This website is operated by Bibliate, Inc. Throughout the site, the terms “we”, “us” and “our” refer to Bibliate, Inc. Bibliate, Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. Object and Validity
- The company
Bibliate, Inc. 13033 Ridgedale Dr #106 Minnetonka, Mn 55305
E-Mail address: firstname.lastname@example.org
- (hereinafter referred to as “Bibliate”) operates a platform for online reading (hereinafter referred to as “Platform”) on the Internet portal https://bibliate.com or https://app.bibliate.com In this context, Bibliate’s authors and technology transform the key insights of major scholarly articles and other academic content for you into a digestible format. This gives you the option to understand the key insights from major scholarly articles on your computer or mobile device, in the shortest possible time.
- The use of the platform (including the apps) shall be subject to the following General Terms and Conditions (“General Terms and Conditions”) in the version valid at the time of registration or order. Bibliate does not acknowledge any different general terms and conditions belonging to you unless Bibliate agrees to their validity in writing.
- No separate contract text is provided for the Agreement pertaining to the use of the platform. The content of the agreement between you and Bibliate is based on these General Terms and Conditions, as well as on the specific information provided as part of the registration (see Section 3) and by signing up for a paid subscription (Section 4), that will be saved by Bibliate and that is available in your user account at any time.
- You accept the validity and applicability of these General Terms and Conditions by registering and/or purchasing a paid subscription, as the case may be.
2. Bibliate’s Services and Rights
- Bibliate provides the key insights from major scholarly articles which allow you to understand their essence within a few minutes. Moreover, Bibliate may provide a personal profile to you, which you can fill with your preferred platform content and text markers as well as sorting this content into different categories and lists.
- The extent of the material of the platform content and the options to use (the “License”) depend on the type of account you selected. There is a difference between a free account (see Section 3), a paid subscription (see Section 4) and a free trial (see Section 5). In terms of duration, the license is limited to the validity period of the free account / paid subscription / free trial.
- The rights to Bibliate’s service and the content distributed through the service are and will remain with Bibliate and /or Bibliate’s licensors. The Bibliate software applications and content are licensed to you under the terms of the user agreement. We only grant you a non-exclusive (simple), time-limited right to personal use of the Bibliate service and its contents.
- All Bibliate trademarks as well as our trade names, logos, domain names and other distinctive features of the Bibliate trademark are the sole property of Bibliate. The license does not give you any right to use the Bibliate trademarks, our trade names, logos, domain names or any other distinctive features of the Bibliate trademark, be it for commercial or non-commercial purposes.
- If you do not use a paid service, Bibliate is allowed to show you promotional information on the platform.
3. Registering with Bibliate
- In order to be able to use Bibliate’s services, a registration with Bibliate is required. Individuals over the age of 18 have the right to register. As a minor, you may only register with Bibliate if you are at least 14 years old and your legal representatives have provided their consent. We have the right to make the use of Bibliate services contingent on proper proof of your identity, your legal age, or your legal representative’s consent.
- The registration itself is free of charge (free account) and does not make you sign up for a paid subscription. By registering, you are executing an agreement with Bibliate for a limited, free use of the platform which automatically renews at $9.99 per month at the term chosen unless cancelled by the user or Bibliate.
- You can use your e-mail address as well as a password of your choice to register. You can register via our website.
- Any information required for registration must be complete and correct and always up-to-date. Bibliate has the right to save and process the data you provided during registration, in accordance with the provisions on Data Protection.
- The password used must be kept confidential. Keeping it a secret is solely and fully your responsibility. The Bibliate user account may only be used by you. Any unauthorized use of your user account, as well as any such suspicion to that effect should be communicated to Bibliate immediately.
4. Executing an Agreement for a Paid Subscription
- To be able to fully benefit from Bibliate’s services, additional service packages in the form of paid subscriptions (“Subscription access”) will be made available to you after registering. These can be purchased for different, and variable periods of time, which you will see in the order options.
- Bibliate’s subscriptions are monthly paid subscriptions that allow you to access additional content and features through our mobile and web-based applications.
- You will have access to the respective services as long as your subscription is valid.
- You submit a legally binding offer for a fee-based subscription, if you enter the information requested in the online order form and then click on the “Order with obligation to pay” button. By doing so, you submit a legally binding offer for an agreement for a paid subscription. Before submitting your order, you may change and view the data at any time.
- The agreement is accepted when Bibliate issues a notice of acceptance, which will be sent to you immediately by email (receipt and order confirmation). In this email, the text of the agreement (consisting of the order, terms and conditions and order confirmation) will be sent to you by Bibliate on a permanent data carrier (email) (agreement confirmation). Your subscription begins on this date. The text of the agreement is saved subject to data protection. Please read our Privacy Statement for information on the collection, use and processing of your data.
