Terms Of Use
Table of Contents
General
- This website and all its sub domains (“Site”) are owned and operated by Cactus Communications Group. Any references to "we," "us," "our," "I" refer to Cactus Communications Group (“CACTUS”). The services are wholly offered and provided by CACTUS.
- The term “you” or “your” or “client” or “customer” refers to the customer who avails or intends to avail the services, whether chargeable or not offered on this Site subject to these Terms of Use (“ToU”).
- The term source documents/information or “Source Files” includes the articles, manuscripts, papers, academic papers, theses, dissertation documents, pictures, your or your laboratory’s research papers you choose to upload, data relating to your preferred Journals and your choice of published papers, Digital Object Identifier (“DOI”) PubMed Central Identifier (“PMCID”) and files/text which are submitted to us for rendering the Final Product, or inputted into the tool, etc.
- The term “Final product” refers to the end product/report/suggested readings which will be recommended based on the Source Files provided by you.
- Your continued use and access of this Site indicates that you have read, understood below mentioned ToU and notices stated herein, as updated from time to time, and accepted the ToU. As long as you comply with the ToU, we grant you a non-exclusive, non-transferable, limited right to enter, view, and use this Site If you do not want to be bound by the ToU, you agree to immediately discontinue your use of this Site.
- In addition to these ToU, your use of our Site is also governed by our Privacy policy and Cookie policy. By accessing and using our Site you consent to our processing of your personal information in accordance with our Privacy policy, and you consent to our use of cookies in accordance with our Cookie policy.
Purpose of This Site and the Content Therein
- All the information presented on this Site (“Content”) is for informational purposes only and does not create a business or professional services relationship between us. A service relationship may be established when you place a request for the services and the same is accepted by us.
- We reserve the right to verify and confirm the authenticity, enforceability, and validity of service orders/ requests placed by you to protect the security, safety, and integrity of our systems and your interest.
Editage
- Fees and Invoicing
- We will issue you a valid tax invoice in respect of each service. We will notify you as soon as the deliverable is ready for download. You will be required to pay all fees before downloading the deliverable. Except as specified herein or in the order form (i) fees are based on the services requested / purchased and not actual usage, (ii) payment obligations are non-cancellable, and fees are non-refundable.
- Payment shall be made: (a) in full without set-off, counterclaim or withholding of any kind (save where and to the extent that this cannot by law be excluded); and (b) in the currency mentioned in the order confirmation.
- We will re-issue any invoice if any error is later discovered. If you have overpaid as a result of a billing error, your account will be credited with the overpayment or, if you have stopped acquiring the service from us, we will refund the overpayment promptly after your request and after deduction of any other amounts due by you to us.
- Billing Dispute: You may dispute an amount invoiced by us but only if you do so in accordance with this clause:
- Except to the extent you raise a valid billing dispute in respect of our invoice, you agree that the invoice is valid and payable (and you must pay any undisputed amount included in the invoice in accordance with this clause 'Fees and Invoicing'
- To raise a valid billing dispute, you must (i) make a good faith request to us to investigate the specific charges or invoice, providing at the same time specific evidence which demonstrates that a particular charge or invoice is incorrect; and (ii) make any such request to us within 1 month of the date of the relevant invoice.
- On receiving good faith dispute request from you, we will conduct investigations which are reasonably necessary and appropriate in the circumstances of the dispute. At the end of these investigations, you will pay any outstanding amount within five (5) business days.
- Refunds/Cancellation Policy
- All services provided electronically are quality assured. If the customer is not 100% satisfied with the quality, he/she may notify us in writing and request us to rework free of charge. Also, if the delivery is delayed, we will refund 100% of the fees paid to us for that service.
- Clients agree to resolve any questions, concerns, or disputes regarding the quality of delivered services by submitting a written request, either by email request@editage.com or on an online account. This request must specifically outline all questions and concerns about possible editorial errors or omissions so that our experts may clearly address, respond to, and/or correct any areas of concern on the client’s behalf as quickly and professionally as possible. Rework requests are applicable only to the original text and will be conducted according to the assignment’s original written instructions.
- No cancellation requests will be accepted for confirmed orders.
- A refund, if applicable, will be credited through the same payment method used for the original transaction. The Client will have to return the original tax invoice, for the refund to be processed, wherever applicable.
Mind the Graph
- Mind the Graph is a SAAS (Software as a Service) platform (“Mind the Graph Platform”) for academic infographics. The clients can use a vast library of scientific illustrations or request customized ones, which are available as a service included in this subscription.
- The subscription to Mind the Graph Platform gives access to a full version of the product, including additional features and an on-demand illustration service. This depends on the type of subscription selected, with different pricing. The details about what is included in each subscription type are available at http://mindthegraph.com/pricing.
- The delivery time for custom illustrations in individual subscriptions (Student and Researcher) is up to 7 days from the processing date. For Teams & Labs, the schedule will be set between Mind the Graph and subscribers.
- The monthly illustration requests are not cumulative.
- All paid subscriptions include watermark-free downloads, restoring deleted files, high-resolution exports, and the use of templates in the Platform.
