Terms and conditions

General

Here described are the terms and conditions (valid as of 1 March 2022) of IP.appify GmbH (in the following also referred to as “we” or “us”) for users (in the following also referred to as “you” or “your”) of this website, in particular the EPC.App / PCT.App and the IP.Translator software (in the following also referred to as “products”).

By registering on this website and creating a user account for any of our products EPC.App / PCT.App / IP.Translator (either a free or paid access), you conclude a contract with us, which encompasses your agreement to the herein described terms of conditions of IP.appify GmbH.

Our terms and conditions may become subject to adaptations from time to time (with effect for the future). We hence recommend you to visit this part of the website in regular intervals. Moreover, you hereby accept that we may submit notices and information on changes of the terms and conditions or the provided services to you in the following way: (1) within the products acquired from us or (2) to the contact e-mail address provided by you.

EPC.App / PCT.App

1. Services and rights

1. We continuously work on improving the EPC.App / PCT.App. However, it is technically not feasible for us to operate numerous versions of the software and the commentary contents in parallel. We therefore reserve the right to change functions and contents of the EPC.App / PCT.App after conclusion of the contract and to activate updates for all users automatically.
2. We respect that user annotations belong to the intellectual property and privacy rights of our users and should not be read by others (also not by authors) without explicit approval. For discovering errors and for optimizing the EPC.App / PCT.App, it may however, in exceptional cases, become necessary to access data sets. We reserve such right for these purposes. Correspondingly, we recommend not to store personal data in comments of the EPC.App / PCT.App.
3. The legal texts depicted in the EPC.App (displayed in black) originate from the European Patent Office (www.epo.org). The legal texts depicted in the PCT.App correspondingly originate from the World Intellectual Property Organization (www.wipo.int). In as much as being official publications, they are each exempted from copyright, in Germany according to § 5 UrhG, and may be reproduced or distributed under the terms and conditions of the European Patent Office / World Intellectual Property Organization. Despite thorough checking of the content, it can never be excluded that there may be mistakes in the depicted legal texts and we disclaim liability for such mistakes. Via the EPC.App / PCT.App, the original legal texts become subject to adaptations in that markings of the text (e.g. underlines) and further text comments are added in clearly demarcated way (e.g. in different color, in other column, in smaller font size, in square brackets). Moreover, links to the website of the European Patent Office / World Intellectual Property Organization are included, which respectively open in a separate browser window.
4. Markings and comments from the authors are protected by copyright law and the exclusive right of use for distribution lies with the IP.appify GmbH.

2. Liability

1. The EPC.App / PCT.App forms a commentary of law that shall allow easy entry as well as efficient working with the European Patent Convention / Patent Cooperation Treaty. To this end, complex situations are intentionally described in simplified manner. The content of the EPC.App / PCT.App is not to be understood as professional legal advice and, with respect to completeness and correctness, any liability is disclaimed.
2. We seek for smooth operation of the EPC.App / PCT.App, however, cannot guarantee absence of any interruptions (e.g. for updates). Hence, also with respect to temporal unavailability of access or malfunctions and consequences thereof, any liability is disclaimed.
3. The contents of the EPC.App / PCT.App, including your user annotations, get stored in a database in a datacenter of a cloud service provider (e.g. Microsoft Azure) within the EU which complies with certified standards on data security (e.g. backups / fire safety / 24-7 maintenance staff). We as IP.appify GmbH assume no liability for any loss of data in this datacenter.
4. Despite thorough checking of content, we assume no liability for the contents of external links added by us. The content of linked pages falls under the sole responsibility of their operators. If an external link is added by a user in the EPC.App / PCT.App, we do not check the content and disclaim any liability.
5. For a print-on-demand service offered via EPC.App / PCT.App, printing may be operated via an external print service provider (e.g. Lulu Press). In this case, we only submit a print job to the print service provider. We assume no liability for late shipments or unavailablity of the print service provider.

