last updated: 2021-01-12

Terms

These Terms constitute a contract between You (a company selling highly technical goods or services) and Us (CompareNetworks Inc). By using any of our Services or purchasing any of our Products, You acknowledge that you have fully and completely informed yourself of:

We reserve the right to update these documents and we encourage you to review them regularly online as listed above. If you have any reservation You must not use Our Service or purchase our Product. No specific condition may prevail over these Terms unless it has been previously and expressly accepted by Us.

1. Mission and Service

The Mission of Scilan is to provide You with highly technical data relevant to Your highly technical market.

To this end, Scilan can provide You with one-time data reports or data lists. Scilan can allow you to access data over a given time-period and/or deliver it to You via proprietary data connectors.

Services commercialized by Scilan include (but are not limited to): Scitap, Scirank, Scitence and Scisnap.

The generation and delivery of one-time data or set-up and access to data over a given period constitute the totality of the Service provided to You by Us.

2. Scilan’s algorithmic approach

Scilan detects and organizes relevant data by algorithmically analyzing several data sources, most of which are publicly available (such as scientific articles or patents). Except for the initial design of these generic algorithms, humans play no role whatsoever in the generation of the information. All the information We provide to You is generated entirely automatically. It has not been reviewed or validated by an expert in your field or even by a human.

3. Initial Test

We will initially provide a limited sample of the Service to you for free.

This Initial Test is meant for You to verify the fitness of the Service to Your particular needs. The quality of the Service that We will provide to you during that phase is the same that We will provide to You should you decide to order the Service. In particular, the data that You would then get will be obtained with exactly the same algorithm as the one that what was used during the Initial Test.

It is your responsibility to take full advantage of this Initial Test and validate that a purely automatic expansion (which the full Service will be) of the Initial Test will fit your needs. You should carefully verify that the data elements in the Initial Test are all perfectly valid and relevant for You and Your specific needs.

We have strived to make our Services as simple as possible and, after the Initial Test, We will only be able to provide very limited one-on-one direct training, assistance or support. If during the Initial Test, You find that you will require significant training, assistance or support, You should not order our Service. If unsure, please contact Us.

4. Payments and Quality Guarantee

We take pride in the quality of the data we deliver and trust that you will find the data we propose to be relevant for Your needs (as validated by You during the Initial Test).

Payments can be required for some of our services. Depending on the Services you use, these payments can be one-time and recurring. Recurring payments will tacitly renew unless terminated by You or Us. We may transfer the delivery of the Service to a partner. We may also terminate Services. In that case we will reimburse you on a pro-rata basis for recurring payments.

If you believe that some of the data are not relevant and deviate significantly from the Initial Test, please notify us within 30 days of delivery. We will terminate the service and reimburse you on a pro-rata basis for the data deemed irrelevant.

5. Disclaimer

We warrant that the Service offered is as described above. This warranty is exclusive of any other warranty and particularly that of reaching a certain result. We make no guarantee that the Service will be suitable to You.

We strive to provide the best information possible but Our approach is inherently limited by the accessibility, accuracy, quality and quantity of the sources of data We process, as well as the very limited understanding that Our algorithms can form of complex human activities and organizations.

Information provided by Scilan might be incomplete, inaccurate, outdated or misleading. Generally, You should never consider information provided by Us as authoritative, instead, for any critical decision, You should use that information as a first step for further research and validation by some human expert in Your organization.

Some of our data might contain personal information. This information is collected from public sources. We have not had any direct contact (no “opt-in”, no “direct consent”) with specific individuals. It is your responsibility to use this information in a way that is legal and compliant.

In the event where Our liability is accepted, Our total liability for compensation will correspond to only direct, personal and certain harm and, in any event, shall not exceed the amount of sums effectively paid by You to Us over the preceding 12 months.

You warrant and hold Us harmless against any damage of whatsoever nature, any claim or legal action by a third party relating to the use of the Service, including by Your own employees and potential customers. In this connection, You will indemnify Us for judgments of any kind, as well as for penalties, damages and reasonable lawyer fees and court costs.

6. Intellectual Property retained by Us

Intellectual Property retained by Us We are the owner or assignee of all of the intellectual property rights to the software and databases used to provide the Service. These items remain Our sole property. You will not acquire any other right for these items other than those which are expressly granted to You in these Terms of Service which include the right to display, visualize, organize and export data for your own direct internal business needs.

7. Your obligations

You will only use the Service in accordance with its intended use. You may not attempt to abuse or reverse-engineer the Service or our technical infrastructure. You may not attempt any action that could be interpreted as malicious or deliberately try to circumvent any security measure. If You notice, or suspect, any malicious activity, or if you have any concern, You must notify us immediately. Conversely, if We detect any malicious activity impacting You, we will notify You immediately.

You may not assign, transfer, delegate or license the rights and obligations under this contract, in whatever form, to any third party, except with Our prior written consent. On the other hand, We may transfer this contract at any time to a third party of Our choice. If that happens, We will notify the You of such transfer. Moreover, We are authorized to subcontract all or a part of the Service, but We will in any event remain the guarantor of their good performance with respect to You.

Generally, you will not use the Service in any way that would directly compete with Us or cause harm to Us or our partners. If you have any doubt, please ask Us first.

You authorize Us (Scilan SAS and partnering companies) to use Your name, trademark and logo as a commercial reference.

You will comply with and cause to be complied with by persons under Your responsibility laws and regulations in force.

In the unlikely event of material or renewed breach of the contractual provisions in these Terms we may terminate Our Service to You without notice and without formalities.

8. Governing Law

These Terms as well as the sales and services that they govern are governed by French law. This applies to both the substantive law and the procedural law, whatever the location of access and use of the Service.

These Terms set out all of the parties’ obligations relating to the subject matter.

If one or more provisions hereof were to be held not to be valid or declared as such pursuant to a law, regulation, or following a final decision of a court of jurisdiction, the other provisions will remain in full force and effect.

In the event of a dispute occurring in connection with these Terms or the sales and services that they govern, whether concerning their interpretation or their performance, and potentially after an attempt to reach a friendly resolution, exclusive jurisdiction is granted to the courts of jurisdiction within the competence of the Court of Appeal of Paris, notwithstanding plurality of defendants or a claim for an indemnity, or even for emergency procedures or precautionary measures, and enforcement procedures.