- Every subscription can be made with available options like monthly, quarterly, semi-annually, or annual payments, with the same benefits. The only difference between these subscriptions is the progressive discount in each modality and they are charged basis the subscription you choose, always starting at the time of subscription. Therefore, it is considered a pre-payment mechanism that gives access to the Platform for the following subscription period. The renewal is automatic in every subscription. The client will be charged periodically to ensure continuous access to the Mind the Graph Platform.
- By choosing not to register as a client, you accept sole responsibility for all activities on your account, including unauthorized use by others who gain access to your information. You also authorize us to process all transactions made using your registration information.
- Creative Commons License:
- Notwithstanding anything contained herein, the content stored in and created with www.mindthegraph.com, Mind the Graph Platform is available under a free culture Creative Commons license. Free users are allowed to publicly present the infographics created with the Mind the Graph editor and use the illustrations available on the website, provided with Mind the Graph watermark logo is kept in the image, as exported via the website. Modifications on prior work may also be performed if you agree to also share the modified work. By using the website Mind the Graph Platform, you also allow other Mind the Graph users to use your illustrations and create upon them, under the same terms. This is known in the CC community as “attribution share-alike 4.0 licensing”. More details about this license can be found at http://creativecommons.org/licenses/by-sa/4.0/.
- Subscribers are entitled to full rights to their creations and are recognized as authors, keeping their rights and ability to transfer authorial rights to third-party publishers without previous consultation with Mind the Graph. They can also perform public presentations of the pictures at their own discretion.
- Characteristics of the Creative Commons license used for free users
- Attribution – You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. We suggest that the published material mentions the following sentence “Figure created in the Mind the Graph Platform, available at www.mindthegraph.com” in the appropriate section of your paper, class, or conference talk, whenever possible.
- ShareAlike – If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.
- No additional restrictions – You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
- Users are free to enter our site and export the infographics to Share – copy and redistribute the material in any medium or format; and/or Adapt – remix, transform, and build upon the material for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
- The content created in Mind the Graph is considered private and restricted use by its creator.
- To make the content public, the user must share the creation with other selected users with the Share Creation feature or share the creation URL (available only to the content creator user), or if the content is published by journals or another public medium.
- Fees and Invoicing: We may charge fees in advance and on a monthly, yearly, lump sum, or another basis. All fees are due promptly and, unless otherwise indicated, are non-refundable. You must notify us about any billing problems or discrepancy within seven (7) days after they first appear in your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy.
- If the client does not want to continue using the Mind the Graph Platform, he or she can decide to cancel the subscription to avoid being charged in the forthcoming period. The canceled subscription does not mean an immediate block to the Mind the Graph Platform; instead, one will still be able to use the Mind the Graph Platform normally until the end of the current period. If the subscription is NOT canceled, it will be renewed automatically every period. Our policy does not permit refunds for users who overlook cancelling their subscription. Refunds will be granted in case of duplicate payment or subscription, in case of charging a subscription when the client already canceled it before the renewal period, or in any reasonable situation. Refunds will not be issued for subscriptions if the cancellation process is incomplete and/or if the client fails to cancel in a timely manner for any reason. Any special case will be evaluated by the customer success team and communicated accordingly.
- In case of PayPal cancellation, the client’s subscription will end immediately and the remaining subscription period, if any, will expire without any refund for the same.
- A refund, if applicable, will be credited through the same payment method used for the original transaction. The Client will have to return the original tax invoice, for the refund to be processed, wherever applicable.
- User-generated content:
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- Mind the Graph user can assemble and/or create visual information in the Mind the Graph Platform using the digital tools and assets provided (“User-generated content”). This includes but is not limited to the files voluntarily uploaded by the user on the Mind the Graph Platform and/or accessed in any form via service integration with image banks, video banks, or any other form of content accessed by the user through the Mind the Graph Platform and used in the composition of images, slides, infographics, and presentations. Content uploaded and/or created by the user is stored in our data bank and is accessible by Mind the Graph, if necessary. No sensitive confidential data should be uploaded or used in the slides without clear intention to do so, under the possibility that is eventually seen by any of the company employees. While technically able to visualize user-generated content, the company has no intention and/or practice to screen the content, nor does it endorse in any form the generated content.
- By using the Mind the Graph Platform, you confirm that you agree with these terms of use and that you have the right to use any of the content eventually uploaded to the Mind the Graph Platform. By using the Mind the Graph Platform to generate content, the user acknowledges sole responsibility for any potential consequences arising from content that violates any code of conduct. You bear full responsibility for the content generated through the Mind the Graph Platform. The public presentation of the content in digital, printed media, or via the web does not imply any association of Mind the Graph with the content. Content downloaded by “starters” users includes a Mind the Graph logo in the watermark by default. This does not imply an agreement or endorsement by the company in any form.
- If you provide any feedback or suggestion or any communication to Mind the Graph or its related services, you acknowledge that the content is not confidential and you authorize the company to use it at its own discretion, without any notification or compensation.
