Terms of Service

By accepting an invitation to use EBAMetrix, or by continuing to access or use the platform, you (“User”) agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy, which is incorporated into these Terms by reference.

If you are accepting on behalf of an organisation (such as a publishing house or academic institution), you represent and warrant that you have authority to bind that organisation to these Terms. In that case, “you” refers to that organisation.

If you do not agree to these Terms, you must not use the platform.

EBAMetrix is a software-as-a-service (SaaS) platform developed and operated by Escienta Ltd that enables academic publishers to generate, manage, and track Evidence-Based Acquisition (EBA) offers for ebooks and journals. The platform provides:

• Automated EBA offer generation using configurable scoring methodologies
• Ebook and journal catalogue management
• Publisher account and team management
• University and country intelligence scoring
• Offer lifecycle tracking from draft to closed deal

3.1 Invitation only. Access to EBAMetrix is by invitation only. There is no self-registration. Accounts are created when an authorised administrator sends an invitation to a named user.

3.2 Account security. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You must choose a password of at least 8 characters and not share it with others.

3.3 Unauthorised access. You must notify us immediately of any suspected unauthorised use of your account at biplob@escienta.com.

3.4 Accurate information. You must provide accurate and complete information when your account is set up, and keep that information current.

3.5 Publisher Admin responsibilities. Publisher Admins are responsible for managing their team members' access, ensuring compliance with these Terms, and for all activity under accounts they have created.

You agree not to use the EBAMetrix platform to:

• Violate any applicable law or regulation
• Infringe any intellectual property or other third-party rights
• Upload or transmit any malicious code, viruses, or harmful content
• Attempt to gain unauthorised access to any part of the platform, its servers, or connected systems
• Reverse engineer, decompile, or attempt to extract the source code of the platform
• Use automated tools to scrape, crawl, or harvest data from the platform without our written consent
• Impersonate any person or organisation
• Engage in any activity that disrupts or places an unreasonable load on the platform infrastructure

We reserve the right to suspend or terminate access immediately where these restrictions are breached.

5.1 Catalogue accuracy. Publisher Admins are responsible for the accuracy, completeness, and legality of catalogue data (ebooks, journals, pricing, ISBNs, ISSNs) uploaded to the platform.

5.2 Authorised users. Publisher Admins must ensure that invited users are employees or authorised representatives of the publisher organisation and have appropriate authority to use the platform.

5.3 Email domains. Email domain allowlists configured on the platform must accurately reflect your organisation's authorised domains. You must update domain lists promptly when they change.

5.4 Third-party data. Where you upload data relating to universities, libraries, or other third parties (contact details, spend history), you represent that you have the right to use and process that data under applicable data protection law.

6.1 Platform IP. The EBAMetrix platform — including its software, design, user interface, scoring methodology, and documentation — is the exclusive intellectual property of Escienta Ltd. All rights are reserved. Nothing in these Terms grants you any right to the platform IP beyond the limited right to use the service as described herein.

6.2 Your data. Your publisher data — catalogue content, offer data, usage records, and other data you upload — remains your intellectual property. You grant Escienta Ltd a limited, non-exclusive licence to process that data solely for the purpose of providing the service.

6.3 Feedback. If you provide feedback or suggestions about the platform, you grant Escienta Ltd the right to use that feedback without restriction or compensation.

7.1 Access to EBAMetrix is subject to a subscription agreement between your publisher organisation and Escienta Ltd, the terms of which are managed by your platform administrator.

7.2 Escienta Ltd reserves the right to suspend or terminate access upon non-payment, expiry of a subscription period, or material breach of these Terms.

7.3 Subscription pricing, billing frequency, and payment terms are as agreed between Escienta Ltd and the publisher organisation. These Terms do not override any separately agreed commercial terms.

8.1 We aim to maintain reasonable availability of the platform but do not guarantee uninterrupted or error-free access. The platform is provided "as is" without warranty of any kind beyond what is required by law.

8.2 We may carry out scheduled maintenance and will provide reasonable notice where practicable.

8.3 We reserve the right to modify, update, or discontinue any feature or part of the service, with reasonable notice to users where the change is material.

9.1 To the maximum extent permitted by applicable law, Escienta Ltd's total aggregate liability to you in connection with the platform and these Terms (whether in contract, tort including negligence, or otherwise) shall not exceed the total fees paid by your publisher organisation to Escienta Ltd in the 12 months immediately preceding the event giving rise to the claim.

9.2 In no event shall Escienta Ltd be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, or loss of business opportunity, even if advised of the possibility of such damages.

9.3 Nothing in these Terms limits or excludes liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited under applicable law.

You agree to indemnify and hold harmless Escienta Ltd and its officers, directors, and employees from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of: (a) your breach of these Terms; (b) your use of the platform in violation of applicable law; or (c) any data you upload to the platform that infringes third-party rights.

11.1 Escienta Ltd may suspend or terminate your access to the platform immediately and without liability where: these Terms are materially breached; your publisher's subscription lapses or is terminated; or where required for legal or regulatory compliance.

11.2 You may request deletion of your account at any time by contacting biplob@escienta.com.

11.3 On termination or account deletion, your personal account data will be retained for 30 days and then deleted, except where we are required to retain it by law (for example, consent records are retained for 7 years). Publisher catalogue and offer data may be retained in accordance with your publisher organisation's subscription agreement.

The collection and use of personal data in connection with the platform is governed by our Privacy Policy, which forms part of these Terms. By using the platform, you acknowledge that you have read and understood the Privacy Policy.

We will notify registered users by email of any material changes to these Terms at least 14 days before the changes take effect, unless a shorter notice period is required by law. The effective date and version number at the top of this page will be updated. Your continued use of the platform after the new effective date constitutes acceptance of the revised Terms.

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.

15.1 Entire agreement. These Terms (together with the Privacy Policy and any separately agreed commercial terms) constitute the entire agreement between you and Escienta Ltd relating to the platform.

15.2 Severability. If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.

15.3 Waiver. Failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce it in the future.

15.4 Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. Escienta Ltd may assign its rights in connection with a merger, acquisition, or sale of all or substantially all of its assets.