Terms and conditions for www.patentsmarter.dk

These terms apply to

  • the use of this Application, and
  • any other related agreement or legal relationship with the Owner

and is legally binding. Uppercase words are defined in the relevant dedicated section of this document.

The user must read this document carefully.

Nothing in these Terms creates any agreements regarding employment, consulting services or partnership between the parties involved.

This Application is provided by:

PATENTsmarter ™

/ Gyde Balzer Carstensen

Willy Brandts Vej 13, 4 tv

2450 København SV,

Denmark

Owner contact email: info @ patentsmarter. dk

Information about this Application

PATENTsmarter ™ is an information and training website operated by European Patent Attorneys, mainly the founder and CEO of PATENTsmarter ™. Please read our Terms and Conditions before using Information from PATENTsmarter ™.

Use what you learn – but also remember to get professional advice

You can use the content provided through this site to prepare your work and interaction with e.g. your patent adviser or IP lawyer, but ALWAYS seek advice from your adviser before acting on e.g. your product protection, patent strategy or patent application. Additional legal or strategic considerations may be necessary in your situation that have not been presented in our courses or other content.

The courses and the expectation of success

Every person who takes the courses on this site will see different results. The courses and services only provide guidance and illustrate potential opportunities by providing information and examples to e.g. one or more ways to attack a given situation, challenge, or how others have achieved a similar outcome. The courses and services purchased through this site can not guarantee a successful end result as the result largely depends on the specific facts and a wide range of factors that are not predictable. However, with the information and examples provided through the courses and services of this site, you will be better equipped to tackle these factors with more confidence, knowing that legal advice can be a good investment.

“This Application” refers to

  • this Website, including its subdomains and any other Website through which the Owner makes its Service available;
  • mobile applications (Apps), tablet and other systems for the use of smart device systems;
  • Service
  • all programs, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation
  • In addition, the term “this Application” includes all content available through online or live courses, lectures, webinars, 1: 1 mentoring / strategy sessions, and communities, including any content available through memberships and / or licenses submitted to available through this website, apps, through the API, or other affiliated Services, software or external Service Provider, such as, but not limited to e.g. Facebook or LinkedIn groups.

The following documents have been incorporated by reference into these terms:

Worth knowing for the User – an overview

The right of withdrawal in this Application applies only to EU Consumers. The right to terminate the contract established via the Terms and Conditions, in connection with a purchase through this Application, is also called the right of withdrawal and is consistently referred to as the “right of withdrawal” in this document.

  • Please note that some provisions of these Terms are restricted to certain categories of Users. Certain provisions may in particular be limited to Consumers or to those Users who cannot be considered Consumers. Such restrictions are always expressly mentioned in each section concerned. Unless otherwise expressly stated, the clauses therefore apply to all Users.
  • This Application Uses automatic renewal for product subscriptions. Information on (a) the renewal period; (b) termination information; and c) notice of termination may be found in the relevant section of these Terms.
  • Use of this Application and Service is age-restricted: In order to access and use this Application and its Service, the User must be an adult in accordance with applicable law.

TERMS OF USE

Unless otherwise indicated, the terms of use described in this section generally apply when you use this Application.

Individual or additional conditions of use or access may apply in specific scenarios and are in such cases specified in this document.

Using this program, Users confirm that they meet the following requirements:

  • There are no restrictions for Users in terms of being resp. Consumers or Business Users;
  • Users must be recognized as adults in accordance with applicable law.
  • Users are not resident in a country that is subject to a US government embargo or that has been designated by the US government as a “terrorist support” country.
  • Users are not on any US Government’s list of banned or restricted parties.

Office registration

In order to use the Services, the User must register or create a User Account with all necessary data or information in a complete and truthful manner. If no User Account is created, we will not be given access to the Service.

Users are responsible for keeping their login information confidential and secure. For this reason, Users are also required to choose passwords that meet the highest standards of strength allowed by this Application.

