research.
- Co- Researchers: they are the co-authors that enter ResearchCycles’ platform and use its Services to select a project that suits their needs, pay a monetary share intended to offset the journal publication costs, join the co-authors team and provide their time and effort in the paper draft, depending on their availability and expertise. This model is similar to crowdfunding and crowdsourcing models.
External Researchers may fall into either of these categories simultaneously. External Researchers are co-authors are able to collaborate in each paper draft team under the management of ResearchCycles’ senior researchers.
Education Institutions that may purchase credits for participation (via their own researchers) into the paper drafts managed under the Services of ResearchCycles, and which will be able to assign their credits for a certain amount of paper drafts, or to also enter into an arrangement with ResearchCycles so that their researchers may use the Services of ResearchCycles at a special price, in order to request and obtain crowdfunding for their paper drafts and for the process of submission to journals.
Senior Researchers with an H index on Scopus above 12 that will act as peer reviewers of the paper drafts managed through the Services of ResearchCycles. They may also act as internal researchers of ResearchCycles, subject to the monetization incentive system provided by ResearchCycles, upon the terms and conditions indicated by ResearchCycles from time to time
ResearchCycles does not knowingly provide its Services to persons under the age of eighteen (18). Accordingly, we reserve the right to request any and all applicable proof of identification and consent proof from our users, at any moment, without prior notice, and at our sole and final discretion.
ResearchCycles does not knowingly collect any kind of information from any person under the age of thirteen (13), and will delete any related information thereto.
Account Registration and Security.
In order to use our Services, you may need to create an account with us, including all mandatory fields on our registration forms, as requested by us from time to time. Please use a unique email and a unique password for registering and entering into our Site. You must provide accurate and complete information. You agree to keep secret the password chosen upon creating your account and not to communicate it to anybody. If you lose or disclose it, you must promptly inform us.
You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach of security or unauthorized use of your account. You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password. We reserve the right to request identification and compliance documents from our users, at any time and at our sole discretion.
Account Suspension & Termination.
We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use our platform, or if you suspect a breach of security or unauthorized use of your account.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site or our Services.
Payments for Co-Authors. The registered co-author will be able to select a paper draft project of his choice, and once selected, will place it on his/her shopping cart.
Payments for Institutions. The authorized user will be able to purchase a Service plan designed for education, research, scientific and/or academic institutions, where credits will be purchased for posterior use within our platform in order to purchase participations into paper drafts projects.
We use payment platforms provided by globally accepted third-party payment processors. Accordingly, the processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. ResearchCycles is not responsible for any and all errors, fees and currency conversions fees by the payment processors.
If you elect to use a direct payment gateway in order to complete your purchase, then the third-party payment processors will collect and store credit card data. Your purchase transaction data will only be stored only as long as it results necessary to complete your transaction with us. After such order or transaction is complete, your purchase transaction information will be deleted.
The payment methods established on the platform are three (3):
- Cash payment, the co-author transfers the entire investment minus a 10% discount for his income.
- Payment in two installments without interest, the co-author to start his participation transfers 10% of the investment and the remaining 90% does so 15 days after obtaining the letter of acceptance through an email sent by ResearchCycles to the email that the co-author used to record his payment.
- Payment in three installments without interest, these are divided as follows: 33% for the co-author to start his participation, 33% at the end of one month of his entry and finally 34% maximum 15 days after obtaining the acceptance letter Through an email sent by ResearchCycles to the email that the co-author used to record their payment.
Considerations about payment methods.
In cases in which the acceptance letters are obtained less than a month after the scientific article is sent, the times indicated in the payment plan previously selected by the co-author will be respected, that is, 45 days from the first payment of the co-author for the payment of your last installment according to plan.
The author undertakes under these terms and conditions that when selecting any of the two or three installment plans, he must cancel 100% of the amount of his investment to obtain the right to co-authorship of the scientific article. In case of not making 100% payment, the user will lose their participation as co-author in the selected paper (s).
If the co-author for any circumstance does not make the payment of the remaining fees, the following conditions will apply:
- The first installment will not be refundable for any of the plans.
- If there is a second installment paid and the co-author fails to comply with the third installment, the second installment will be reimbursed minus the fees and taxes generated by the transfer of money by any of the means of payment used.
Researchcycles has a maximum period of 6 months to generate the letter of acceptance of papers in conferences / book series in any of the investment plans offered. In the case of journals in scopus and / or WoS, the maximum term will be one year. If after that time ResearchCycles has not provided the letter of acceptance to the co-authors, it must reimburse them the amounts collected less fees and taxes, solely and exclusively to the participants who fulfilled 100% of their payment plan within the times established according to these terms and terms.