- Please respect the Mind the Graph Platform, the company, its employees, and fellow users by refraining from using inappropriate language or engaging in misconduct. We strongly suggest and request that you do not create, use, or reproduce any content that is considered disrespectful to any of the aforementioned persons. In full, please refrain from using any content, in any form on the Platform that may be considered: offensive, abusive, slanderous, pornographic, illegal, violent, threatening, or obscene. Do not create, use, or reproduce any content that may infringe any copyright from companies or individuals. Do not publish or share via the Mind the Graph Platform any confidential data, including your password. Do not create, use, or reproduce any content in the Mind the Graph Platform that infringes this ToU license.
- Disclaimers and Limitation of Liability:
- We cannot guarantee the authenticity of any data that users may publish on the Mind the Graph website. Mind the Graph is not liable for any loss or damages suffered in connection with the use of or exposure to any content available on www.mindthegraph.com any user-created infographics published, emailed, accessed, transmitted, or otherwise made available via the website. As a user, you will be solely responsible for any damage or loss to any party resulting from your activities on the website.
Editage All Access Services
- Editage All Access offers a one-time purchase option and a paid subscription program with an option of monthly, quarterly, semi-annual, and annual subscription. It may be offered standalone or bundled in with other offerings.
- Editage All Access service inclusions may vary in each country.
- Editage All Access subscription services will be valid for a period depending on the chosen plan. Your subscription will renew automatically at the end of the period. If you wish to unsubscribe, then please do so before the period ends.
- Clients choosing the subscription program will be billed either monthly, quarterly, semi-annually, annually, or other basis, depending on their chosen subscription.
- Editage All Access subscription duration is fixed unless indicated differently at the time of allotment.
- Benefits included in this subscription can only be used while the subscription is active.
- Benefits included in the subscription that are offered by third party service providers are subject to their respective terms & conditions. Please read the same carefully while redeeming any such benefits.
- Editage All Access one-time purchase options will not be renewed automatically at the end of such use. There will be no recurring charge in the case of a one-time purchase.
- Cancellations and Refunds
- The one-time purchase option is non-cancellable and non-refundable.
- In case of subscriptions, Clients can choose to cancel their subscription at any point in time.
- If cancellation is done within thirty (30) days of purchase for annual subscription, and seven (07) days of purchase for semi-annual, quarterly, and monthly subscription, Clients will be eligible for a refund. After the mentioned period, no refunds will be provided. The subscription will continue until its expiry.
- A refund, if applicable, will be credited through the same payment method used for the original transaction. The Client will have to return the original tax invoice, for the refund to be processed, wherever applicable.
- To cancel your subscription, please visit the Membership & Billing page in your account on the Site. You can reach out to support@researcher.life in case you need any assistance.
- Unused benefits will not be carried forward upon the expiration of the subscription.
- Certain benefits like live events, etc., may be available for a limited period only during the subscription period.
Researcher.Life Essentials Pack Services
- Researcher.Life Essentials Pack (“Essentials Pack”) is a free offer available to all registered clients of Researcher.Life and products in its ecosystem.
- We have the right to modify the services included under the Essentials Pack at any time.
Ask R Discovery and R Discovery Prime Services
- Ask R Discovery is a paid service that allows users to request and receive artificial intelligence (AI)-generated content derived from research papers (“AI Content”), whereas R Discovery Prime offers paid subscription plans on an annual, quarterly or monthly basis. It may be offered standalone or bundled with other offerings.
- The AI Content or information made available in conjunction with or through the Ask R Discovery service are provided “as is” and without warranties of any kind either express or implied.
- It is the ultimate responsibility of each user to determine whether to review a research paper based on analysis performed using such AI Content or not. We shall have no liability to any user for claims arising from research performed using the service.
- Both Ask R Discovery and R Discovery Prime service inclusions may vary in each country.
- To avail the services, clients must download the R Discovery app from App Store or Play Store or create an account on the following sub-domain of the Site: https://discovery.researcher.life/
- Clients will receive the first seven (7) days of R Discovery Prime services as a complimentary/free trial.
- Upon the completion of the free trial, your subscription will end, and you may proceed with payment to purchase the desired subscription, i.e. R Discovery Prime services will then be valid for a period of one (1) year from the date of paid subscription for the annual pack, or three (3) months from the date of paid subscription for the quarter pack, or one (1) month from the date of paid subscription for the monthly pack. Your subscription will be auto-renewed at the end of the said period. If you wish to unsubscribe, please do so before the end of the pack validity. Clients subscribing to this subscription will be billed depending on their chosen subscription.
- The subscription duration is fixed unless indicated differently at the time of allotment.
- Benefits included in this subscription can only be used while the subscription is active.
- The features such as audio, translation, or summarization available on the Site are for convenience just to make the user experience more useful and we shall in no way be held responsible or liable for any inaccuracies or discrepancies in the same including but not limited to incorrect translation, mistake in the audio, incomplete summarization, etc.
- Cancellations and Refunds:
- Clients can cancel their subscription at any point in time.
- To cancel your subscription, please visit the Membership & Billing page in your account on the Site or R Discovery app, as applicable. You can reach out to discovery@researcher.life in case you need any assistance.
