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"Think It, Dream It, Invent It!"
Effective Date: 3/11/2024
I. PLATFORM AND SERVICES This section outlines the various user roles authorized to access and utilize our intellectual property (IP) services on our digital platforms, the conditions governing such access and utilization, and the process for initiating an account on our platforms.
IDENTIFICATION The IP Invent Terms and Conditions (the "Terms and Conditions ") establish a legally enforceable contract between you ("User" or "you") and IP Invent ("us", "we", "our"), governing your use of the IP services such as writing provisional patent applications, brainstorming patents, and providing provisional patent renders available on our digital hub, ipinvent.com (the "Platform").
The Platform categorizes Users into: - Inventors: Individuals accessing the Platform via an account created to brainstorm, develop, and submit provisional patent applications or ideas for potential patents. - IP Professionals: Individuals or entities exploring the Platform via an account created to offer professional services related to the development, submission, and refinement of patent applications, with possession of a domain-specific email address. For IP Professionals, the terms "User" and "you" also include any entity or organization you represent in accessing our IP services on the Platform. professional processes, excluding any third-party intermediaries not recognized as Inventors or IP Professionals.
DEFINITION Through the Platform, IP Invent, along with our selected partners, presents a comprehensive suite of services designed to facilitate the invention process, patent brainstorming, the creation of provisional patent applications, and rendering patent illustrations, as detailed below (together referred to as the "Services"). Further specifics on each Service are detailed in respective service-specific terms ("Service Terms") referenced below and are incorporated herein by reference: - Service | Service Terms - Brainstorming | Brainstorming Terms - Application Writing | Application Writing Terms - Rendering | Rendering Terms Engaging with the Platform or any Services indicates your acceptance of these Terms and Conditions , any applicable Service Terms, and our Privacy Policy accessible at https://ipinvent.com/privacy (together, the "Terms"). Should you disagree with any Terms, your recourse is to refrain from using the Platform or the Services. IP Invent reserves the right, but is not obligated, to offer assistance, updates, or enhancements to the Platform or Services at our discretion without prior notification. Any such updates will be incorporated into the Services and governed by the Terms.
ENGAGEMENT To utilize the Services, the creation of an account ("Account") and completion of a related User profile with accurate and current information is required. You agree to maintain the confidentiality of your Account password and to promptly notify us of any unauthorized access. You are responsible for all activities that occur under your Account. IP Professionals have the option to delegate access permissions to other User accounts ("Delegated Users") for the purpose of collaborative patent development and/or communication. By assigning these permissions, you confirm that any Delegated User is authorized to act on your behalf, you accept financial responsibility for their actions under such permissions, including any legally binding contracts, and you will ensure their adherence to the Terms.
II. OWNERSHIP AND MANAGEMENT OF CONTENT This section addresses the rights related to the access, utilization, and governance of content, data, and information made accessible on or via the Platform and the Services. Terminology: - "Content" includes texts, graphics, images, software, audio, video, information, or other materials posted, generated, provided, or made accessible through the Services. - "User Content" refers to any Content that you or any User of your Account submits to be made accessible through the Services. Content Ownership by Us: While we claim no ownership over User Content, we hold all rights, titles, and interests in the Services and Content, including intellectual property rights. You acknowledge that the Services and Content are protected under copyright, trademark, and other legal statutes. You agree not to modify or conceal any copyright, trademark, or proprietary rights notices, recognizing IP Invent's right to perform checks or screenings at its discretion. Rights in User Content Granted by You: By submitting User Content through the Services, you grant us a worldwide, royalty-free license to use, adapt, and distribute your User Content in connection to operating, enhancing, and promoting the Services and Content to you and others. This revised section ensures alignment with the nature of IP Invent's services and the environment in which they operate, focusing on intellectual property rather than talent engagement.
