Terms of Service

Last updated: Aug 5, 2024

• this website, including its subdomains and any other website through which TrendMD makes its Service available;
• the Application Program Interfaces (API);
• the Service;
• any applications, sample and content files, source code, scripts, instruction sets, or software included as part of the Service, as well as any related documentation;

Description of Services

• We collect, analyze, and store your content:
  • Our Software uses automated tools called "robots" or "crawlers" to fetch your files for recommendations. Your website must be structured to allow this, either by being "crawled" or through an API. The crawlers need to discover and fetch the URLs of your designated articles.
  • Our Software crawls publicly available content from your registered websites.
  • If given access, our Software indexes non-publicly available content via an API you provide.
  • We download publicly and/or non-publicly available content (e.g., abstracts, full articles).
  • We store publicly available content in a private database.
  • Our Software uses automated tools called "parsers" to identify bibliographic data and references between papers. Incorrect identification can lead to poor indexing, such as documents not being included, incorrect author names or titles, and lower search rankings. To avoid these issues, bibliographic data and references should be provided in a way that the parsers can process.
  • We use this data to improve future recommendations on your registered websites.
• Insertion of Recirculation Content: You will use our Software and Services to display links to your Content ("Recirculation Content") on your registered websites. Although TrendMD and its Software aim to provide relevant Recirculation Content, TrendMD does not guarantee the relevance or appropriateness of any Recirculation Content.
• Insertion of Third-Party Promoted Content and Exchange Content: You will use our Software and Services to display links to third-party, published, peer-reviewed, and/or scholarly content ("Third-Party Promoted Content") on your registered websites. Using the dashboard, you can block a certain number of Third-Party Promoted Content sources, or more if negotiated and approved in writing by TrendMD.
• You will earn 0.5 "traffic credits" for each click on Third-Party Promoted Content. These credits accumulate in your Dashboard. One "traffic credit" equals one visitor back to your registered websites through links to your content on third-party sites in the TrendMD Network ("Exchange Content"). You will spend one traffic credit for each click on your Exchange Content. TrendMD will distribute your Exchange Content until your credit balance is 0 credits.
• TrendMD does not guarantee the relevance of the websites displaying your Exchange Content or the Third-Party Promoted Content. This service is provided to you at no charge.
  • Revenue share: If your registered website has less than 1 million visitors per month, you must use the Exchange Content service. If your registered website has more than 1 million visitors per month, you will earn a revenue share from clicks on Third-Party Promoted Content. The revenue share ("Revenue Share") will be up to 50% of the net revenues TrendMD actually receives from such traffic, based on a cost-per-click determined solely by TrendMD. Revenue Share payments will be made according to the relevant "Revenue Share" section below.
  • If you are earning revenue share from clicks on the Third-Party Promoted Content service, you can terminate the current agreement and remove the TrendMD widget from your website, with or without cause, by delivering a 90-day Notice of Termination. Termination will be effective on the 90th day after TrendMD actually receives the notice. If you uninstall the TrendMD widget from your website within 90 days after filing a Notice of Termination, you will be required to pay for any financial losses caused to TrendMD as a result. TrendMD will determine the actual losses based on its historical website traffic figures.
• Insertion of your Promoted Content: You may choose to use our Software and Services to display links to your Content on other users' websites in the TrendMD Network ("Promoted Content") for a fee negotiated with TrendMD at the time of purchasing traffic credits. You will spend one traffic credit for each click on your Promoted Content. TrendMD will continue to distribute your Promoted Content until either (i) your credit balance reaches 0 credits, or (ii) you disable Promoted Content through the Dashboard. TrendMD does not guarantee the relevance of the websites where your Promoted Content may be displayed.

Account registration

Termination of Service

Acceptable use

• Conduct restrictions:
  • pretending to fulfill any possible condition or requirements for accessing TrendMD and/or using the Services, such as, for instance, being an adult according to law or qualifying as a Consumer;
  • concealing their identity or stealing someone else's identity, or pretending to be or represent a third-party, if not allowed to do so by such third party;
  • manipulating identifiers to disguise or otherwise conceal the origin of their messages or of the content posted;
  • defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;
  • promoting activity that may endanger the User’s life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behavior on TrendMD;
  • probing, scanning, or testing the vulnerability of TrendMD, including the services or any network connected to the website, nor breaching the security or authentication measures on TrendMD, including the services or any network connected to TrendMD;
  • installing, embedding, uploading, or otherwise incorporating any malware into or via TrendMD;
  • using TrendMD or the technical infrastructure in an abusive, excessive, or otherwise inappropriate way (for example: for spamming purposes);
  • attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on TrendMD or the Service;
  • offering Products via TrendMD that cannot legally be sold or that are currently not available for sale (e.g. not in stock);
  • manipulating the price of Products offered or failing to deliver Products sold;
  • instigating other Users to complete a transaction started on TrendMD outside of TrendMD in order to save any applicable service fees;
• Excessive use of the Service: Using a resource of TrendMD excessively in relation to other Users of TrendMD – in such cases, TrendMD, at its sole discretion, additionally reserves the right to suspend the User’s account or limit the related activity until the User reduces the excessive consumption;
• Excessive use of the API: Sending abusive or excessively frequent requests to the Service via the API. TrendMD will determine what constitutes abuse or excessive usage of the API and additionally reserves the right to temporarily or permanently suspend access to the API by the User. In such cases, TrendMD will make a reasonable attempt to alert the User prior to suspension;
• Commercial use restrictions:
  • indicating or trying to imply in any manner, that a User stands in a qualified relationship with TrendMD or that TrendMD has endorsed the User, the User’s products or services, or any third party's products and services for any purpose;
  • except as provided in this TOS, you agree that you will not use the Software, the Site, or the Service for any commercial purpose or the benefit of any third party, charge any person, or receive any compensation for the use of the Software, the Site, or Service;