- If cancellation is done within thirty (30) days of purchase on the R Discovery website for annual subscription, and seven (7) days of purchase on the R Discovery website for monthly or quarterly subscription, you will be eligible for a refund. If cancellation is done by you on the R Discovery app, you will not be eligible for any refunds. After the mentioned period, no refunds will be granted. The subscription will continue until its expiry.
- Refunds, if applicable, will be credited through the same payment method used for the original transaction. The client will have to return the original tax invoice, for the refund to be processed, wherever required.
- Any unused benefits on the date of subscription’s expiry will not be carried forward.
- Certain benefits like live events, etc. may be available for a limited period only during the subscription period.
- We have the right to modify the services included under Ask Discovery and/or R Discovery Prime at any time.
Upskill Services
- In case you are using Upskill services (“Upskill”), you agree and acknowledge that all courses uploaded on the site are either proprietary to us or are licensed by us and that you shall not reproduce the course or any part of the course for any commercial benefit.
- Those courses which are available online shall be strictly completed online and you shall not make any attempt to download, copy the same or take screenshots. For those courses which are available in a downloadable format, you can download one copy only for your reference. However, you are prohibited to make any copies or reproduction of the same for any commercial benefit.
- The opinions and guidance provided in the courses and consultation sessions are based on best judgement and good faith. You should independently evaluate them before making any decision or taking any action.
- In case you suffer any monetary or non-monetary loss resulting from actions taken by you based on such opinions or guidance, you acknowledge that you waive any claim against us. These opinions and guidance are provided in good faith and you are solely responsible for independently evaluating them before taking any actions. You agree to waive any claim against us in such circumstances.
- While we strive to provide world-class content courses, unexpected events do occur. We reserve the right to cancel, reschedule, and modify any courses, if required.
- Courses can be purchased individually but not all courses will be included in this scheme. Some courses will be accessible only through Prime membership. Prices may vary, and it will be mentioned if it can be accessed through membership only.
- You can access and consume the course material till the course is hosted on Upskill and Upskill Studio.
- You cannot cancel the individual course once subscribed for. There is no refund policy for courses subscribed.
Researcher.Life Pubsure Services
- In case you are using Researcher.Life Pubsure (“Pubsure”) Services, final product means the assistance we provide in introduction between Authors and Journal Editors/ Publishers.
- Pubsure Services may entail varying number of original submission and resubmissions based on the category of service/ plan you avail. We reserve the right to make reasonable changes to the Fair Usage Policy at our sole discretion.
- Notwithstanding anything to the contrary the following Refunds & Cancellation Policy applies for Pubsure services:
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- You are requested to write to us on support@researcher.life within three (03) days of service delivery explaining your concerns. We will first attempt to reprocess the manuscript to address the issue.
- If you remain dissatisfied after this reprocessing and it does not meet our commitments, we will offer an equivalent service for free. However, after such reprocessing, you can request a refund if our services still fall short of the description provided to you.
- If there is a failure while processing an uploaded file to generate a pro report, and the report was not generated within twenty-four (24) hours, then the used credit shall be automatically allotted back to you in your account.
GrantDesk Services
- GrantDesk is a paid service program that offers one-time service and subscription option.
- GrantDesk services will remain valid depending on the chosen plan.
- Benefits included in this subscription can only be used while the subscription is active. Any unused benefits on the date the subscriptions expiry will not be carried forward.
- In cases where an application results in a successful award, then Client must inform us within 30 days of receipt of such grant award. We will issue you a valid invoice and the Client will be required to make the payment within thirty (30) days from the invoice date.
- Cancellations and Refunds
- Clients can choose to cancel their annual membership within thirty (30) days of purchase of service and will be eligible for a 50% refund. After the mentioned period, no refunds will be provided.
- Clients can choose to cancel their grant application service within fifteen (15) days of purchase of service and will be eligible for a 50% refund. After the mentioned period, no refunds will be provided.
- The mini review service is non-cancellable.
- The subscription will continue until its expiry.
- Refund, if applicable, will be processed only if the client returns the original tax invoice and refund will be credited through the same payment method used for the original transaction.
- To cancel your subscription or for any other assistance, please reach out to grantdesk@researcher.life.
- All the information or advice provided by us are on the basis of our expertise and research. We do not make any representations or warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to the accuracy, completeness, reliability, suitability, availability, or timeliness of the information provided.
- We will not be liable for any damages arising from your use of, or inability to use, the information provided, or for any errors or omissions in the information or not being successful in receiving the grant. By using the information provided, you assume all risks associated with such use.
Paperpal and Paperpal Prime Services
- Paperpal offers free services and Paperpal Prime offers paid subscription plans on a monthly, quarterly, or annual basis. It may be offered standalone or bundled with other offerings.
- The service inclusions for each of these subscriptions may vary in each country. We have the right to modify the services included under Paperpal or Paperpal Prime at any time.
- The subscription for Paperpal Prime will be valid and Clients choosing these subscriptions will be billed either monthly, quarterly, or annually, depending on their chosen subscription.
- The subscription duration is fixed unless indicated differently at the time of allotment.
- Benefits included in this subscription can only be used while the subscription is active.
- Cancellation and Refunds:
- Clients can cancel their subscriptions at any point in time.