3. User duties

1. Our services (in particular those free of charge) are based on trust in our users. This requires that you as user confirm to specify all personal data in correct and complete manner (e.g. status as candidate, name, contact e-mail address). You are also obliged to keep all data correct and complete over the entire duration of the contract. The IP.appify GmbH reserves the right to disable access to an account without refunding, in case of incorrect specifications which were essential for acquiring a license, or in case of abuse.
2. We respect the intellectual properties of others and expect this from you as well. Any acquired license is valid only for the registered user in person. The data required for access may not be handed over or sold to others. In this context, you are obliged to keep your chosen password confidential. On this website, the password is required only for login and will directly be transferred to a cloud service provider (e.g. Microsoft Azure) for authentication checking. We as IP.appify GmbH have no access to your password and will not ask for it at any time. For security reasons, it is recommended to change your password in regular intervals.
3. Also the created PDF files and printouts thereof are limited to the exclusive use by the registered user and may not be shared with others or duplicated for distribution purposes. This applies in particular to a print-on-demand service, where you may order only one printed copy per generated PDF of your book. Unlawful duplication and distribution will be legally prosecuted.
4. Each user may create only one free account.
5. Any action which may impair the proper functioning of this website, in particular creates excessive load thereon (e.g. by data-mining) is prohibited.

4. Duration and terms of payment

1. You may purchase our services using the payment procedures offered, which may change at any time without creating the right to reuse a payment method once used. Payment may also be operated via a payment service provider (e.g. Amazon Pay, PayPal). In this case we only receive a credit and do not know your bank or credit card details. In case of payment issues, you may have to resolve them with the payment service provider.
2. We would like to provide you access to the EPC.App / PCT.App directly after conclusion of the contract and without waiting for 14 days of cancellation period. With the principle right of cancellation entitled to customers, it is hence dealt as follows: You agree to our execution of the contract before expiry of the cancellation period and your right of cancellation lapses with the start of execution of the contract, i.e. upon providing you access to the EPC.App / PCT.App. Thereafter, your purchase cannot be refunded (for further details, see the cancellation terms following below). Also after expiry of the regular cancellation period or for users other than private customers, acquired licenses are generally not refundable.
3. For our services, the price specified at the time of acceptance is valid for the specified duration. If the service includes a subscription, the license is automatically renewed at the end of the duration for an unlimited term and you are given the right to cancel the subscription with a one-month notice period. Billing is done in advance each time by a further interval of the expired duration. In case of earlier termination, an eventually overpaid license fee will be refunded after deduction of any excess discounts granted. If the price at the time of renewal has increased compared to the expired interval of the same length, you will be granted a special right of termination in a corresponding notification. This does not apply if the increase was announced from the beginning, as in the case of a temporary discount. If different interval lengths are available, you can change the extension interval at any time before renewal. If you do not wish to renew your subscription, you must cancel it at least one week before its expiry by means of a clear declaration (e.g. by post or e-mail) to us (IP.appify GmbH, Radeckestr. 43, 81245 Munich, e-mail: support@ipappify.de).
4. License fees fall due at the beginning of each billing period. Invoices shall be sent exclusively in digital form as pdf files to the e-mail address provided by the user. In the event of non-payment of our invoice within the period specified at the conclusion of the contract (14 calendar days from the receipt of the invoice unless stated otherwise), we reserve the right to disable access to your entire account and to assign our claim to third parties or to collect it in the dunning procedure.
5. After expiry of your license or cancellation of your subscription, your registration data and personal annotations will not be actively deleted by us, so as to still allow your later reactivation. However, we cannot guarantee that your data is maintained, in particular not for an unlimited period of time. If you disagree with the intended storage, you can actively delete your account or terminate your registration, respectively, via a clear declaration (e.g. by post or e-mail).

