Terms of Service - IP Defender

Welcome to IP Defender. By using our applications and services ("Services" or "IP Defender"), you agree to these Terms of Service. Please read them carefully.

Description of Service

IP Defender is an international, subscription-based trademark monitoring service.

The Service includes monitoring of specified trademark databases and other public records. The geographical scope of the monitoring covers a number of states and may be extended or reduced at the Service Provider’s discretion.

The Service uses the latest technologies, including AI, to detect similarities. You acknowledge that similarity detection can be subjective and that automatic detection may be inaccurate.

Service Provider

The Service is operated via the proprietary platform IPDefender.EU, managed by , registered under company number , with a principal office at , 101 00 Prague 10, Czech Republic, European Union ("Service Provider").

Acceptance of Terms

By using our Services, you explicitly agree to these Terms of Service, forming a legally binding contract between you and the Service Provider.

Service Limitations and Disclaimers

  1. The Service is provided on an "as is" and "as available" basis.
  2. We use public sources of data and cannot guarantee completeness, accuracy, or timeliness of the data.
  3. We do not guarantee comprehensive detection of all potentially infringing uses of trademarks.
  4. The IP Defender service is a tool for monitoring purposes only and does not constitute legal advice. You should consult with qualified legal counsel for advice on trademark infringement and appropriate courses of action.
  5. Given the nature of the service, the Service Provider is not liable for any actions taken or not taken by the user based on the monitoring results.
  6. The Service Provider does not guarantee uninterrupted service or error-free operation.

User Eligibility and Account Management

  1. You may need an IP Defender account to use some of our Services.
  2. You are responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account. Do not disclose your password to anyone.
  3. Do not use the same password for your IP Defender account that you use for third-party applications.
  4. Notify the Service Provider immediately if you become aware of any unauthorized use of your password or account.
  5. You must provide accurate and up-to-date information when creating your account.
  6. You are prohibited from sharing your account or allowing third parties to use your account.

Payment Terms

  1. Subscription fees and accepted payment methods will be clearly stated.
  2. Billing cycles (e.g., monthly or annually) and terms related to automatic renewal of subscriptions will be specified.
  3. The process for canceling subscriptions, including any applicable fees or notice periods, will be detailed.
  4. Our policy is that we do not provide refunds for completed or partially completed subscription periods.
  5. We may suspend or terminate your access to the service for declined payments or delinquent accounts.

Intellectual Property Rights (Provider)

  1. The Service Provider retains all rights, title, and interest in and to the IP Defender service, including, without limitation, its software, algorithms, databases, user interface, design, trademarks, service marks, logos, and all related documentation.
  2. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service solely for the purpose of monitoring trademarks you have the right to monitor.
  3. You are explicitly prohibited from:
    1. Copying, modifying, distributing, selling, renting, leasing, lending, or creating derivative works of the Service or any part thereof, including the software.
    2. Reverse engineering, decompiling, or attempting to extract the source code of the Service's software.
  4. All rights not expressly granted to you are reserved.
  5. Any feedback, suggestions, enhancement requests, recommendations, or other input provided by users regarding the IP Defender service become the sole and exclusive property of the Service Provider, who will have a fully paid-up, royalty-free, worldwide, transferable, sub-licensable, assignable, irrevocable, and perpetual license to implement, use, modify, commercially exploit, and incorporate such feedback into the services without any obligation or compensation to the user.

Intellectual Property Rights (User Content)

  1. Users retain ownership of their respective trademarks and other intellectual property rights in the data they submit.
  2. You grant the Service Provider a non-exclusive, royalty-free, worldwide license to use, process, analyze, and store the submitted data. This license is strictly limited to purposes directly related to providing the trademark monitoring service and enhancing its functionality.
  3. You represent and warrant that you possess all necessary rights, licenses, and permissions to submit the trademarks for monitoring and that doing so does not infringe upon the intellectual property rights of any third party.

Prohibited Uses

  1. You agree to comply with all applicable laws and regulations.
  2. You must not misuse our Services.
  3. You are prohibited from:
    1. Submitting false, misleading, or inaccurate trademark information.
    2. Using the service to monitor trademarks or intellectual property that you do not have the legitimate right to monitor.
    3. Using the service to engage in any form of trademark infringement, unfair competition, or other illegal activities.
    4. Interfering with the proper operation of the service.
    5. Gaining unauthorized access to the service.
    6. Engaging in any activity that could harm the Service Provider, its systems, or other users.
    7. Using the service in any way that could disrupt, damage, or impair the operation of the service or the experience of other users.
    8. Using a single Protected Brand's Alert to monitor multiple distinct brands or trademarks. Each Alert must be dedicated to a single brand.