- If cancellation is done within thirty (30) days of purchase for annual subscription, and seven (7) days of purchase for monthly or quarterly subscription, Clients will be eligible for a refund. After the mentioned period, no refunds will be granted, and the subscription will continue until its expiry.
- Refunds, if applicable, will be credited through the same payment method used for the original transaction. The Client will have to return the original tax invoice, for the refund to be processed, wherever required.
- To cancel your subscription, please visit the Membership & Billing page in your account on the Site. You can reach out to hello@paperpal.com in case you need any assistance.
- Any unused benefits on the date the subscription expiry will not be carried forward.
- Certain benefits like live events, etc., may be available for a limited period only during the subscription period.
- AI Technologies:
- Our services utilize machine learning models, generative AI, and third-party services ("AI Technologies"). We reserve the right to determine which AI Technologies will contribute to the services overall or to specific features at our discretion.
- You maintain full ownership of any content generated through your use of the AI Technologies including text, images, graphs, and any other data ("Output"). Subject to your compliance with this ToU, we transfer all our rights in the Output to you.
- You are responsible for your data, and must refrain from using AI Technologies in any manner that infringes/violates our rights or the rights of any third party.
- It is important to recognize that due to the nature of AI technologies, the results they produce may not be exclusive or unique, and we may generate identical or similar outcomes for other users.
- You consent to accurately represent any outcomes generated by AI and to abide by this ToU.
Paperpal Preflight
- Paperpal Preflight provides service in a standalone offering for a fixed one-time fee per instance/document.
- The service inclusions may vary in each country.
- The fee paid is non-refundable.
- We have the right to modify the services included under Paperpal Preflight at any time.
Fees and Invoicing for Researcher.Life, Paperpal, Paperpal Preflight, R Discovery, and Upskill
- All the payments shall be due in advance.
- Upon receipt of the payment, you will be provided access to the product/service, and we will issue you a valid invoice/receipt. You agree to pay all such fees at the rates plus applicable taxes. The fees will be in the currency as determined on the website for each service. We reserve the right to change the amount of, or basis for determining, any fees, and to institute new fees.
- If you submit a credit, debit, or payment account number, or other payment information upon registration, at the time of purchase, or otherwise, you authorize us and our third-party service providers to retain such information and to charge all fees to such payment method.
- The card information provided by you during sign-up will be securely stored on the payment gateway and used to automatically charge the selected payment method at the start of each billing cycle.
- All fees, unless otherwise indicated, are non-refundable.
- Payment shall be made: (a) in full without set-off, counterclaim or withholding of any kind (save where and to the extent that this cannot by law be excluded); (b) in the currency mentioned in the order confirmation (quotation); and (c) any foreign exchange conversion charges or any other charged levied by your bank or payment gateway are to be borne by the customer.
- You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.
- If you fail to pay the fees or any other amounts due, whether by cancelling your credit or debit card, initiating an improper chargeback, or any other means, we reserve the right to suspend or terminate your account and any services in progress. The work will be commenced only after the receipt of the advance payment.
- You agree to bear any kind of tax liability that you may incur in your country of residence for procuring our services, and we undertake no responsibility for any such tax liabilities that may arise when you use our services.
- Billing Dispute: If you have any disputes with regards to billing, such disputes shall be governed by the provisions of this clause: You agree to pay all valid invoices, except for any amount under a valid billing dispute. You must pay the undisputed amount as per the "Fees and Invoicing" clause.
- To raise a valid billing dispute, you must (i) send a good faith request with specific evidence of the incorrect charge to support@researcher.life and (ii) submit the request within three (03) days from the invoice date.
- On receiving your dispute request, we will conduct investigations which are reasonably necessary and appropriate to substantiate the matter. At the end of these investigations, you will pay the outstanding amount, if any, and we reserve the right to charge an interest at the rate of 12% per annum from the date of which the amount would have been due to the date of actual payment if the dispute is proven to be deliberate.
Editage Ambassador Program
As an Editage Ambassador, you understand and agree to the following:
- You are 18 years of age or older. You are not an employee, agent, franchisee, or partner of Cactus Communications Group (“CACTUS”).You cannot act on behalf of CACTUS. You do not have any authority to incur debt, obligation, or liability on behalf of CACTUS.
- You are required to promote and market the Editage Ambassador Program, Services and Products (“Offerings”) within your offline and online research community via social networks or emails or webinars/workshops or live events.
- You are willing to share Editage Ambassador messages on your social media channels.
- You will receive information about new products and services and model them for promotions for your research community.
- You will actively share content using brand hashtags provided CACTUS.
- You understand that you will not receive monetary compensation or gift cards for the Editage Ambassador Program. However, CACTUS may provide additional reward/awards/free services to top-performing Editage Ambassadors at its sole discretion.
- CACTUS may give you an exclusive promotional code to use CACTUS’ services across your websites including but not limited to www.editage.com and/or any of its subdomains. You agree that you cannot share this code with anyone unless you have gained explicit consent from CACTUS.
- You agree as an Editage Ambassador that you cannot promote CACTUS Offerings on unauthorized/unethical websites on the internet or in any other similar establishments.