Disputes & Charge-backs.
You must provide us with valid and current billing information. Except as expressly set forth herein, all payment charges are final and non-cancelable. If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.
A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement. A charge-back may result in the reversal of a transaction, with the amount charged back to you. You can be assessed charge-backs for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.
When a chargeback is issued, you are immediately liable to ResearchCycles for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint ResearchCycles as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.
User Code of Conduct.
As our user, you agree not to undertake, motivate, or facilitate the use or access of the Site or the Services in order to:
- Infringe these Terms, or allow, encourage or facilitate others to do so.
- Plagiarize and/or infringe on the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
- Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
- Republish, sell, rent or sub-license content or materials from the Site without our authorization.
- Reproduce, duplicate or copy material from the Site without our authorization.
- Distribute, post or otherwise make available any content that: (i) infringes on or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes on any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
- Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
- Use any automated or manual process to obtain, copy, process, access and/or use our Site or Services or any part therefrom to capture unauthorized data or content, for any purpose.
- Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from ResearchCycles or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
- Use the our Services to disseminate any type of computer viruses, worms, defects, trojan horses or other items of a destructive nature.
- Undertake any action that will or may cause an unreasonable load on ResearchCycles’ and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from ResearchCycles.
- Intercept or monitor activity via our Site or Services, without our express authorization.
- Otherwise reverse engineer, decompile or extract the proprietary code of the Site and our Services.
ResearchCycles encourages users to report violations of our Terms. Each user is solely responsible for their activities and any content posted, transmitted or otherwise made available via our Services.
Our Services may incorporate interactive discussion forums, message boards, chat widgets, bulletin boards, review services or other types of public forums in which you or your users may post user generated content (e.g. reviews, messages, videos, selfies, posts and other content).
The Internet is not an anonymous means of communications, thus we cannot guarantee the confidentiality of any content that you provide to us via the Services. Each piece of content that you post is intended for public review, and except for content expressly marked as private, most user generated content that you share with us will result in such content being made publicly available for users in our Site and other third party websites, including search engines and social media sites. Please remember that not all content can be marked as private.
ResearchCycles has the right, but not the obligation, to monitor any user activity and ‘user generated content’ (e.g. names, photos, posts, feedback, images, comments, questions and other content) to determine compliance with our Terms, as well as to verify the intellectual property rights thereof; and to edit, refuse to post or remove any material or content submitted to or posted on our Services that we find to be in violation of our Terms, Policy or that is otherwise objectionable.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the ResearchCycles and our Services.
We reserve the right (but not the obligation) to monitor disputes between you and other of our users, but not with suppliers.
Limited License. In order to access our Services, ResearchCycles grants you a limited, non-exclusive, revocable and non-transferable license to utilize and access the Services. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using the Services, in whole or in part. ResearchCycles does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit any downloaded Services and computer applications, in whole or in part.
User Generated Content License. As a contributing user, you hereby grant ResearchCycles an limited, non-exclusive, assignable, royalty-free, perpetual, irrevocable, in the scope of a co-authorship authorization, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any content you may upload, disseminate, deliver, create or transfer any post, original audio file, message, chat, files uploaded, data inputted, e-mails sent, or otherwise any content delivered to ResearchCycles via the Site or the Services. You represent and warrant to ResearchCycles that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to ResearchCycles as set forth herein.
Feedback License. You hereby grant ResearchCycles an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any suggestions, feedback, recommendations, comments and know how that you provide to ResearchCycles regarding the Site and Services.
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site and the Services are the property of or otherwise are licensed to ResearchCycles and its licensors and affiliates, whether acknowledged (or not), and which are protected under intellectual property laws, including copyright laws and treaties and other jurisdictions throughout the world.
ResearchCycles does not make any representation, covenant or warranty as to the content displayed or incorporated into any type of authorial piece, research paper, scientific publication, document draft, final paper, document ready to be submitted to any type of scientific, research or academic publication, etc. While ResearchCycles will implement Service mechanisms designed to verify the quality, merit and compliance of the work product of its first party and third party contributors as well as the content therein, the final responsibility lies on the individual author/creator.
Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in the Site or our Services, in whole or in part.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
Digital Millennium Copyright Act (‘DMCA’) Notice.
In compliance with the DMCA, we inform you that [— ResearchCycles LLC —] is the Designated Copyright Agent for DMCA Takedown Notices and intellectual property rights infringement policing though the Site, which you may contact by email.
ResearchCycles takes copyright infringement matters seriously, and is ready to remove any allegedly or factually infringing content displayed on the Site upon due notice and request by the title holder.