IP Invent commits to maintaining the confidentiality and security of your User Content in accordance with our Privacy Policy and applicable laws and regulations. However, you acknowledge that the anonymized, aggregated data derived from User Content may be used by IP Invent for business purposes, including the development and enhancement of our services, without restriction.
By agreeing to these Terms, you expressly consent to the aforementioned use of your User Content and acknowledge that this consent is a fundamental part of the agreement between you and IP Invent, enabling us to provide you with our Platform and Services.
Your Accountability for User Content: You are solely accountable for your User Content, ensuring ownership or all necessary rights to grant us the license to your User Content under these Terms. Additionally, you guarantee your User Content does not infringe upon any third party's rights or violate any laws.
Content Removal: You may withdraw your User Content at any time, although some of your User Content may persist in the Services. We bear no liability for the removal or deletion failures of any User Content. Content Control Rights: While not obligated, IP Invent may monitor, edit, or manage Content posted via the Platform and Services. Our non-action in this right does not grant you any claim against IP Invent. Content uploaded via the Services may be altered or erased at any time without prior notice.
III. PROMISES AND RESTRICTIONS This section outlines the commitments and limitations you agree to for accessing and utilizing the Platform and the Services. Our mission is to facilitate the innovative process of inventing and patenting, supporting inventors and IP professionals alike. In pursuit of this mission, you agree to:
- Possess the legal authority to bind yourself and any entity you represent to these Terms. - Be of legal age to form a binding contract or have parental or guardian consent if underage, having thoroughly reviewed the Terms and Conditions , Service Terms, and Privacy Policy. - Use the Platform and Services lawfully, based on your residency, jurisdiction, or access location. - Safeguard your login credentials. - Disclose any third-party representations in connection to the Platform or Services. - Regularly update your registration and Content for accuracy and completeness. - Maintain professional conduct and integrity in all interactions associated with IP Invent, the Platform, and Services. - Acknowledge that IP Invent does not guarantee the accuracy or reliability of any Content or communications posted on the Platform or Services. - Recognize that the Services may feature advertisements for which you hold no claims against IP Invent. You are prohibited from: - Misrepresenting your identity or affiliations. - Registering or using the Platform or Services if previously barred or removed by IP Invent. - Reproducing Content without explicit permission or competing against IP Invent with the Platform or Services. - Engaging in inappropriate conduct towards any User or third party, including posting fraudulent, deceptive, or inappropriate User Content. - Interfering with the Platform or Services' security or integrity. - Utilizing the Platform or Services for any purpose other than those related to inventing and patenting.
IV. PRIVACY AND CONFIDENTIALITY This section discusses our information collection and usage policies, alongside your confidentiality obligations regarding the use of the Platform and the Services. IP Invent prioritizes your privacy. Our Privacy Policy elucidates how we collect and utilize information through the Services. You commit not to disclose other Users' Content without their consent. As an Inventor, you pledge to keep communications from IP Professionals confidential, barring patent applications and related discussions. As an IP Professional, you vow to maintain the confidentiality of Inventor information and only disclose it within your organization or network as necessary for the development and filing of patents. You agree to safeguard Content obtained from the Platform against misuse or unauthorized disclosure.
V. WAIVER AND RESPONSIBILITY This section details your agreement to relinquish claims against IP Invent and its affiliates for certain issues and to compensate us for costs or losses related to your use of the Platform and the Services. Release: You irrevocably relinquish any claims you might have against IP Invent, its affiliates, and their respective directors, officers, employees, agents, and representatives (collectively, the "IP Invent Parties") pertaining to:
- The Platform, Services, or your engagement with Content, including reliance on the quality, accuracy, or reliability of patent-related information, guidance, or services available through the Platform or Services. - Misstatements, inaccuracies, misrepresentations, or omissions in Content, and your reliance thereon. - Any third-party use of Content obtained from the Platform or Services, including misappropriation, infringement, or unlawful activities. - Your inability to access or use the Platform, Services, or Content due to account suspension, termination, technical issues, or disruptions affecting the Platform or Services.