By registering, the User agrees to be fully responsible for all activities that occur under their Username and Password. Users are obliged to immediately and unambiguously inform the Owner via the contact information provided in this document if they believe that their personal information has been violated, unlawfully disclosed or stolen. This applies to, but is not limited to, information such as User Accounts, access information or personal data.

Conditions for account registration

Registration of User Accounts on this Application is subject to the following conditions. By registering, Users agree to fulfill such conditions.

  • Accounts registered by bots or other automated methods are not allowed.
  • Unless otherwise stated, one User per registered account is allowed.
  • Unless expressly permitted, User Accounts are personal and access is restricted to the registered person and is not shared with other persons.

Account termination

Users may terminate their account at any time and stop using the Service by doing the following:

  • By using the tools established for account termination in the Application
  • By contacting the Owner directly at the contact information provided in this document.

Account suspension and deletion

The Owner reserves the right, in its sole discretion, to suspend or delete User Accounts as it deems inappropriate, offensive or in violation of these Terms.

Suspension or deletion of User Accounts does not entitle Users to claims for compensation or reimbursement.

Suspension or deletion of accounts due to reasons attributable to the User does not exempt the User from paying applicable fees or prices.

Content of this Application

Unless otherwise stated or clearly recognizable, all content made available through, content in this Application, is owned or provided by the Owner or its licensors.

The Owner makes every effort to ensure that the content of this Application does not violate applicable law or third party rights. However, it is not always possible to achieve such a result. In such cases, without prejudice to Users’ legal rights to enforce their rights, Users are kindly requested to report related complaints using the contact information in this document.

Application Content Rights – All Rights Reserved

The Owner owns and reserves all intellectual property rights in the Application Content.

Users may therefore not use content that is accessed through the Application in any way that is not necessary or part of the correct use of the Service.

This applies in particular to, but is not limited to, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transfer, sell, sublicense, edit, transfer / assign to third parties or create derivative works from the content available on this Application, or allow any third party to do so through the User or their device, even without the User’s knowledge.

If expressly stated in this Application, the User may download, copy and / or share any content available through this Application for its sole personal and non-commercial use, and provided that the attributions of the copyright and all other attributes, as requested by the Owner is carried out correctly.

Any applicable statutory limitation or exemption from copyright remains unaffected.

Content provided by Users

The Owner allows Users to upload, share or deliver their own content to this Application.

By providing content for this Application, Users confirm that they have a legal right to do so and that they do not violate any legal provisions and / or third party rights.

Users acknowledge and agree that by providing their own content for this Application, they grant the Owner a non-exclusive, worldwide, fully paid and royalty-free, irrevocable, perpetual (or for the entire term of protection) license that is transferable and sublicensable and for use , access, store, reproduce, modify, distribute, publish, process, process, transmit, stream, transmit or otherwise exploit such content to deliver and promote its Service in any media or manner.

To the extent permitted by applicable law, Users waive moral rights in relation to content they provide to this Application.

Users acknowledge, accept and acknowledge that all content they provide through this Application is provided under the same general terms and conditions set forth for content on this Application.

Users are solely responsible for all content they upload, send, share or deliver through this Application.

Users acknowledge and agree that the Owner filters or moderates such content in a preventative manner.

The Owner therefore reserves the right to refuse, censor, remove, delete, block or correct such content at its sole discretion and to deny the Uploading User access to this Application without prior notice if it considers such content to violate any applicable legal provision or third party rights or otherwise pose a risk to Users, third parties, the Owner and / or the availability of the Service.

Removal, deletion, blocking or rectification of content does not entitle Users who have provided or are responsible for such content to claim compensation, damages or reimbursement.

Users agree to hold the Owner irresponsible and liable for any claim made and / or damaged due to content they have provided to or provided through this Application.

Access to delivered content

Content provided by Users to this program is made available in accordance with the criteria described in this section.

Publicly available content

Content intended for public access will be automatically published on this Application upon upload or at the Owners’ sole discretion at a later date.

All personal information, identifiers or other information that Users upload in connection with such content (such as User ID, avatar or nickname, etc.) must also be displayed in connection with the published content.