5. Concluding provisions

1. For preferably never occurring disputes, German law applies and the place of jurisdiction is Munich.
2. Should any provision of these terms and conditions be invalid, the validity of the remaining provisions shall not in any way be impaired thereby. The invalid provision is to be replaced by that valid provision which, in terms of effects, comes closest to the economic purpose intended by the invalid provision.

IP.Translator

1. End User License Agreement for IP.Translator software

1. This End-User License Agreement ("EULA") is a legal agreement between you and IP.appify GmbH.
2. This EULA agreement governs your acquisition and use of the IP.Translator software ("Software") directly from IP.appify GmbH.
3. By acquiring a license and/or downloading and using the Software, you agree to be bound by the terms of this EULA. If you do not agree with the terms of this EULA, please do not acquire a license and/or download and use the Software.
4. If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

2. License Grant

1. IP.appify GmbH grants you a personal, non-transferable, non-exclusive license to use the Software on your devices in accordance with the terms of this EULA agreement. IP.appify GmbH reserves all rights not expressly granted to you.
2. You are permitted to load the Software on devices (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Software, both for the local client installation and the internet access to the cloud service described below.
3. You are not permitted to:
   a) copy (except as otherwise provided in this EULA), adapt, translate or otherwise change the whole or any part of the Software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things, except to the extent permitted by applicable law.
   b) Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose.
4. Certain components of the Software are Open Source Software and licensed under the terms of the applicable license(s) of the Open Source Software. The applicable terms and conditions can be found via the following webpages:
   a) Newtonsoft.Json, licensed under the MIT License, see github.com/JamesNK/Newtonsoft.Json
   b) ONNX Runtime, licensed under the MIT License, see github.com/microsoft/onnxruntime
5. IP.appify GmbH may modify the Software at any time at its sole discretion and without notice to you, for example to provide updates.

3. Disclaimer

1. Use of the Software is at your own risk.
2. The Software and accompanying documentation are provided on an “as is”. You bear the risk of using it. IP.appify GmbH gives no express warranties or guarantees. To the extent permitted under your local laws, IP.appify GmbH disclaims the warranty of fitness for a particular purpose and non-infringement.

4. Liability limitation

1. IP.appify GmbH is not liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like) arising out of the installation/deinstallation, use or inability to use the Software.
2. To the extent to which liability is limited or excluded, this shall also apply to personal liability on the part of employees, representatives or agents of IP.appify GmbH.

5. Cloud service

1. The translation module of the Software shall be executed through a cloud service provider in a datacenter within the EU which complies with certified standards on data security (e.g. firewalls / strong passwords / backups / fire safety / 24-7 maintenance staff). An annual average of at least 99% uptime availability for the translation service shall be provided. For temporal unavailability or malfunctions and consequences thereof, any liability is disclaimed.
2. IP.appify GmbH will only store processed content on the translation server to the extent technically required to provide the translation service. No texts in source or target language of the processed documents will be stored permanently or included into training data beyond the translated document. Once you have received the translation, all submitted texts and their translations will be deleted on the server. In as much as temporal storage is needed in a cache or queue for translation processing, the storage is limited to a maximum of 15 minutes. Access logs may be stored by IP.appify GmbH for billing purposes and may comprise document file names, document reference signs, translation dates, and amounts of translated content.
3. Access credentials including a password are required for login within the Software and to your user account on this website. Upon entering your credentials, they will be directly transferred to a cloud service provider for authentication checking. You are responsible for keeping your credentials secure and for not disclosing them to any third party. You are also not entitled to resell access credentials to any third parties unless expressly agreed upon otherwise. IP.appify GmbH has no access to your password, will not ask for it at any time, and disclaims liability for any losses and effects thereof. For security reasons, it is recommended to change your password in regular intervals.