Accuracy of Data and Disclaimers: IP Invent and its affiliates take no responsibility for the accuracy, completeness, or reliability of any data provided on the platform, including User Content. We make no guarantees regarding the correctness or up-to-dateness of information presented. As such, you agree that your reliance on any data or information obtained through the platform is at your own risk.Responsibility for Patent Decisions: It is expressly understood that IP Invent provides a platform for engagement between Inventors and IP Professionals but does not partake in the actual filing or legal decisions related to patents. You acknowledge that you are solely responsible for all decisions related to the development, submission, and management of patent applications. IP Invent bears no liability for these decisions. By using our platform, you accept full responsibility for the outcomes of your patenting processes, including the accuracy and validity of patent applications, and adherence to patent laws and regulations.
You bear full responsibility for your use of the Platform, Services, and for any Content you provide, including the consequences thereof, such as the use of your Content by other Users and third parties. Inventors and IP Professionals assume all liability for ensuring that any collaborative work complies with applicable intellectual property laws and is properly filed with the relevant patent offices. Both parties acknowledge that IP Invent does not supervise, direct, control, set work conditions, provide training, equipment, materials, supervision, or determine the specifics of any intellectual property developed. Inventors and IP Professionals are solely responsible for all legal filings and compliance with patent laws related to engagements resulting from their use of the Platform or Services.
You recognize that IP Invent is not involved in any dealings between Users, including relationships or transactions between inventors, IP professionals, and other participants. Users are solely responsible for verifying Content, determining the suitability of partnerships for patent projects, assessing the reputation of IP professionals, and negotiating and executing agreements related to intellectual property development. Indemnity: You agree to defend, indemnify, and hold harmless the IP Invent Parties from any claims, damages, losses, liabilities, costs, and expenses arising from your or your Delegated Users' use of the Platform or Services, violation of the Terms, infringement of third-party rights, disputes with other Users, or negligence, willful misconduct, or fraud. You are liable for all Content uploaded, posted, emailed, transmitted, or disseminated using the Platform and Services.
VI. LIABILITY LIMITATION This section restricts our liability regarding your engagement with the Platform and Services. You acknowledge that IP Invent shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages related to the Platform, Services, or Content. The collective liability of IP Invent and its affiliates shall not exceed the greater of the fees you paid to IP Invent in the preceding twelve months or one hundred dollars ($100.00).
VII. WARRANTY DISCLAIMER This section disclaims any warranties concerning the Platform, Services, and Content. IP Invent disclaims all implied warranties and representations, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement. The Platform, Services, and Content are provided "as is" and "as available," without any guarantees of security, uninterrupted operation, or error-free functionality.
VIII. RIGHTS OF THE COMPANY This section delineates our rights concerning the ownership, alteration, and termination of the Platform and Services. Ownership: All rights, titles, and interests in and to the Platform and Services remain exclusively with IP Invent and its licensors. You agree not to use IP Invent's name, trademarks, or other proprietary features without our express permission. Rights to Modify the Services: IP Invent reserves the right to modify, suspend, or discontinue the Services or access to the Platform at any time without notice. Rights to Terminate Access: IP Invent may terminate your access to the Platform and Services without notice for any violation of the Terms. Rights to Refuse or Cancel Registration: IP Invent may refuse or cancel your Account at its discretion for any reason. No Obligation to Compensate for Content: IP Invent is not obligated to compensate you for your activities on the Services or to feature your Content.
IX. COPYRIGHT POLICY This section outlines our policy on copyright infringement and the procedure for reporting and removing infringing or prohibited Content. IP Invent respects the intellectual property rights of others and expects the same from our Users. We will respond to claims of copyright infringement in compliance with applicable laws. If you believe your copyrighted work has been reproduced on the Platform or Services without authorization, please notify us with the necessary information as outlined in the DMCA. We reserve the right to remove content alleged to be infringing and to terminate accounts of repeat infringers.