Private content

Private Content provided by Users remains private and will not be shared with any third party or accessed by the Owner without the User’s express consent.

Content for specific audiences

Content intended to be made available to certain audiences may only be shared with such third parties as are determined by Users.

All personal information, identifiers or other information Users upload in connection with such content (such as User ID, avatar or nickname, etc.) must also be displayed in connection with the content.

Users can (and are encouraged to) check this Application to find out who can access the content they provide.

Access to external resources

Through this program, Users can access or access external resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and is therefore not responsible for their content and availability.

The terms and conditions that apply to the resources made available by third parties, including those that apply to any allocation of content rights, are due to the terms and conditions of each of these third parties or, if a third party does not specify such terms and conditions, ownership of the content of current law.

In connection with the use of this Application, Users will be able to be presented with third party advertisements. The Owner does not control or moderate these advertisements displayed through this Application. If Users click on such advertisement, they will interact with any third party responsible for that ad.

The owner is not responsible for any circumstances resulting from such interaction with third parties, or any consequences of a visit to third party websites or the use of third party content.

Acceptable Use

This Application and Service may only be used within the framework of what they are provided for, in accordance with these terms and applicable law.

Users are solely responsible for ensuring that their use of this Application and / or the Service does not violate applicable laws, rules or third party rights.

The Owner therefore reserves the right to take appropriate measures to protect its legitimate interests, including denying Users access to this Application or Service, terminating contracts, reporting any offenses committed through this Application or Service to the competent authorities – such as judicial or administrative authorities – when Users are suspected of acting in violation of applicable laws, rules, third party rights and / or these terms, including, but not limited to, by participating in any of the following activities:

Behavioral restrictions

  • pretends to meet any possible condition or requirement to access this Application and / or through the Services, such as, for example, being an adult under the law or qualifying as a Consumer;
  • to conceal their identity or steal another’s identity or pretend to be or represent a third party if it is not allowed to do so by such a third party;
  • manipulate identifiers to hide or otherwise conceal the origin of their messages or the content that has been looked up;
  • defamation, abuse, harassment, use of threatening practices, threats or violation of the legal rights of others in any other way
  • promotes activities that could endanger the life of the User or another User or lead to physical harm. This includes, but is not limited to, suicide threats or incitement, intentional physical violence, use of illicit drugs, or excessive drinking. Under no circumstances are Users allowed to post content that promotes and / or encourages and / or displays any self-destructive or violent behavior on this Application;
  • probing, scanning or testing the vulnerability of this Application, including the Services or any network connected to the Site, or breaching the security or authentication measures on this Application, including the Services or any network connected to this Application;
  • installation, integration, uploading or otherwise incorporating malware into or through this program;
  • Use this Application or the technical infrastructure in an unreasonable, excessive or otherwise inappropriate manner (eg for spamming)
  • Attempts to interfere with or manipulate the Technical Infrastructure in a manner that impairs or imposes an unreasonable burden on this Application or Service
  • offer Products through this Application that can not be legally sold or that are not currently for sale (eg not in stock)
  • manipulate the price of Products offered or fail to deliver Sold Products;

Scraping (translation of English term: Scraping)

Use of any automated process to extract, harvest or scrape information, data and / or content from this Application and any digital features related thereto, unless the Owner has express permission to do so;

Content Restrictions

  • dissemination or publication of content that is illegal, obscene, illegitimate, defamatory or inappropriate;
  • publishing content that directly or indirectly promotes hatred, racism, discrimination, pornography, violence
  • dissemination or publication of content that is false or may create unjustified alarms
  • to use this Application to publish, disseminate or otherwise provide content that is protected by intellectual property law, including, but not limited to, patent, trademark or copyright law, unlawfully and without the consent of the legitimate rightholder;
  • by means of this Application to publish, disseminate or otherwise make available any other content that infringes the rights of third parties, including, but not limited to, state, military, trade or professional secrets and personal data;
  • publishing content or performing activities that interfere with, disrupt, damage or otherwise violate the integrity of this Application or another User’s experience or devices. Such activities include: spamming, distribution of unauthorized advertising, phishing, fraud against others, spreading malware or viruses, etc .;
  • publish or otherwise disseminate false, inaccurate, misleading, defamatory or defamatory content relating to Products offered through this Application;