Software license

• License grant: Subject to the terms of this ToU and any corresponding publisher or services agreement, TrendMD grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to:
  • Download, install, and use the Service and any application program interface or other software code provided by TrendMD ("Software") to develop, reproduce, and distribute promotional capabilities that work with the Site or any other TrendMD-owned web property.
  • Use any TrendMD end-user documentation, solely when bundled with the Service.
  • Use any upgrades, updates, and new versions of the Software and related Services as described below.

2. Third-party software and services: The Software may include technology, software, and services owned and controlled by third parties. Your use of such third-party software or services is subject to the terms and conditions of the applicable third-party license agreements (including terms of use and terms of service posted on third-party websites). You agree to address any issues or rights enforcement directly with the applicable third party and not TrendMD.

3. Proprietary rights: As between you and TrendMD, the Service, the Software, all data and information generated by them, and all intellectual property rights related to the Software, are and shall always remain the sole and exclusive property of TrendMD. They are protected by applicable intellectual property laws and treaties. All data and information related to the Site or collected via the Service on any website shall be the sole property of TrendMD. You acknowledge that you do not acquire any ownership rights in or to the Service or such data; however, you can use the data for internal purposes.
4. End-user licensing: For each of your websites and/or software products that use the rights granted herein, you agree to include terms in the website's terms and conditions to ensure that the Service, the Software, and any data and other information generated by them are protected at least as well as (i) your own proprietary software applications and (ii) as protected by these TOS. Additionally, the privacy policy of the applicable website and/or software products should explain that the data and other information generated by the Software and Services are routed to a third party who owns such data without including any personally identifiable information. You agree to include country-specific provisions in the terms and conditions for use outside the United States as needed to comply with the foregoing and to enforce these terms and conditions for the Service, the Software, and any such data contained in the license.

Links

• Links from the Site and Services: The Site may contain, and Services may generate, links to websites operated by other parties, including Promotional Content, Exchange Content, and other user Content. Using these websites is at your own risk. TrendMD does not control these linked websites and is not responsible for their content. These links do not imply TrendMD's endorsement of the information or material on any other website, and TrendMD disclaims all liability regarding your access to and use of such linked websites.
• Links to the Site: Unless otherwise set forth in a written agreement between you and TrendMD, you must adhere to TrendMD's linking policy as follows:
  • The appearance, position, and other aspects of the link may not damage or dilute the goodwill associated with TrendMD's and/or its licensors' names and trademarks.
  • The appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with TrendMD.
  • When selected by a user, the link must display the Site on full screen and not within a "frame" on the linking site.
  • TrendMD reserves the right to revoke its consent to the link at any time and at its sole discretion.

Privacy and Cookie Policy

Intellectual property rights

How to file a takedown notice (called a “DMCA Notice”)

• A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Owner to locate the material;
• Information reasonably sufficient to permit TrendMD to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;
• A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Location

Submitted content

Reporting and terms of payment

Weekly subscription for traffic

Methods of payment

Liability and indemnification

Indemnification

Limitation of liability

• damages or losses resulting from interruptions or malfunctions of TrendMD due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and/or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber-attacks, interruptions in the delivery of products, third-party services or applications;
• any losses that are not the direct consequence of a breach of the Terms by TrendMD ;
• any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
• any damage, prejudice, or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via TrendMD. Users are responsible for implementing sufficient security measures – such as anti-viruses and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to TrendMD.

US Users

• Which users access the Service
• The effects of the Service on you, your website, or your equipment
• The accuracy or interpretation of the Service, including any loss of reputation or traffic
• Your actions as a result of using the Service.

Limitations of liability

• any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of TrendMD’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by User to TrendMD hereunder in the preceding 12 months, or the period of duration of this agreement between TrendMD and User, whichever is shorter.

Indemnification

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from User’s account, including third-party access with User’s unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s wilful misconduct; or
• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.

Common provisions

Service interruption

Service reselling

Changes to these Terms

The continued use of the Service will signify the User’s acceptance of the revised Terms.

Assignment of contract

Contacts

Severability

US Users

EU Users

Governing law