X. DURATION AND CESSATION This section discusses the duration of the Terms and the conditions under which they may be terminated. The Terms remain effective while you engage with the Platform or Services. You may terminate the Terms by removing all User Content and ceasing your use of the Platform and Services. IP Invent may terminate the Terms at any time if you breach any provision. Upon termination, you must eliminate all Content acquired through the Platform or Services.
XI. USER DISPUTES This section details our rights to oversee User disputes and your obligation to release and indemnify IP Invent from damages arising from disputes with other Users. IP Invent may, but is not obligated to, monitor and/or manage disputes between Users. If you have a dispute with another User, you release and agree to indemnify IP Invent from any claims, demands, and damages related to such a dispute.
XII. DISPUTE RESOLUTION This section mandates the use of arbitration for dispute resolution and limits your rights to bring claims in court or participate in class actions. By agreeing to the Terms, you waive your right to a jury trial or class action. Disputes must be resolved through arbitration in accordance with the AAA rules. Arbitration shall be confidential and limited to the dispute between IP Invent and you. Class actions are prohibited, and you have the option to opt out of arbitration within 30 days of registering for an Account.
XIII. FEEDBACK UTILIZATION This section grants us the right to use any feedback, comments, and suggestions for improvements you provide. We welcome and may use your feedback for any purpose, granting us a worldwide, royalty-free license to use, modify, and exploit the feedback.
XIV. TERMS ADJUSTMENT This section reserves our right to modify the Terms and any Services. IP Invent may alter the Terms or change the Services at any time. Changes become effective upon posting on the Platform, and your continued use of the Services indicates acceptance of those changes.
XV. REFUNDS AND DISPUTES This section outlines our policy on refunds and chargebacks. Refunds for Services fees are generally not provided unless specifically agreed upon in writing. You agree to contact IP Invent before disputing any payments made on the Platform or Services. This approach ensures a fair resolution for all parties involved, taking into consideration the specific circumstances of the service provided.
XVI. ADDITIONAL CLAUSES This section includes extra terms regarding the interpretation and application of the Terms, governing law, and other miscellaneous provisions. The Terms are governed by the laws of the United States and the State of Delaware. All disputes not subject to arbitration shall be resolved in the courts of San Francisco County, California. The Terms constitute the complete agreement between you and IP Invent and supersede all prior understandings. You may not assign the Terms without IP Invent's prior written consent.
XVII. COMPLIANCE WITH LAWS You agree to comply with all applicable local, state, national, and international laws, statutes, ordinances, regulations, contracts, and applicable licenses regarding your use of the Platform and the Services. This includes, but is not limited to, compliance with laws related to intellectual property, data privacy, international communications, and the transmission of technical or personal data.
XVIII. CHANGES TO SERVICES We reserve the right to change, suspend, or discontinue any aspect of the services at any time, including hours of operation or availability of the service or any feature, without notice and without liability.
XIX. INTELLECTUAL PROPERTY RIGHTS Except for the license you grant under these Terms, you retain all rights, title, and interest in and to your User Content. We reserve all rights not expressly granted under these Terms to the Platform, the Services, and our Content. We may use any feedback, comments, or suggestions you provide without any obligation to you.
XX. CONFIDENTIALITY You agree not to disclose information you obtain from us and or from our clients, partners, and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of IP Invent. Such customer information is confidential and may not be disclosed. Users agree not to reproduce, disseminate, sell, distribute, or commercially exploit any such proprietary information in any manner.
XXI. NON-SOLICITATION During the term of this agreement and for a period of twelve (12) months after its termination, you agree not to solicit for partnership, hire, or engage as an independent contractor, or solicit to leave the partnership of the company, any employee of IP Invent or any of its affiliates.
