(1) The BookScout.ai system is owned by Literacka Sp. z o.o. with its registered office in Olsztyn (10-686), ul. Biskupa Tomasza Wilczyńskiego 25E/21, Poland, NIP 7393887965 and was created as a result of industrial research and development work developed as part of the project “Publishing assistant – content analysis software using artificial intelligence algorithms to automate the publishing process and predict the market success of publications” project No. POIR.01.01.01-00-1213/19 implemented by Literacka SP. z o.o. supported by the European Union from the European Funds under the Smart Growth Programme. The project was carried out as part of the National Center for Research and Development competition: Fast Track

(2) The BookScout.ai system offers an online service for automating the publishing process, in particular in the area of ​​receipt, administration and analysis of manuscripts. The offer is directed at commercial clients and individuals.

(3) These terms and conditions apply only if no separate agreement governing the use of the service by the client has been concluded.

1. Subject of the agreement.

Unless otherwise agreed in individual cases, the parties preliminarily enter into a basic agreement for the provision of digital, IT-assisted services for manuscript submission, management, and analysis.

2.

The Fiona© software (hereinafter referred to as the BookScout.ai software) is installed in the BookScout.ai system.

(1) BookScout.ai services are based on information technology.

(2) The publisher has access to the system and software only during the term of the agreement and exclusively through online login. No further usage rights are granted.

(3) Passwords provided by the BookScout.ai system must be treated as confidential and protected against unauthorized access. Sharing them with third parties is prohibited. If a password is lost or if it turns out that access to it has been abused, Literacka Sp. z o.o., the owner of the Bookscout.ai system, must be informed immediately.

3. Subdomain

(1) The publisher receives an individual account in the system. The information displayed in the system is updated by the publisher or BookScout.ai according to the publisher’s specifications.

(2) The subdomain is used to inform authors about the possibility of submitting manuscripts to the publisher via BookScout.ai.

(3) The publisher must clarify that the BookScout.ai software is not a publisher’s offer.

4. Publisher’s Program Analysis

(1) The BookScout.ai system does not receive any copyright for the use of the works in question, except for the permission for analysis. The BookScout.ai system owner may use the metadata and text fragments to optimize the software.

5. Book Projects

(1) Publishers may access reports for selected works in the BookScout.ai system to the extent permitted by their active plan. The system only provides information. The selection of the author and work is solely the decision and responsibility of the publisher.

(2) A publisher who commissions the analysis of a work to the Bookscout.ai system, by entering the work into the system or transferring its content to the system owner in another way, simultaneously confirms that he or she has the right to dispose of the text in this respect. In particular, the author must allow BookScout.ai to use metadata and text excerpts specified in an anonymized form for software optimization and the creation of computational models.

(3) The BookScout.ai system is not involved in contracts between publishers and authors. It does not guarantee their fulfillment.

6. Payment Terms

(1) For the services covered by the basic contract, the publisher pays the BookScout.ai system owner the amount in accordance with the price list.

(2) Prices do not include VAT.

(3) Invoicing and payment for services are made in advance monthly or for a one-year period. Charges for individual orders and other expenses are billed monthly and payable within two weeks of invoice issuance.

7. Duration / Termination

(1) Unless otherwise agreed, agreements are valid for one year from the date of signing, with a four-week notice period.

(2) If an individual order has not yet been completed at the expiry of the agreement, it can be continued by further payment.

(3) Termination requires a written form.

8. Technical Limitations

(1) BookScout.ai guarantees service availability of 90% on average per month.

(2) BookScout.ai is not liable for intentional attacks by third parties, such as hackers, computer viruses, DoS attacks, or other malicious activities that may affect the servers or the service on the internet.

(3) BookScout.ai is not responsible for outages occurring on the side of external hosting providers or internet networks. This means that if any issues or disruptions arise from the hosting provider or network operator, BookScout.ai will not be held responsible for those problems.

9. Manuscript Content

Bookscout.ai software analyzes submitted manuscripts without checking specific content.

(2) BookScout.ai forwards the author’s manuscripts without conducting a pre-screening of their content. Therefore, BookScout.ai is not liable for potentially illegal content contained in the submitted manuscripts.

(3) The ultimate responsibility for the manuscript’s content lies with the publisher, who should address these issues with the author before accepting the manuscript.

10. Messages

While BookScout.ai enables direct communication between the publisher and the author, the publisher is obligated to comply with relevant legal provisions. Sending unsolicited advertisements is prohibited.

11. General Limitation of Liability

(1) Claims for damages are excluded unless there has been deliberate or gross negligence or a material contractual obligation has been breached. This applies to situations where compensation for indirect or consequential damages is required as well. The liability is limited to damages that were foreseeable at the time of entering into the agreement and typical for such cases.

(2) Both parties are required to regularly create data backups and implement IT security measures in accordance with the current state of technology.

12. Confidentiality / Data Protection

(1) BookScout.ai will treat the trade secrets of publishers confidentially and will not disclose them to third parties even after the termination of the agreement. The same applies to the publishers. Literacka Sp. z o.o.’s software is also covered by trade secrets.

(2) Author data is stored by the BookScout.ai system for the purpose of contract execution and communication. They will only be transferred to the respective publisher as part of the agreement’s fulfillment, unless separate consent is provided by the submitting individual.

(3) If necessary, an order fulfillment agreement will be signed between the BookScout.ai system owner and the publisher.

13.

13. Written statements and changes to the agreement require at least written form.

14. Place of Performance / Jurisdiction

The agreement is subject to Polish law. The place of performance and jurisdiction for all disputes arising from this contract is, if the contractual partner is an entrepreneur, Olsztyn.

15. Severability Clause

If any provision of these terms is found to be ineffective, it does not affect the validity of the remaining provisions.