- You agree that you will protect the Company’s trademark by not reproducing CACTUS’s name/trademark or any CACTUS materials for use in advertising without the written approval of CACTUS.
- You agree that you will promote the Editage Ambassador Program on social media accounts by posting appropriate photos of marketing events showcasing CACTUS Services. You agree to contact CACTUS if a clear understanding of “appropriate” photos is needed. You understand and agree that you may not receive any financial or other compensation for product promotion through your social media network.
- You agree and acknowledge that Editage Ambassadors need to conduct themselves in a manner that reflects the highest standard of integrity and responsibility in keeping with the reputation of CACTUS. If you do not uphold these standards, CACTUS has the sole right to remove you from the Editage Ambassador Program and forfeit any unused gift cards and all promotional codes effective immediately.
- If you choose to leave the Editage Ambassador Program, you must use/activate/book any unused services or memberships within 7 days of leaving the program. The services once availed shall be available for use over thirty (30) days.
- The Editage Ambassador agrees to indemnify and hold harmless CACTUS and CACTUS’s founders, directors, affiliates, employees, agents, contractors and or any other personnel from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which the Editage Ambassador may be subject to be rendered, except those claims that are judicially determined to have resulted from CACTUS’s gross negligence or wilful misconduct.
- You agree that CACTUS reserves the right to cancel the Editage Ambassador Program at any time.
- You hereby agree that Editage Ambassadors cannot be an ambassador, promoter, and/or influencer of any of CACTUS’s competitor Services. You are required to confirm that you are not an employee of any of CACTUS’s competitors.
- CACTUS can compensate the Ambassador with a gift card for their social media posts on their website, marketing emails or advertisements.
- CACTUS reserves the right to cancel the program at any time. If CACTUS terminates the program, Editage Ambassadors will be notified with a written notice prior to the termination date.
- CACTUS retains the rights to repost and reuse any posts the Ambassadors tag us in even if the Editage Ambassador exits the program.
- Either party can terminate the agreement immediately for cause or without reason upon written notice.
Intellectual Property
- All trademarks, logos, and service marks displayed on this Site are the sole and exclusive property of CACTUS. Use of these trademarks without our explicit permission is strictly prohibited. The Content on this Site is protected by all applicable intellectual property laws and is our sole and exclusive property. You may not modify, copy, reproduce, redistribute, republish, upload, post, or distribute any Content on this Site, including any code or software, in any way without prior written consent from us. Nothing contained in this Site shall be construed as conferring any license or right to any copyright, trademark, logo, service mark, or other proprietary interest of ours or any third party. You may use or download the Content for your limited personal, non-commercial purposes according to the applicable law however, you hereby agree not to modify the Content so downloaded, in any way whatsoever and that you shall not alter any copyright, trademark, and other proprietary notices or symbols attached/affixed to such Content.
Customer Warranties
- You are responsible for obtaining and maintaining at your own expense all equipment, hardware, software, and telephone, cable, mobile, wireless, Internet, and other services necessary to access, visit, and/or use the service. If you are accessing the service via a mobile device, your mobile carrier may charge you fees for data, text messaging, and other mobile access or communications services. There may be multiple payment gateways mentioned on our Site through which you can make payment for the services. However, we are not liable for any damage that you may suffer on account of an error or default on the part of any payment gateway/s listed on our Site.
- You confirm that you either own the copyrights of the Source Files/materials or have the necessary authority to provide them to us for our services. You authorize us to use these Source Files for the services you request.
- You agree to indemnify, defend, and hold us harmless in case any third-party claims of infringement of copyright in the Source Files provided to us by you or any other third-party claims resulting out of breach of these ToU by you.
- You hereby agree that access to certain areas of this Site may be available only to registered clients. To become a registered client, you may be required to provide us with certain information. You hereby represent and warrant that all information supplied to the Site is true, complete, and accurate.
- In cases where the copyrights are not owned by you or you do not have the necessary rights to authorize us to use the source material, you undertake to obtain necessary permissions on behalf of us and to authorize us to make use of such source material.
Use of the Site
- You hereby agree not to use contact information provided on the Site for any unauthorized purposes. You shall not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data, personal information, or Content on the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any manner whatsoever. We hereby reserve the right, in our sole discretion, to limit or terminate your access to or use of the Site at any time without notice to you.