XXII. TERMINATION AND SURVIVAL Either party may terminate this Agreement at any time with notice. Upon termination or expiration of this Agreement for any reason, all rights and obligations of the parties under this Agreement will cease, except that all obligations that accrued prior to the effective date of termination and any obligations that by their nature are intended to survive termination (including obligations relating to confidentiality, indemnification, and liability limitations) will survive.
XXIII. GOVERNING LAW AND JURISDICTION This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law rules. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the District of Delaware, and the parties hereby consent to personal jurisdiction and venue therein.
XXIV. SEVERABILITY If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
XXV. ENTIRE AGREEMENT These Terms, together with any amendments and any additional agreements you may enter into with IP Invent in connection with the Service, shall constitute the entire agreement between you and IP Invent concerning the Service.
XXVI. NO WAIVER The failure of IP Invent to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
XXVII. AMENDMENTS We reserve the right to amend these Terms at any time and without notice. Your continued use of the Platform and Services after any amendment signifies your agreement to the changes.
XXVIII. Dispute Resolution Enhancement Dispute Resolution Process: Any dispute, controversy, or claim arising out of, relating to, or in connection with this agreement, including any question regarding its existence, validity, or termination, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in [City, State, Country], and conducted in the English language. Each party shall be responsible for its own attorney's fees and the cost of arbitration shall be shared equally between the parties, unless the arbitrator decides that the costs should be borne differently as part of the award. The decision of the arbitrator shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
XXIX. User Conduct and Prohibited Activities Prohibited Activities: Users are strictly prohibited from engaging in any form of harassment, illegal activities, posting of illegal content, unauthorized use of data, attempts to disrupt the functionality of the platform, or any other activities deemed malicious, inappropriate, or harmful by IP Invent. Violation of this clause may result in immediate termination of the user's account, legal action, and reporting to relevant authorities.
XXX. Access and Interference Restriction on Automated Access: Users may not use any robot, spider, scraper, or other automated means to access the platform for any purpose without the express written permission of IP Invent. Unauthorized access or interference with the platform's operations, including data harvesting, system overload attempts, or circumvention of security or authentication measures, is strictly prohibited and may result in legal action.
XXXI. Data Protection and Security Data Protection: IP Invent is committed to protecting the security and privacy of your personal data. We employ a variety of security technologies and measures designed to protect your data from unauthorized access, use, or disclosure. Despite our efforts, no security measures are impenetrable, and users acknowledge the inherent security risks of providing information online.
XXXII. Changes to Service Modifications to the Service: IP Invent reserves the right to modify, suspend, or discontinue any aspect of our services at any time, including features and availability, without prior notice. Significant changes will be communicated to users via email or through notifications on our platform. Users have the right to terminate their use of the service if they do not agree with the changes, as their continued use of the service after changes have been made constitutes acceptance of those changes.
XXXIII. Force Majeure Force Majeure: Neither party shall be liable for any failure to perform its obligations under this agreement if such failure is caused by unforeseeable events beyond its reasonable control, including but not limited to natural disasters, war, terrorism, government actions, pandemics, or labor strikes ('Force Majeure Events'). Both parties shall promptly notify each other of the occurrence of any such event and shall exert all reasonable efforts to mitigate the effects of the force majeure event.
XXXIV. Assignment Assignment: Users may not assign or transfer their rights or obligations under this agreement to any third party without the prior written consent of IP Invent. Any unauthorized assignment shall be deemed null and void.
XXXV. Electronic Communications Agreement Consent to Electronic Communications: By using our platform, you consent to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with your IP Invent account and your use of our services. We will provide these communications to you by posting them on the IP Invent website, emailing them to your registered email address, or through other electronic communication methods.
XXXVI. Survival of Terms Survival: Provisions of these Terms that, by their nature, should survive termination of your account or this agreement, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive indefinitely.
XXXVII. Feedback Ownership Feedback: Any feedback, comments, or suggestions you may provide regarding IP Invent or the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you. By submitting feedback, you grant us a perpetual, irrevocable, non-exclusive, worldwide license to use, modify, and publish such feedback for any purpose, without compensation to you.
