Terms and Conditions

Introduction

Xmart Solution (“we,” “us,” or “our”) provides scholarly journals with a comprehensive and user-friendly peer review system designed to optimize the publication process. By accessing or using the Xmart Solution website (“the Website”) and services (collectively, the “Services”), you (“user(s),” “you,” or “your”) agree to be bound by these Terms and Conditions, as well as any guidelines, rules, or disclaimers that may be posted or updated on specific webpages or in notices sent to you. These Terms also incorporate the Xmart Solution Privacy Policy by reference.

Scope of Services

Xmart Solution offers a wide range of services designed to support scholarly journals, including:

Custom website design and development for journals
Web-based editorial system
Comprehensive training and user support
Advanced publishing services, including typesetting, cover design, Full Text XML, copy editing, and proofreading (additional fees may apply)
Integration of plagiarism checks via iThenticate
DOI integration through Crossref
Migration of current and archived content from other journal platforms
Online workshops on best practices for scholarly journal publishing
Status reports on journal performance
Payment gateway integration and fee collection

Account Responsibilities

As a user of our platform, you are responsible for all activities conducted under your account. You must ensure that all information provided is accurate and up to date. If any information is found to be inaccurate, outdated, or incomplete, Xmart Solution reserves the right to suspend or terminate your account and deny access to the Services. You are responsible for safeguarding your login credentials and for any consequences arising from their unauthorized use.

Use of the Platform

When using Xmart Solution’s services, you agree to not:

Upload or distribute files containing viruses or malicious software
Modify, decompile, or reverse-engineer our services
Attempt to bypass security mechanisms or test the vulnerabilities of the platform
Overload the servers or networks with excessive data
Copy or reproduce any part of our services
Access or use data from other clients
Engage in unlawful activities or distribute unlawful content
Send unsolicited emails, spam, or chain letters
Encourage criminal activities or activities that may result in civil liability

Xmart Solution reserves the right to remove or disable access to content that violates these terms. You agree to indemnify Xmart Solution against any claims arising from your failure to comply with these obligations.

Export Compliance

The services provided by Xmart Solution are subject to Iraqi and applicable international export laws and regulations. Users agree to comply with these regulations and ensure that no data or materials resulting from the Services are exported in violation of these laws, particularly those regarding restricted activities such as nuclear, chemical, or biological weapons proliferation.

Intellectual Property

You retain ownership of your own data and intellectual property. However, Xmart Solution retains ownership of all intellectual property associated with its services, including but not limited to software, documentation, and improvements or modifications. Users may only use Xmart Solution’s intellectual property in connection with the Services and cannot transfer or sell it without prior written consent from Xmart Solution.

Content on the Platform

Xmart Solution does not control or endorse third-party websites that may be linked from the platform. Users assume all risks associated with accessing third-party content and are responsible for protecting their systems from any harmful content. If you believe any content on the platform infringes on your rights, you are encouraged to notify Xmart Solution for appropriate action.

Fees and Payment

Clients are required to pay an annual subscription fee for the services provided by Xmart Solution. Additional fees for services such as Crossref membership and iThenticate are billed separately.

Subscription Fee: Payable annually for the core services provided by Xmart Solution.
Crossref and iThenticate Fees: Paid directly to Crossref and billed separately.

Payment Terms

Due Date: The Subscription Fee must be paid by the specified date each year. Payment should be made to the account provided by Xmart Solution.
Taxes: Subscription fees do not include taxes, and any applicable taxes are the responsibility of the client.
Late Payments: Any overdue amounts will incur interest at a rate of 2% per month (24% annually) or the maximum rate allowed by law.

Refund Policy

Subscription fees are billed annually or monthly. Clients may cancel their subscription, but no refunds will be provided for the remaining period of the subscription. It is the client’s responsibility to retrieve any data before canceling the subscription.

Indemnification

Mutual Indemnification: Both parties agree to indemnify and hold each other harmless from losses or third-party claims resulting from willful misconduct or gross negligence.
Indemnification by Xmart Solution: Xmart Solution will indemnify you for losses resulting from claims that its services infringe third-party intellectual property rights, provided you comply with these Terms and related documentation.

Limitation of Liability

Exclusions: Neither party will be liable for indirect, incidental, special, punitive, or consequential damages, or for loss of revenue or profits.
Maximum Liability: Xmart Solution’s liability for any damages will not exceed the total amount paid by you for the services in the 12-month period preceding the claim.

Third-Party Services

The platform may contain links to third-party websites or services. Xmart Solution is not responsible for the content or availability of these third-party services, and you assume all risks associated with their use.

Governing Law

This agreement is governed by the laws of Iraq. Any disputes arising from or related to this agreement will be resolved in accordance with Iraqi law. Both parties agree to first attempt an amicable resolution of any disputes, and if unresolved, the matter will be brought before the competent courts of Iraq.

Termination

Notice: Either party may terminate this agreement with 15 business days’ written notice.
Material Breach: Immediate termination is allowed if the other party breaches the agreement, with a 30-day period to remedy the breach.
Failure to Pay: Xmart Solution reserves the right to terminate the agreement if the client fails to pay the Subscription Fee on time three times within a 12-month period.

Effect of Termination:

Clients must cease using the services immediately after termination.
All outstanding fees must be settled.
Clients must retrieve any data within 30 days of termination.

By using Xmart Solution’s services, you agree to these Terms and Conditions.