- You agree and undertake that when using the Site, you will not:
- upload/post Source Files that infringes any proprietary/intellectual property rights of another person or post information that belongs to another person and to which you do not have any rights to;
- Upload/post Source Files or engage in any activities that could harm, disrupt, or interfere with the functioning of the website or its associated services. This includes, but is not limited to transmitting viruses, trojan horses, worms, keystroke loggers, spyware, adware or corrupted files, or any other computer code, files or programs designed to interrupt, destroy, harm, or limit the functionality of the Site or another user’s computer, computer system/network/database or user’s data or software; attempting to gain unauthorized access, or engaging in any unauthorized, unlawful, or malicious activities;
- download any file posted by another client that you know, or reasonably should know, cannot be legally distributed in such a manner;
- post any information that deceives or misleads the addressee about the origin of such messages or impersonates another person or communicates any information that is grossly offensive or menacing in nature;
- violate any applicable laws or regulations for the time being in force;
- make the Site available over a network where it could be used by multiple devices or multiple clients at the same time;
- host, display, modify, transmit, update, publish, post, upload, distribute, disseminate, or share (collectively “Post”) any information that is knowingly false and/or defamatory, grossly harmful, harassing, blasphemous, inaccurate, abusive, obscene, pornographic, pedophilic, libelous, indecent, vulgar, sexually-oriented, hateful or racially, ethnically objectionable, threatening, profane, lewd, seditious, invasive of a person's privacy, disparaging, relating or encouraging money laundering or gambling, illegal, harmful, derogatory, or unlawful or violates any law in force or adversely affects our reputation or goodwill, or otherwise unlawful in any manner;
- post information that harms minors;
- stalk, or otherwise violate the legal rights of other users;
- conduct or forward surveys, contests, pyramid schemes, or chain letters on the Site; or
- post information that threatens the unity, integrity, defense, security, sovereignty, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offense or is insulting any other nation; transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other similar form of solicitation (spam) or any material that you are not authorized to use, disclose, distribute, or share;
- You hereby agree that access to certain areas of this Site may be available only to registered users. To become a registered user, you may be required to answer certain questions and provide some personal information. Answers to such questions may be mandatory and/or optional. You hereby represent and warrant that all information supplied to the Site is true, complete, and accurate.
- You guarantee, warrant, and certify that you are the owner of the content that you Post on the Site (“User Content”) or are otherwise authorized to use the User Content and that the User Content does not infringe upon the property rights, intellectual property rights, or any other rights of any other person. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any User Content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the User Content.
- Any usage of the unique ID and password created and provided to you shall be solely for your personal use. You shall not share this with anyone, and you would be responsible for any unauthorized access or usage of the same.
Termination or Suspension
- We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict the service, your account/profile, your ability to access, visit and/or use the service or any portion thereof (including any Product or Content), including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice. In the event of any termination or discontinuation of your account/profile, your ability to access, visit and/or use the service or any portion thereof (including any Product or Content), we reserve the right, in addition to our other remedies, to reassign, and/or allow another user to use, your account/profile credentials, including without limitation any password and/or user ID.
- Even if the service, your ability to access, visit and/or use the service or any portion thereof (including any Product or Content), is terminated, discontinued, suspended or restricted, by you or by us, we have no obligation to (but we may in our discretion) remove any Content, and therefore copies of all information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the service, may be retained and/or remain viewable by us, third party service providers and/or other third parties, including other users. Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent, or otherwise made available on or through the service.
Regulatory Powers
You hereby acknowledge and agree that we reserve the right to:
- limit, deny, or restrict the use or access to the Site in entirety or certain portions of the Site to specific clients, including yourself, at our sole discretion;
- reject a client from registering on the Site without assigning any reason thereof;
- suspend/cancel/deactivate any client’s account/registration for any reason that we shall deem fit;
- delete, edit, or move any Content posted on the Site for any reason whatsoever;
- use your name, logo, or any other trademark for marketing and promotional activities if you have availed any service(s) from our Site. Such usage shall be in a manner that does not derogate your rights in your trademarks, names, and logos by us; and
- use your Source Files uploaded on this platform to analyze, enhance, or develop and build services, tools, and systems for customer’s benefits.
Confidentiality
- We shall maintain complete confidentiality of Source Files. All our vendors are contractually obliged to maintain strict confidentiality of client data. Access to the client data is limited to the person who is in charge or required to work on the document. We also assure compliance with applicable laws concerning the protection of personal information and promise to manage Customer's personal information with great care. The information collected from the users by us shall be held and maintained in accordance with our 'Privacy Policy'.
Breach of ToU
- When a breach of these ToU has occurred, we may take all or any of the following actions or any such action as it deems appropriate, including but not limited to the following:
- Immediate, temporary, or permanent withdrawal of your right to use the Site.
- Issuance of a warning to you.
- Initiation of legal proceedings against you for reimbursement of all resulting costs and expenses suffered by us on an indemnity basis (including but not limited to reasonable administrative and legal costs); and
- Disclosure of such information to law enforcement authorities is reasonably necessary.
- We hereby expressly disclaim all liability for any and all actions taken by us in response to a breach of the ToU committed by you.
Changes to the Site and These Terms of Use
- We may alter or modify the features of the Site with respect to different user(s) or change any of the features or introduce new features on the Site without prior notice to any user. We reserve the right, at our sole discretion, to change, modify, add, or remove any portion of these ToU, in whole or in part, at any time, temporarily or permanently, without notice and without liability, by posting revised terms on the Site. You hereby agree that it is your responsibility to check periodically for any changes made to these ToU. Your continued use of the Site after any changes to these ToU signifies your acceptance of the updated ToU.
Age Restrictions
- Our Site is not intended for use by individuals/persons under the age of eighteen (18) years and you must not use our Site or attempt to use any of our services if you are under the age of 18.
- We do not knowingly or intentionally process the personal information of any individual under the age of 18.