XXXVIII. Waiver of Class Action and Jury Trial Waiver of Class Action and Jury Trial: YOU AND IP INVENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and IP Invent agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
XXIX. USER INVENTION AND IDEA OWNERSHIP Ownership of Inventions and Ideas: IP Invent acknowledges and agrees that Users retain full ownership of any inventions, ideas, concepts, drafts, and intellectual property ("User Inventions") created, submitted, or developed on the IP Invent Platform. This clause affirms the User's exclusive ownership and rights to their User Inventions, irrespective of the stage of development or submission on the Platform. IP Invent claims no ownership, interest, or rights in any User Inventions, except as explicitly granted by the User under separate agreements or terms. Users grant IP Invent a limited, non-exclusive, revocable license solely for the purpose of providing the Services offered on the Platform, including facilitating brainstorming sessions, drafting provisional patent applications, and creating renders related to the User Inventions. This license is for the sole purpose of enabling IP Invent to offer and improve its Services and does not extend to any commercial use or distribution of User Inventions without the explicit consent of the User.
By using the IP Invent Platform, Users confirm their understanding and agreement that they are the original creators of their submitted inventions and ideas, hold all necessary rights to them, and are fully responsible for protecting such rights. IP Invent encourages Users to seek independent legal advice to protect and manage their intellectual property rights effectively.
Jury Trial Waiver: YOU AND IP INVENT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and IP Invent agree instead that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the "Dispute Resolution Process" clause above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
PLATFORM AND OFFERINGS This section outlines the various user roles authorized to access and utilize our intellectual property (IP) services on our digital platform, the conditions governing such access and utilization, and the process for initiating an account on our platforms.
IDENTIFICATION The IP Invent Terms and Conditions (the "Terms and Conditions ") establish a legally binding agreement between you ("User" or "you") and IP Invent (ipinvent.com) ("IP Invent", "us", "we", "our"), governing your use of the patent drafting, brainstorming, and rendering services offered on our digital hub, ipinvent.com (the "Platform").
The Platform serves Users interested in: - Inventors: Individuals using the Platform with an account aimed at seeking assistance in drafting provisional patent applications, brainstorming patent ideas, or obtaining patent renders. - Legal Professionals: Individuals accessing the Platform with an account intended for professional legal consultation in IP matters, possessing domain-specific credentials related to IP law. For Legal Professionals, the terms "User" and "you" also cover any legal entity or organization represented in accessing our IP services on the Platform. Access to and use of the Platform and its services are strictly limited to those not performing as third-party IP brokers or agents unless recognized as Inventors or Legal Professionals.
DEFINITION Through the Platform, IP Invent, along with our selected partners, offers a variety of services aimed at enhancing the patent application process for Inventors and providing resources for Legal Professionals (collectively referred to as the "Services"). Additional details on each Service are outlined in respective service-specific terms ("Service Terms") referenced below and are incorporated herein by reference: - Patent Drafting | Patent Drafting Terms - Idea Brainstorming | Brainstorming Terms - Patent Rendering | Rendering Terms Your engagement with the Platform or any Services indicates your acceptance of these Terms and Conditions , any applicable Service Terms, and our Privacy Policy accessible at https://ipinvent.com/privacy-policy (collectively, the "Terms"). Should you disagree with any of the Terms, your recourse is to refrain from using the Platform or the Services. IP Invent reserves the right, though is not obligated, to provide support, updates, or enhancements to the Platform or Services at our discretion without prior notice. Any such updates will be incorporated into the Services and governed by the Terms.
ENGAGEMENT To utilize the Services, creating an account ("Account") and completing a related User profile with accurate and current information is required. You are responsible for maintaining the confidentiality of your Account password and must promptly notify us of any unauthorized access. You are responsible for all activities conducted under your Account. Legal Professionals may grant access permissions to other User accounts ("Delegated Users") for purposes related to IP consultation or communication. By granting these permissions, you affirm that any Delegated User is authorized to act on your behalf, accept financial responsibility for their actions under such permissions, including any legally binding contracts, and ensure their compliance with the Terms.