Restrictions on Commercial Use

Registration or use of this Application for the purpose of promoting, selling or promoting Products or Services of any kind in any way

  • indicating or attempting in any way to imply that a User is in a qualified relationship with this Application, or that this Application has endorsed the User, the User’s Products or Services or any third party Products and Services for any purpose;

“Refer a friend”

This Application enables Users to receive benefits if, as a result of their recommendation, Users purchase a Product offered through this Application. To take advantage of this offer, Users may invite others to purchase the Products on this Application by sending them a refer-a-friend code from the Owner. Such codes can only be redeemed once. If one of the invited persons upon purchase of the Products on this Application redeems a refer-a-friend code, the inviting User will receive the benefit or prize (such as: a price reduction, an additional service function, an upgrade, etc.) specified on this Application. Refer-a-Friend Code may be limited to specific Products among those offered on this Application.

The owner reserves the right to terminate the offer at any time at its sole discretion.

Although there is no general limit to the number of people that can be invited, the amount of benefit or prizes that each inviting User can receive may be limited.

TERMS AND CONDITIONS OF TRADE

Paid products

Some of the Products provided through this Application, as part of the Service, are provided as a result of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Application.

If the User wishes to purchase or access Products, the User must register or log in to this program.

Product description

Prices, descriptions or availability of Products are described in the respective sections of this Application and are subject to change without notice.

While Products on this Application are presented with the utmost accuracy, representation on this Application in any way (including, as the case may be, graphic material, images, colors, sounds) is for reference only and does not imply any warranty as to the properties of the Product purchased. .

The characteristics of the selected Product will be outlined during the purchase process.

Purchasing process

All steps reviewed, from choosing a product to order delivery, are part of the purchasing process. The buying process includes these steps:

  • Users must specify the desired Product by selecting it, including, where possible, selecting quantity and specific properties, to display it in the purchase selection.
  • Users can review their purchase choices, modify, remove or add items.
  • Users must provide their billing address, contact information and a payment method of their choice.
  • If the purchase results in a Product being delivered, Users may need to provide a delivery address.
  • During the purchase process, Users may at any time change, correct or adapt the information provided or completely interrupt the purchase process without consequences.
  • After entering all the necessary information, the User should carefully review the order and can subsequently proceed to the checkout.

To submit the order, Users must accept these terms and use the respective button or mechanism on this application and hereby undertake to pay the agreed price.

Order shipment

When the User sends an order, the following applies:

  • The order shipment determines the time of entering into the contract and thus the User’s obligation to pay price, taxes and possible additional fees and expenses, as stated on the order page.
  • If the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special requests, the placing of the order creates an obligation for the User to cooperate accordingly.
  • When sending the order, Users receive a receipt confirming that the order has been received.

All notices regarding the described purchase process are sent to the e-mail address provided by the User for such purposes.

Price

Users are informed during the purchase process and before placing an order of any fees, taxes and costs (including any delivery costs) that they will be charged.

The prices of this Application are displayed:

  • including all applicable fees, taxes and costs.

Offers and Discounts

The Owner may offer discounts or provide special offers for the purchase of Products. Such offer or discount is always subject to the applicable availability criteria, terms and conditions set out in the corresponding section of this Application.

Offers and discounts are always given at the Owner’s discretion.

Repeated or recurring offers or discounts do not create any claim / right that Users can enforce in the future.

Depending on the case, discounts or offers only apply for a limited period, or while stocks last. If an offer or discount is time-limited, the time indications refer to the Owner’s time zone as specified in the Owner’s location information in this document, unless otherwise stated.

Coupons

Offers or discounts may be based on coupons.

In the event of a breach of the terms and conditions applicable to coupons, the Owner may lawfully refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or divergent rules applicable to the use of the coupon displayed on the corresponding information page or on the coupon itself will always take precedence.