Indemnity
- You hereby agree to indemnify, defend, and hold harmless us and our affiliates and their directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable legal fees and court costs, arising or resulting from your use of the Site and any violation of these ToU. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable legal fees and court costs, arising or resulting from that disruption.
- Unless otherwise explicitly agreed in writing, we neither warrant nor make any representations regarding the quality, accuracy, or completeness of any Content on the Site. In no event shall we or any of our employees, directors, shareholders, or representatives be liable for any direct, indirect, punitive, incidental, special, consequential damages, or for any lost profits or revenues, business interruption, loss of data, or any other damages resulting from: (a) the use or the inability to use the Site or reliance on any Content contained in this Site; (b) unauthorized access to or alteration of the user's transmissions or data; (c) damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site; (d) any delay or inability to use the Site or related services provided on the Site; (e) non-availability of the Site during periodic maintenance operations or any unplanned suspension of access to the Site that may occur due to technical reasons or for any reason beyond our control; (f) any interruption or delay in provisions of any services or access to this Site, due to any force majeure event beyond our reasonable control, including but not limited to acts of God, flood, fire, blockades, riots, embargoes, government actions, regulatory sanctions, power outages, unavailability or non-functioning of payment gateway services, disruption of communication services in any country or area, etc. (g) any other matter relating to the Site or the services available on the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability, or otherwise.
Disclaimers and Limitation of Liability
- While we will use reasonable efforts to provide reliable Content through this Site, we do not warrant that this Site is free of inaccuracies, errors, and/or omissions, nor does we endorse by any means the content created by the Site’s users This Site may contain certain historical information, which is provided for your reference only. We reserve the right to modify the Content presented on this Site at any time, without notice to you.
- The Site may contain links to other websites ("Embedded Sites"). The Embedded Sites are beyond our control, and we bear no responsibility for their content or activities, including any links within them or any modifications or updates they undergo. We are not responsible for any form of transmission whatsoever, received by you from any Embedded Site. These links are provided for your convenience and do not suggest any endorsement or affiliation on our part.
- You acknowledge that internet transmissions are never completely private or secure. You understand that any message or information sent/posted by you on the Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in a coded form). We do not bear any responsibility on account of your sending a message to us.
- For the avoidance of doubt, it is clarified that except as otherwise expressly provided in these ToU, we make no representations, guarantees, or warranties, written or oral, express, or implied, to the client or to any other person or entity regarding the services, the Content on the Site, any hardware, or software.
- Without limiting our express warranties and obligations under these terms, we hereby disclaim any and all other warranties, express or implied, including but not limited to warranties of merchantability, title, non-infringement, and fitness for a particular purpose and warranties related to third-party equipment, material, services, or software. Except for the express warranties set forth in this section, our services are provided “as is” to the fullest extent permitted by law. To the extent this disclaimer conflicts with applicable law, the scope and duration of any applicable warranty will be the minimum permitted under that law.
- To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your usage of or inability to access or use the services; (b) any action or conduct of any party, including any defamatory, offensive, or illegal conduct; or (c) unauthorized access, use, or modification of your content or information. In no event shall our aggregate liability for all claims related to the services exceed the total amount of fees paid or payable by you for a particular service under dispute.
- You acknowledge and agree that the disclaimers and the limitations of liability set forth in these terms of use establish a reasonable and fair allocation of risk between us. These limitations are a fundamental foundation for our capacity to provide the services to you in an economically feasible manner.
Grievance Redressal
Should you have any grievance or complaints in relation to your use of the Site, contact us at privacy@cactusglobal.com and we will respond to your grievance within fourteen (14) days.
Governing Law/Dispute Resolution & Severability
- If any dispute arises between you and us in connection with your usage of our Site or any of our services, the parties shall attempt to resolve it amicably, failing which will be referred to arbitration.
- The place of arbitration shall be Singapore. The arbitration proceedings shall be in English language.
- These ToU are governed by and shall be construed in accordance with the laws of Singapore and shall be subject to the exclusive jurisdiction of the courts in Singapore.
- If any provision of these ToU is held by a court to be illegal, invalid, or unenforceable, such provision shall, as to such jurisdiction only, be deemed severable and ineffective to the extent of such invalidity or unenforceability and the remaining provisions shall remain in full force and effect.
Assignment
- You may not transfer, either temporarily or permanently, any rights to use the Services or any part of the Services to another party. Any such attempt by you is considered void. We reserve the right to assign, transfer, delegate and/or grant all or any part of our rights, privileges, and properties hereunder to any person or entity.
Force Majeure
- Neither Party will be held liable for any interruption or delay in accessing the Site or provision of services due to Force Majeure Event. For the purposes of this clause, 'Force Majeure Event' means any event or circumstances which is reasonably beyond the control of the affected party, and which results in default or delay in performance by such affected party of any of its obligations under this ToU and includes an act of God, war, hostilities, civil disturbances, epidemics, lockdowns, strikes, lockouts, and other industrial disputes.
Non-Waiver
- Any express waiver or failure to exercise promptly any right under this ToU will not create a continuing waiver or any expectation of non-enforcement.
Entire Agreement
- These ToU constitute the entire understanding between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.