5a. Professional non-disclosure agreement

If you are obliged to professional secrecy, the following applies:

1. IP.appify GmbH shall protect third-party secrets made accessible to IP.appify GmbH by you through the use of the IP.Translator software, and is aware of the penal consequences of a breach of the secrecy obligation (liability to imprisonment or a fine) and the otherwise applicable legal provisions.
2. IP.appify GmbH will acquire knowledge of third party secrets pursuant to item i above only to the extent required for the provision of the IP.Translator software functionality.
3. IP.appify GmbH is authorised to involve third parties in the provision of the IP.Translator software functionality. If third parties are involved, IP.appify GmbH shall impose a secrecy obligation in text form on them, insofar as they may acquire knowledge of third party secrets pursuant to this clause within the scope of their activities.
4. You are authorised to terminate the contract with IP.appify GmbH immediately, if the requirements set out under i. to iii. are not complied with.
5. IP.appify GmbH ensures that they will provide their service (possibly involving third parties to provide the IP.Translator software functionality) exclusively and completely in the EU, i.e. none of your data will be stored on servers in non-EU countries.

6. Terms of payment

1. You shall pay a usage-dependent fee as well as a basic fee as agreed upon conclusion of this EULA agreement. The usage-dependent fee is calculated as the number of translated words times the agreed fee rate per word. The basic fee, if not waived, is a fixed minimum fee per billing period, which is credited against the usage-dependent fee.
2. The number of translated words is calculated as follows. If you select to prepare a document to be translated, the Software splits the text of the document into segments, corresponding to automatically tracked sentences. For each segment in the source language, the number of words is determined, counting any consecutive alphanumeric character string (including "-") as a word. The number of words of any segment for which a translation request is processed by the translation module of the Software are added to the total number of translated words. Such translation request is submitted to the translation module upon your selection (e.g. if you select a segment while translation mode is activated or if you select an automatic translation and the translation process reaches the respective segment before being cancelled). Segments of the document for which no translation request is processed are not counted. If the same segment of a prepared document is translated multiple times, its words are counted only once. If you finalize the document, the segmentation is removed and in a repeated processing of the same document, it would be treated as a new document. The number of translated words in the current billing period as determined by the Software can be inspected per started document. You shall check the number of words of the translated document after completion and report discrepancies to IP.appify GmbH without undue delay. This is in particular no longer fulfilled if a new document has already been started. Late filed complaints may be disregarded by IP.appify GmbH in the billing calculation.
3. Licenses of the Software shall be automatically extended as a subscription. The billing periods are calendar months unless stated otherwise at the conclusion of this agreement. The usage-dependent fee and the basic fee are due at the end of each billing period. Invoices shall be sent exclusively in digital form as pdf files to the e-mail address provided by you.
4. If you request a join code by which other users can join your license (organization account), you will be billed for users who have joined your license. You take the sole responsibility to keep the join code confidential from unauthorized persons. You shall verify the users listed on your invoices and report any misuse of your license to IP.appify GmbH without undue delay.
5. Do not join another license with a join code unless you have obtained express authority from the license holder. In case of unlawful use, your access will be disabled and your action may be legally prosecuted.
6. In the event of non-payment of our invoice within the period specified at the conclusion of this agreement (14 calendar days from the receipt of the invoice unless stated otherwise) or in case of abuse, IP.appify GmbH reserves the right to disable access to your entire account and to assign the payment claim to third parties or to collect it in the dunning procedure.
7. You may create only one free account.

7. Termination

1. This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it with a termination period of one week to the end of any billing period upon written notice to IP.appify GmbH by e-mail or post.
2. It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
3. After termination of your license, your registration data will not be actively deleted by us, so as to still allow your later reactivation. If you disagree with the intended storage, you can actively delete your account or terminate your registration, respectively, via a clear declaration (e.g. by post or e-mail).

8. Concluding provisions

1. For preferably never occurring disputes, German law applies and the place of jurisdiction is Munich.
2. Should any provision of these terms and conditions be invalid, the validity of the remaining provisions shall not in any way be impaired thereby. The invalid provision is to be replaced by that valid provision which, in terms of effects, comes closest to the economic purpose intended by the invalid provision.