Unless otherwise stated, these rules apply to the use of coupons:

  • Each coupon is only valid when used in the manner and within the time frame specified on the website and / or the coupon;
  • A coupon can only be used in its entirety at the time of actual purchase – partial use is not permitted;
  • Unless otherwise stated, one-time coupons can only be used once per month. purchase and can therefore only be used once, even in cases where there are installment-based purchases.
  • A coupon cannot be used cumulatively.
  • The coupon must be redeemed only within the time specified in the offer. After this period, the coupon expires automatically, which excludes any possibility for the User to claim the relevant rights, including payment;
  • The user is not entitled to credit / refund / compensation if there is a difference between the value of the coupon and the redeemed value;
  • The coupon is intended for non-commercial use only. Any reproduction, counterfeiting and commercial trading of the coupon is strictly prohibited along with any illegal activity in connection with the purchase and / or use of the coupon.

Payment methods

Information regarding accepted payment methods is made available during the purchase process.

Some payment methods may only be available subject to additional terms or fees. In such cases, related information can be found in the dedicated section of this Application.

All payments are processed independently through third party services. Therefore, this Application does not collect payment information – such as credit card information – but only receives a notification when the payment has been completed.

If payment through the available methods fails or is rejected by the payment service provider, the Owner is not obliged to fulfill the purchase order. Any costs or fees resulting from the failed or declined payment shall be borne by the User.

Installment payment

The payment of the purchase price may be settled in two or more installments within the time limits specified in this Application or otherwise notified by the Owner. Specific Products can be excluded from this payment model. If the User does not meet one of the agreed payment deadlines, the total outstanding amount is due immediately and must be paid.

Approval of future PayPal payment

If Users approve the PayPal feature that allows future purchases, this program will store an identification code associated with the Users PayPal account. This will allow this Application to automatically process payments for future purchases or recurring installments of previous purchases.

This approval can be revoked at any time, either by contacting the Owner or by changing the User Settings offered by PayPal.

Retention of product ownership

Until the Owner has received payment of the total purchase price, the ordered Products will not become the User’s property.

Usage rights for installment payments

Users do not acquire any rights to use the purchased Product until the total purchase price has been received by the Owner.

Delivery

Delivery of digital content

Unless otherwise stated, digital content purchased on this Application is provided via download on the device or devices selected by Users.

Users acknowledge and agree that in order to download and / or use the Product, the intended device or devices and their respective software (including operating systems) must be legal, commonly used, up-to-date and in accordance with applicable market standards.

Users acknowledge and agree that the ability to download the purchased Product may be limited in time and space.

The performance of Services

The purchased Service must be performed or made available within the time frame specified in this Application or as notified before the order is placed.

Duration of the contract

Subscription

Subscriptions allow Users to receive a Product continuously or regularly over a specified period.

Paid subscriptions begin on the day the payment is received by the Owner.

To maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may result in downtime.

Time-limited subscriptions

Paid time-limited subscriptions start on the day the payment is received by the Owner, and the last for the subscription period that the User has chosen or is otherwise specified during the purchase process.

When the subscription period expires, the Product will no longer be available unless the User renews the subscription by paying the relevant fee.

Time-limited subscriptions cannot be terminated prematurely and expire at the end of the subscription period.

Installment payment of subscriptions

If the purchase price is paid in several installments, the subscription starts on the day the first payment is received by the Owner and lasts the entire duration of the subscription, provided that all other installments are received on time.

If the payment deadlines are not met, the right of access to the Product will lapse.

Termination of open subscriptions

Open subscriptions can be terminated at any time by sending a clear and unambiguous notice of termination to the Owner using the contact information in this document. The terminations take effect 30 days after the Owner has received the termination.

Terms and conditions applicable to additional features

Users who have an active subscription can purchase some additional add-ons or features described in the relevant section of this Application. Unless otherwise stated, such extras are subject to the same terms and conditions as apply to the main product, including all provisions of this document.

User rights

Right of withdrawal

Unless there are exceptions, the user may be entitled to withdraw from the contract within the period specified below (usually 14 days), for any reason and without justification. Users can learn more about the payout conditions in this section.