The following procedure will apply for any content displayed through the Site that allegedly infringes the intellectual property rights of you or of any third party. You must notify us of your claim with subject: “Takedown Request”. Once received, ResearchCycles will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, ResearchCycles may delete it, disable or otherwise stop displaying it.
Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.
DMCA Counter Claim Notice.
Given our business model, our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a DMCA Takedown Notice. Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected site to uphold their right to a DMCA Counter Claim Notice.
To file a Counter Claim Notice, please contact our Designated Agent indicated above, in writing, and with a Counter Claim Notice containing the following information, at a minimum: (i) express identification of the content that we may have or have removed from our Site and section or domain it was displayed; (ii) contact information, such as your address and your email address; (iii) a signature and identification of the title holder and/or the person authorized to act; and (iv) a statement indicating that you swear, under penalty of perjury, that you have a good faith belief that the information provided in the Counter Claim Notice is true and accurate.
Third-party Websites and Content.
From time to time, our Site and Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third-party websites (or their products and services). Please review the applicable terms and policies of such websites, including their privacy and data collection practices.
We may place ads and promotions from third-party sources in the Site. Accordingly, your participation or undertakings in promotions of third-parties other than ResearchCycles, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third-party. ResearchCycles is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
The images, texts, posts, information, photographs and other content and media displayed on or through the Site and our Services are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete scope. Some or all of the images shown in the Site are licensed and/or purchased stock photos, and are only shown for illustration purposes. Some or all of the content displayed in the Site is undertook by external third parties, and does not reflect ResearchCycles´ opinions, nor do ResearchCycles , its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.
Any and all content incorporated into any type of authorial piece, research paper, scientific publication, document draft, final paper, document ready to be submitted to any type of scientific, research or academic publication, etc., which was prepared, amended, updated, revised, reviewed, corrected, redacted, prepared, co-authored or finalized through the functionalities provided by the Services, is the responsibility of the each individual author/creator and/or of the co-authors, not ResearchCycles.
You acknowledge and agree that ResearchCycles shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Each registered user is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
You can always contact our team with questions about our Services, and we will strive to answer them and work together in order to resolve any such doubts.
If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated on our contact web page. We will undertake commercially reasonable efforts in order to answer as quickly as possible. You must provide us with full details of your service query so that we can clearly asses your concerns.
Changes to the Services.
ResearchCycles reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site and the Services, at any time and without notice. Any changes will be displayed on the Site, and we may also notify you by email. As a general rule, we will try to not diminish the functionalities available to your Service tier, and in the case of increased or newly available functionalities, we will inform you before their activation, including the timeframe to accept new payment terms.
Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
Service Level Agreement.
For technical inquiries, please contact our tech support team. Notwithstanding the foregoing, some of the Services and functionalities of the Site are offered by third party platforms such as Drupal or Amazon Web Services. Accordingly, any and all functionalities of the Site are subject to their terms and conditions and Service Level Agreements, available online for your reference.
By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.
Neither party shall disclose any Confidential Information to any third party except to its employees, attorneys, tax or accounting professionals who have a legitimate need to know and who have agreed to be bound by the provisions of a confidentiality agreement at least as stringent as the ones herein. Each party shall further protect the Confidential Information to the same extent as it protects its own information of a similar type.
For the purposes herein stated, “Confidential Information” shall be defined as the digital, verbal and/or written disclosures, documents or communications, stored in either written, graphic, digital, optical electromagnetic form or in software as a service systems, commonly known as “the cloud”, e-mails, optical disks, memory cards or removable drives or any other means that can retain information.
Confidential Information shall not include, information that: (i) is in the public domain at the time of disclosure; (ii) becomes publicly available through no fault of the recipient party and without breach of these Terms, (iii) is already in the lawful possession of a party without restriction prior to disclosure; (iv) becomes rightfully known to a party without restriction from a source other than the disclosing party; or that (v) is required to be disclosed by virtue of an order of a competent court or a legal requirement; shall not be deemed Confidential Information.
User Representations and Warranties.
You hereby represent, warrant and covenant that: (i) your use of our Site and Services, and all your uploaded and used generated content shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization; (ii) you have obtained all necessary rights, releases and permissions to provide any data to ResearchCycles and its affiliates, licensors and agents; and to grant the rights granted to ResearchCycles in these Terms, including without limitation any intellectual property rights or rights of publicity, privacy and any use, collection and disclosure authorized.
The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of our Services; or (iii) ResearchCycles begins providing its Services to you.