5. Trials / Testing Phases
- Bibliate occasionally offers new users in particular, free subscription access for testing purposes for a certain period of time ( “Trial”). Bibliate determines, at its sole discretion, if you may participate in a trial. Bibliate may discontinue or change such free trial at any time without prior notice or notification, upon providing an important reason.
- You can only participate in certain trials if you enter your payment details when you sign up for the trial. In these cases, we need your consent at the beginning of the trial for the fact that your free access will switch to a paid subscription access (Section 4) after the trial ends, on the day following the end of the trial. In this situation, your subscription renews itself on a recurring basis and can be terminated up to one day before the end of the respective subscription period (Section 8 (2)).
- If, in a situation similar to the description in Section 5 (2), you do not wish to have the subscription access and the charge associated with it, you must cancel your subscription access given to you during the trial (for example, by simply going to your Bibliate Account Settings or respective app store settings) before the end of the trial.
6. Cancellation Policy
- If you are a consumer (i.e., a person completing the legal transaction for purposes that can be predominantly attributed to neither their commercial nor their independent professional activity), you are entitled to a legal withdrawal right when executing a distance selling agreement, so in this case when signing an agreement for a fee-based subscription with Bibliatet, about which Bibliate informs below, as per the requirement of the statutory model. Please note that in the case of an in-app purchase, you have the right to withdraw from the respective operator of the app store, i.e., Apple or Google. A model withdrawal form can be found in Section 6 (2).
7. Reimbursement and Payment Methods, Compensation and Retention Rights
- The subscription for access (Section 4) is subject to a fee and must be paid at the beginning of the subscription. As payment methods, Bibliate offers credit card, Stripe, and additional payment methods, if available, specified before beginning of the order process.
- If accessing by using a code, payment will be made by the payment method specified by you prior to the purchase of the code, such as Paypal or bank transfer.
- As part of your subscription, your payment obligation to Bibliate will be automatically renewed at the end of the relevant subscription term if you do not cancel your paid subscription at least 24 hours before the end of your term (Section 8 (2)).
- You are not entitled to any claims against Bibliate, unless your counterclaims are legally valid or undisputed. You are also entitled to offset against the claims of Bibliate, if you make complaints or counterclaims based on the same agreement.
- You may only exercise your right of retention if your counterclaim results from the same agreement.
8. Term and Cancellation
- The paid subscription access (see Section 4) will run for at least the term you originally selected and will automatically renew if it is not canceled within 24 hours of the end of that period. The subscription term will be extended according to the subscription model used so far. You can cancel as instructed below:
- You can cancel paid subscriptions completed via our web app in the “account” menu item of the web app. To do this, you must log in, open the settings in the context menu and click on “Cancel subscription”.
- The subscription access cancellation takes effect on the day following the last day of your current subscription period and you will be downgraded to the free subscription agreement (free account). However, once you renew a subscription again, you will be able to access your old status and reading lists. If you wish to delete your entire account, you can do so from the settings in our web apps (see Section 8 (3)). All data will be deleted irrevocably.
- The right to blocking and cancellation for an important reason due to a good cause remains unaffected by the preceding provisions.
- Bibliate disqualifies any claims for damages coming from you. This does not apply to claims for damages arising from fatal injuries, physical injuries, health damage or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by Bibliate, its legal representatives or affiliates. Essential contractual obligations are those the fulfillment of which enables the proper execution of the Agreement in the first place and on the fulfillment of which you can trust.
- In the event of a breach of essential contractual obligations, Bibliate shall only be liable for the typical, foreseeable damages stipulated in a contract, if they were simply caused by negligence, unless it also involves claims for damages due to fatal injuries, physical injuries or damages to health.
- The restrictions mentioned in Section 10 (1) and 10 (2) also apply to breaches of duty by Bibliate’s affiliates and legal representatives, if claims are made directly against them.
10. Change of Terms and Conditions
- Bibliate reserves the right to make changes to individual clauses of the General Terms and Conditions with effect in the future, by taking into account Bibliate’s interests and provided it is reasonable for you. If no explicit consent is obtained from you to adapt the General Terms and Conditions, you will be notified by Bibliate of any changes to the terms and conditions in a timely manner (at least four weeks before the amended General Terms and Conditions enter into force). To this end, Bibliate will send you the new version of the General Terms and Conditions to the e-mail address specified by you in the registration. In this context, Bibliate will expressly point out to you the possibility and deadline for objections to the change, as well as the consequences, should you refuse to submit an objection.
- If you do not object to the change within six weeks after the effective date of the amended General Terms and Conditions, the amended GTC shall be deemed accepted. The deadline starts on the date you are notified by email as being the effective date of the change.