To whom the right of withdrawal applies

Unless an applicable exception is mentioned below, Users who are European Consumers will have a statutory right of withdrawal under EU rules to withdraw from agreements entered into online (distance contracts) within the stipulated time limit applicable to their case, regardless of cause and without justification.

Users who do not qualify for this qualification may not benefit from the rights described in this section.

Exercise of the right of withdrawal

In order to exercise their right of withdrawal, Users must send the Owner an unequivocal statement that they intend to withdraw from the contract.

For this purpose, users can use the model extraction form available from the “definitions” section of this document. However, users are free to express their intention to withdraw from the contract by making an unequivocal statement by any other appropriate means. In order to meet the deadline within which they can exercise such a right, users must send the withdrawal notice before the withdrawal period expires.

When does the payout period expire?

  • With regard to the purchase of physical goods, the withdrawal period expires 14 days after the day on which the user or a third party – apart from the carrier and designated by the user – physically takes possession of the goods.
  • In terms of purchasing several physical items ordered together but delivered separately or in the case of the purchase of a single item consisting of several lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the user or a third party – other than the carrier and designated by the user – acquires physical possession of the last item, much or piece.
  • In the case of the purchase of digital content that is not delivered in a physical medium, the withdrawal period expires 14 days after the day the contract is entered into, unless the user has waived the right of withdrawal.

The effect of a consent withdrawal

Users who terminate the contract correctly will be refunded by the Owner for all payments to the Owner, including any payments that cover the delivery costs.

However, any additional costs due to the choice of a particular delivery method, other than the cheapest type of standard delivery offered by the Owner, will not be refunded.

Such refund shall be made without undue delay and in any event no later than 14 days from the date on which the Owner is notified of the User’s decision to terminate the contract. Unless otherwise agreed with the User, refunds will be made using the same means of payment as Used to process the original transaction. In any case, the user may not incur any costs or fees resulting from such reimbursement.

… on the purchase of physical goods

Unless the Owner has offered to pick up the goods, Users must return the goods or hand them over to the Owner or to a person authorized by him to receive the goods, without undue delay and in any case within 14 days from the day they announced their decision to terminate the contract.

The deadline is met if the goods are handed over to the carrier, or otherwise returned as indicated above, before the expiry of the 14-day period for returning the goods. The refund can be withheld until the receipt of the goods, or until the Users have submitted documentation that they have returned the goods, whichever is earlier.

Users are only responsible for the diminished value of the goods as a result of the handling of the goods outside of what is necessary to determine their nature, properties and function.

The cost of returning the goods is borne by the user.

Exceptions to the right of withdrawal

The right of withdrawal does not apply to contracts:

  • for the supply of digital content which is not delivered on a physical medium , if the service has begun with the prior express consent of the consumer and with their acknowledgment that their right of withdrawal is thereby lost;
  • for the supply of goods manufactured to the consumer’s specifications or otherwise clearly personal

Liability and compensation

EU users

Compensation

The User agrees to indemnify the Owner and its subsidiaries for damages, associates, offices, directors, agents, co-branders, partners and employees for damages and any claims or injunctions – including but not limited to attorneys’ fees and costs – made by Third Party due by or in connection with any responsible use of or connection to the Service, violation of terms, violation of Third Party rights or statutory provision by the User or its associated companies, offices, directors, agents, co-branders, partners and employees to the extent permitted in accordance with applicable law.

Limitation of liability

Unless otherwise expressly stated and subject to applicable statutory product liability provisions, Users have no right to claim compensation from the Owner (or any natural or legal person acting on its behalf).

This does not apply to damage to life, health or physical integrity, damage as a result of breach of a material contractual obligation, such as any obligation strictly necessary to achieve the purpose of the contract, and / or damage as a result of intent or gross negligence , as long as this Application has been properly and correctly used by the User.

Unless damages are caused by intent or gross negligence, or they affect life, health or physical integrity, the Owner is only liable for the extent of typical and foreseeable damages at the time the contract was entered into.