OWNERSHIP AND MANAGEMENT OF CONTENT This section addresses rights related to the access, use, and management of content, data, and information made available on or via the Platform and the Services. Terminology: - "Content" includes texts, graphics, images, software, audio, video, information, or other materials posted, generated, provided, or made accessible through the Services. - "User Content" refers to any Content that you or any User of your Account submits to be made accessible through the Services.
Content Ownership by Us: While we claim no ownership over Users Content, we retain all rights, titles, and interests in the Services and Content, including intellectual property rights. You acknowledge that the Services and Content are protected under copyright, trademark, and other legal statutes. You agree not to alter or obscure any copyright, trademark, or proprietary rights notices.
You acknowledge and agree that by using our Platform, you are not receiving legal services, and we are not responsible for any USPTO rejections or lawsuits that may arise from patents you file based on the use of our Services. It's crucial that you consult with a qualified attorney for legal advice on your patent applications and intellectual property strategy.
Disclaimer of Responsibility for Idea Leakage: We take reasonable precautions to protect your User Content; however, we cannot guarantee the confidentiality of any information or ideas you share on our Platform. You acknowledge and agree that sharing your ideas on the Platform is at your own risk, and IP Invent shall not be responsible for any leakage or unauthorized use of your ideas.
Not a Legal Service: IP Invent provides tools and resources to assist in the provisional patent application process but does not offer legal advice or services. You acknowledge that the Services are not a substitute for professional legal advice from a qualified attorney. We strongly recommend consulting with an attorney to ensure your intellectual property is properly protected and to navigate the complexities of patent law.
Liability for USPTO Rejections and Legal Disputes: You understand and agree that IP Invent is not responsible for any rejection of patent applications by the United States Patent and Trademark Office (USPTO) or any other patent authority worldwide. Furthermore, IP Invent shall not be held liable for any legal disputes, litigation, or lawsuits that may arise from the patents filed or intellectual property developed based on the use of our Services. It is your responsibility to ensure that your inventions and intellectual property do not infringe on the rights of others and to defend your patent applications and patents against challenges.
Indemnification: You agree to indemnify, defend, and hold harmless IP Invent, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, your use of the Services, or any activity related to your Account (including negligent or wrongful conduct) by you or any other person accessing the Platform using your Account.
Limitation of Liability: In no event shall IP Invent or its affiliates be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform and Services, with the delay or inability to use the Platform and Services, the provision of or failure to provide Services, or for any Content, or otherwise arising out of the use of the Platform and Services, whether based on contract, tort, negligence, strict liability, or otherwise, even if IP Invent has been advised of the possibility of such damages.
Disclaimer of Warranties: The Platform and Services are provided on an "as is" and "as available" basis. IP Invent expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. IP Invent makes no warranty that the Services will meet your requirements, that the Services will be uninterrupted, timely, secure, or error-free, or that the results obtained from the use of the Services will be accurate or reliable.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which IP Invent operates, without giving effect to any principles of conflicts of law.
Arbitration: Any disputes arising out of or related to these Terms or the Services shall be resolved by binding arbitration in accordance with the rules of a recognized arbitration association as agreed upon by the parties.
Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Modification of Terms: IP Invent reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By using the Platform and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications. If at any time you do not agree to these Terms, please immediately terminate your use of the Platform and Services.
We appreciate your interest in IP Invent and look forward to assisting you with your provisional patent applications, patent brainstorming, and rendering needs.
EFFECTIVE DATE These Terms, as amended, are effective as of March 11th, 2024, superseding any prior versions.
CONTACT INFORMATION For questions or concerns about these Terms, please contact us via email at: info@ipinvent.com