Termination and Suspension

  1. We may suspend or terminate your access to the Services if your conduct violates these Terms or our policies, or if we are investigating suspected misconduct.
  2. We reserve the right to modify, suspend, or discontinue the Service, or any part thereof, at any time, with reasonable notice to users.
  3. We may immediately suspend or terminate your access to the Service for reasons including, but not limited to:
    1. Any violation of these Terms of Service.
    2. Failure to pay subscription fees when due.
    3. The provision of inaccurate or misleading information.
    4. Suspected misuse of the service for any prohibited purpose.
    5. Any other legitimate business reason at our sole discretion.
  4. Upon termination, your right to access and use the Service will immediately cease, and we may, at our discretion, delete your account and any associated data.
  5. We will not be liable to you or any third party for any loss or damage resulting from any modification, suspension, or termination of the Service or your access thereto.

Disclaimers and Limitations of Liability

  1. To the maximum extent permitted by applicable law, the IP Defender service is provided on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
  2. Our liability for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, data, financial losses, or business interruption arising out of or in connection with the use or inability to use the service, even if we have been advised of the possibility of such damages, is explicitly excluded.
  3. Our total liability for any claims under these terms, including for any implied warranties, is expressly limited to the amount paid by you to us for the use of the Services in the maximum of twelve (12) months immediately preceding the date on which the claim arose, or, at our option, to the resupply of the services.

Indemnification

  1. You agree to indemnify, defend, and hold harmless the Service Provider, its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
    1. Your use of the service.
    2. Your submitted content (particularly concerning its accuracy and non-infringement of third-party rights).
    3. Your breach of these Terms of Service.

Data Privacy

  1. Our practices regarding user data are governed by our Privacy Policy, which will be maintained in accordance with applicable international data protection laws, including the General Data Protection Regulation (GDPR) for users located within the European Economic Area (EEA).
  2. If the provision of the IP Defender service involves the cross-border transfer of personal data, we will ensure that such transfers comply with applicable international data transfer regulations.
  3. We only collect personal data that is needed to provide the service.

Force Majeure

  1. We will not be liable for any failure or delay in the performance of our obligations under these Terms of Service that is directly caused by a force majeure event.
  2. Force majeure events include, but are not limited to: acts of God, natural disasters (e.g., floods, earthquakes, severe weather), acts of war or terrorism, civil unrest, riots, government actions or regulations, embargoes, widespread failures or disruptions of the internet or telecommunications infrastructure, power outages, cyberattacks, and other similar events that are unforeseeable and beyond our control.
  3. The Service Provider is not liable for delays, disruptions, or failures in the Service arising from circumstances beyond its reasonable control, including but not limited to interruptions, changes, access restrictions, rate limitations, or blocking by third-party data providers or platforms upon which the Service relies.
  4. Upon the occurrence of a force majeure event, we will provide prompt written notice to you and will use commercially reasonable efforts to mitigate the effects of the event and to resume performance of our obligations as soon as reasonably practicable.
  5. If a force majeure event continues to prevent the performance of services for an extended period (e.g., 30 to 60 days), either party may terminate the agreement.

Governing Law and Dispute Resolution

  1. These Terms shall be governed by and construed in accordance with the laws of the Czech Republic.
  2. Any dispute arising out of or in connection with these Terms shall be resolved in the courts of Prague, Czech Republic.
  3. The parties will first attempt to resolve any disputes amicably through good-faith negotiations.
  4. If a resolution cannot be reached through negotiation, the dispute shall be resolved in the courts of Prague, Czech Republic.

Amendments to Terms

  1. We may modify these Terms of Service, or any additional terms that apply to specific services, at any time, for example, to reflect changes in applicable laws, regulations, or to accommodate changes or updates to the services themselves.
  2. We will provide reasonable notice of any modifications, such as by posting a notice on the Service's website or by sending an email notification.
  3. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the revised Terms.

Service Modifications

  1. Service Provider reserves the right to modify the IP Defender service, its features, the scope of monitoring, the specific databases checked, and the applicable pricing at any time, with reasonable notice provided to users through the service, on the service’s website or via email.

No Guarantees or Liabilities

  1. We do not provide any money-back guarantees.
  2. We exclude all financial and other liabilities to the fullest extent permitted by law.
  3. The service can be ceased at any time without notice and without any compensation.

Our Promise

We promise to continuously evolve and improve our service, always putting your trust and experience at the forefront. Although this is not a legal guarantee, it reflects our genuine commitment to listen, adapt, and strive for excellence throughout our journey.

We aim to maintain open communication about the complexities inherent in trademark monitoring, acknowledging the ever-shifting digital landscape. Guided by user feedback and evolving industry realities, we remain dedicated to refining our approach and enhancing the reliability of our offerings.

We understand that monitoring trademark infringement is intricate, as similarities can be subjective. Our dedicated team integrates advanced AI and the latest technologies to address these nuances, though we recognize that absolute precision can be challenging. Nonetheless, we tirelessly explore new methods and innovative solutions to improve your experience. We value your trust and remain committed to delivering a service that reflects our pledge toward continuous progress and excellence.