In particular, the Owner is not responsible for the above limits for:

  • any loss of business opportunities and any other loss, even indirectly, that may arise from the User (such as, but not limited to, trade loss, loss of revenue, income, profits or expected savings, loss of contracts or business relationships, loss of reputation or goodwill, etc. .)
  • damages or losses due to interruptions or malfunctions in this Application due to force majeure or unforeseen and unforeseen events and in any case independent of the Owner’s will and beyond the Owner’s control, such as, but not limited to, errors or interruptions of telephone or power lines, the Internet and / or other means of transmission, lack of access to websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the provision of Products, third party services or Applications
  • any loss that is not the direct consequence of the Owner’s breach of the Terms
  • any damages, prejudices or losses arising from viruses or other malware contained in or linked to files that can be downloaded from the Internet or through this Application. Users are responsible for implementing adequate security measures – such as anti-viruses and firewalls to prevent such infection or attack and to ensure backups of any data or information exchanged via or uploaded to this Application.

Notwithstanding the foregoing, the following limitation applies to all Users who do not qualify as Consumers:

In the event of liability, the compensation may not exceed the total payments that have been, will be or will be received by the Owner from the User based on the contract over a period of 12 months or the duration of the agreement, whichever is shorter.

Australian Users (See English page)

US Users (see English page)

Common provisions

No Waiver

The owner’s failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision. No dispensation shall be construed as a further or continued waiver of such term or any other period.

Interruption of the Service

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates or other changes and to inform Users thereof, to an appropriate extent.

Within the framework of the law, the Owner may also decide to suspend or terminate the Service completely. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw personal information or information in accordance with applicable law.

In addition, the Service may not be available due to reasons beyond the Owner’s reasonable control, such as “force majeure” (eg work actions, infrastructural breakdowns or power outages, etc.).

Resale of the Service

Users may not reproduce, copy, reproduce, sell, resell or utilize any part of this Application and its Service without the express prior written permission of the Owner, given either directly or through a legitimate resale program.

Privacy Policy

If the User wishes to know more about the use of personal information, please refer to this Application’s Privacy Policy .

Intellectual property rights (IP)

Subject to a more specific provision in these Terms, all intellectual property rights, such as copyright, trademark rights, patent rights and design rights in connection with this Application, are the exclusive right of the Owner or its licensors and the rights and protections obtained under applicable law or international treaties. concerning intellectual property.

All trademarks – nominal or figurative – and all other trademarks, trade names, collective marks, word marks, illustrations, images or logos displayed in connection with this Application are and remain the exclusive property of the Owner or its licensors and are subject to the rights and protection obtained under applicable law or international treaties relating to intellectual property.

Changes to these Terms

The Owner reserves the right to change or otherwise change these Terms at any time. In such cases, the Owner will inform the User of these changes in an appropriate manner.

Such changes will only affect the relationship with the User in the future.

The continued use of the Service will mean the User’s acceptance of the revised terms. If Users do not wish to be bound by the changes, they must stop using the Service. If the revised terms are not accepted, both parties may give the right to terminate the agreement.

The relevant previous version controls the relationship prior to the User’s acceptance. The User may obtain any prior version from the Owner.

If required by applicable law, the Owner will indicate the date on which the amended terms take effect.

Assignment of contract

The Owner reserves the right to transfer, assign or dispose by novation or outsourcing all or individual rights or obligations under these Terms, taking into account the legitimate interests of the User. Provisions for changes to these terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contact

All communications regarding the use of this Application must be sent using the contact information provided in this document.

Separation of terms and conditions

If a provision of these Terms and Conditions is deemed to be invalid, invalid or unenforceable under applicable law, the invalidity or limiting effect of that provision on enforcement shall not affect the validity of the remaining provisions which remain in full force and effect.

US Users (see English page)

EU users

If a provision of these Terms becomes or is deemed to be non-applicable, invalid or unenforceable, the Parties shall do their utmost to find in an amicable manner an agreement on valid and enforceable provisions replacing the non-binding, invalid or non-binding – enforceable parts. In the event that this does not happen, the non-applicable, invalid or unenforceable provisions will be replaced by the applicable legal provisions, if permitted or specified in accordance with applicable law.