The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion; (ii) access termination or revocation for our Services; (iii) ResearchCycles´ termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by ResearchCycles to you from time to time; or (v) ResearchCycles´ decision to make the Site or the Services no longer available for use, at its sole and final discretion.
Termination for cause by ResearchCycles.
These Terms, along with any and all licenses granted hereof may or will automatically terminate if you breach any of the terms and conditions contained herein. Upon termination for breach, your rights to use our Site, our Services and any information provided or generated thereby shall cease and you shall not be entitled to any compensation, credit, remedy or refund of any nature. In this case, please contact our support department in order to initiate the process of receiving a backup copy of your user data, if any, subject to the terms and conditions of our providers, such as Amazon Web Services.
Neither ResearchCycles, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Site and/ or the Services will be error-free, uninterrupted, secure, or produce any particular results. No advice or information given by ResearchCycles or its employees, affiliates, contractors and/or agents shall create a guarantee. The Site and the Services have not been completely tested in all situations or devices, and they may or will contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.
To the fullest extent permissible under applicable law, the Site and/or the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. No oral or written advice provided by ResearchCycles, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty, nor will they be responsible for any actions or omissions of yours regarding the use of the Services, such as incorrect input, format or backup of data and metadata, lost data or corrupted data.
The entire risk of satisfactory quality and performance resides with you. ResearchCycles, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.
Disclaimer of Damages.
In no event shall ResearchCycles, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site and/or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not ResearchCycles, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.
Limitation of Liability.
If a user suffers loss or damage as a result of ResearchCycles´ negligence or failure to comply with these Terms, any claim by such user against us will be limited in respect of any one incident, or series of connected incidents, to the fees paid by such user in the previous three (3) months or the amount of direct loss or damage suffered by user, whichever is less.
These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You shall indemnify, hold harmless, and defend ResearchCycles , its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “ResearchCycles´ Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such ResearchCycles´ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by ResearchCycles ); and/or (ii) any third party claim arising out of or in relation to ResearchCycles or use thereof in combination with your business platform, including without limitation, any claim that ResearchCycles violates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.
Assignment. These Terms will inure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of ResearchCycles’ assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Force Majeure. ResearchCycles is no liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond ResearchCycles’ reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.
Entire Agreement. These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.
Equitable remedies: You hereby acknowledge and agree that if these Terms are not specifically enforced, ResearchCycles will be irreparably damaged, and therefore you agree that ResearchCycles shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
Language. These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
Notices. All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or: (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.
Newsletters. The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.
Export Controls. You will comply with all applicable export laws and restrictions and regulations of the US Department of Commerce or other United States or foreign agency or authority, and you will not use the Services to export, or allow any export or re-export services in violation of any such restrictions, laws or regulations. You represent and warrant to ResearchCycles that you are not a prohibited party or located in, under the control of, or a national or resident of any restricted country, and that you will otherwise comply with all applicable export control laws. If you reside outside the United States, then in addition to complying with the foregoing, you will comply with any relevant export control laws in your local jurisdiction. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.A., Canada, European Union or other government’s embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties or activities.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
No Relationship. You and ResearchCycles are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
No Waiver. Failure by ResearchCycles to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by ResearchCycles that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of these Terms. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This arbitration applies to you and ResearchCycles, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (a “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to ResearchCycles should be sent to our address as indicated in our contact section. After the Notice is received, you and ResearchCycles may attempt to resolve the claim or dispute informally. If you and ResearchCycles do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. The amount of the award shall also be limited by the Limitation of Liability section of these Terms, to the extent applicable.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (AAA) Rules, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If the AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms.
The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (USD $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (USD $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.
Any hearing will be held in a location within 100 miles of ResearchCycles’ business premises, unless you reside outside of the State of Georgia, and unless the parties agree otherwise. If you reside outside of the State of Georgia, the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings, as detailed below. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, reputable video conference based tools and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or ResearchCycles elect to pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and ResearchCycles, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.
The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and ResearchCycles.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.
Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against ResearchCycles shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and ResearchCycles, you may not adjoin or consolidate any claim with more than one person’s; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
Applicable Law. You agree to submit to the applicable laws in the State of Delaware, which will govern these Terms and any claim, without regard to conflict of law provisions.
Forum. For the application of this arbitration agreement, and of other matters appertaining these Terms, the parties hereto agree to submit to the personal jurisdiction of the courts located in the State of Delaware, United States of America.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.
If you have any questions or comments about us, our Site, our Terms and/or these Terms, please contact us at:
3 Germay Dr Ste 4 # 1871, Wilmington DE 19804, EEUU
Date of last effective update is November 09, 2020.