Subject to the foregoing, the invalidity or impossibility of enforcing a particular provision of these Terms and Conditions shall not terminate the entire agreement unless the cut provisions are material to the agreement or of such significance that the Parties would not have entered into the contract if they had known the provision would not be valid, or in cases where the remaining provisions would cause unacceptable difficulties for either Party.

Choice of law

These Terms and Conditions are governed by the law of the place where the Owner is based, as described in the relevant section of this document, without regard to the principles of conflicts of law.

Exemption for European Consumers

Notwithstanding the above, however, such higher standards apply if the User qualifies as a European Consumer and has his or her habitual residence in a country where the law sets a higher Consumer Protection Standard.

Venue

The exclusive jurisdiction to decide on any controversy arising out of or in connection with these Terms and Conditions lies with the courts of the place where the Owner is based, as shown in the relevant section of this document.

Exemption for European Consumers

The above does not apply to Users who may be considered European Consumers or to Consumers based in Switzerland, Norway or Iceland.

Conflict resolution

Amicable settlement of disputes

Users can bring any disputes to the Owner, who will try to resolve them amicably.

While the Users’ right to sue always remains unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly requested to contact the Owner on the contact information in this document.

The User may submit the complaint, including a brief description and, where applicable, the details of the related order, purchase or account, to the Owner’s email address provided in this document.

The owner processes the complaint without undue delay and within 21 days of receipt.

Online dispute resolution for consumers

The European Commission has established an online platform for alternative dispute resolution that facilitates an out-of-court approach to resolving any disputes regarding and as a result of online sales and service contracts.

As a result, any European Consumer can use such a platform to resolve any dispute arising from contracts entered into online. The platform is available at the following link .

France: Mediation

Within one year after submitting a written complaint to the Owner of any dispute arising out of these Terms and Conditions, Consumers have the right to initiate a conciliation procedure before the conciliation body approved by the French Government. The relevant list is available at the following link.

Definitions and legal references

This Application (or the Application)

The media or media and / or devices that enable the delivery of the Service.

Agreement (Or agreements)

Any legally binding or contractual relationship between the Owner and the User that is subject to these terms.

Business user

A User who does not qualify as a Consumer.

Coupon

Any code or voucher, in printed or electronic form, which allows the User to purchase the Product at a reduced price.

European (or Europe)

Applies if a User is physically present or has their registered office in the EU, regardless of nationality.

Example of withdrawal form from purchase agreement

Adressed to:

PATENTsmarter ™ / Gyde Balzer Carstensen Willy Brandts Vej 13, 4 tv 2450 København SV, Denmarkinfo@patentsmarter.com

I / We hereby announce that I / we withdraw from my / our purchase agreement of the following goods / for the delivery of the following Service:

___________________________________________________________________

  • Ordered it: _________
  • Received on: ____________
  • Name of consumer (s): _________________
  • Consumer address (es): __________
  • Data: _______________

(characters if this form is communicated on paper)

Owner (or we)

Indicates the natural person or persons or legal entity providing this program and / or the Service to Users.

Product

An item or Service that can be purchased through this Application, such as e.g. physical goods, digital files, software, booking services, etc.

The sale of Products may be part of the Service.

Favor

The Service provided by this Application as described in these Terms and on this Application.

Terms

All provisions applicable to the use of this Application and / or the Service as described in this document, including other related documents or agreements, and as updated from time to time.

Burger (Or you)

Indicates any natural or legal entity that uses this program.

Consumer

Any User who qualifies as a natural person to access goods or Services for personal use, or more generally, trades for purposes outside their trade, business, craft or profession.

Last updated: November 30, 2021 – The updated version, available in English here.

Iubenda hosts this content in the English version and this text is a translation thereof, which is why sections for Australian and American Users refer to the English version. In case of doubt, the English text is used. Iubenda only collects the personal information which are strictly necessary for them to be delivered.

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