IPVIJIL.AI Website Terms of Use
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These terms and conditions are entered into by and between you and IPVIJIL.AI LLC. (“IPVIJIL.AI,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Website Terms of Use” or “ToUs”), govern your access to and use of those websites, sub-domains, pages, features, content, and services owned or operated by IPVIJIL.AI or its affiliates (collectively referred to herein as the “Services”), whether as a guest or a registered user.
By using the Website, you represent and affirm that you are of legal age to form a binding contract with IPVIJIL.AI, meet all indicated eligibility requirements, and accept and agree to be bound and abide by these ToUs.
Access and Account Security
If you choose, or are provided with account information (e.g., a user name, password or any other piece of information) whether during the creation of an account for access to the Services, as part of our security procedures, or otherwise, you must treat such account information as confidential, and you must not share account information or disclose it to any other person or entity (other than an authorized account administrator). Your account administrator may use your account information to manage your use and access to the Services. You are responsible for all activity associated with your account even if that activity is not performed by you or is performed without your knowledge or consent. You also acknowledge that your account is personal to you and agree to notify us immediately of any unauthorized access to or use of your account information or any other breach of security.
You may use the Services only for lawful purposes and in accordance with these ToUs and the IPVIJIL.AI Acceptable Use Policy available at IPVIJIL.AI/legal/acceptable-use-policy.
Privacy
It is a condition of your use of the Services that all account information you provide is correct, current, and complete. You agree that all information you provide in connection with the Services or to use any of its features is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
Services Updates and Availability
We reserve the right to withdraw or amend the Services, and any features, functions, elements, or materials we provide on or via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all of the Services, to users, including registered users. You are responsible for keeping your account active including signing in periodically. If you don't sign into an account periodically for which no fee is charged by IPVIJIL.AI, we reserve the right to assume your account is inactive, and you agree that we may close it for you. You understand that you will lose access to any content stored in your account upon closure.
IPVIJIL.AI is based in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, we do not guarantee its functionality, and you are responsible for compliance with local laws.
IPVIJIL.AI and Third-Party Intellectual Property
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by IPVIJIL.AI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The IPVIJIL.AI name, the terms on the site, the IPVIJIL.AI logo and all related names, logos, product and service names, designs, and slogans are trademarks of IPVIJIL.AI or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Except as stated in these Website Terms of Use we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services. This means you may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. All rights not expressly granted are reserved by IPVIJIL.AI. Any use of the Services not expressly permitted by these ToUs is a breach of your agreement with IPVIJIL.AI and may violate copyright, trademark, and other laws.
You must not remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof.
The Services may display, include, or make available content provided by third parties or provide links to third-party websites or services (“Third-Party Materials”). Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. All statements and/or opinions expressed in any Third-Party Materials are solely the opinions and the responsibility of the person or entity providing such content and do not necessarily reflect the opinion of IPVIJIL.AI. We are not responsible, or liable to you or any third party, for the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of any Third-Party Materials.
You hereby agree: (i) to receive communications, including emails, text messages, push notifications, mail and telephone calls, that are related to our Services; that any communications from us may also include marketing materials from us or from third parties; and that any notices, agreements, disclosures or other communications that we send to you electronically are deemed to satisfy any legal communication requirements. You may opt out from receiving our communications by emailing admin@ipvijil.ai or selecting to unsubscribe as may be provided in the applicable correspondence. In addition, if you create an Account, we may allow you to opt in to receive certain communications regarding certain Account activity (any such settings, “Notification Settings”). You may change any Notification Settings through your Account at any time.
DMCA
IPVIJIL.AI respects the intellectual property rights of others, and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”). If you believe your copyrighted material has been infringed upon, please send written notice to: admin@ipvijil.ai
License to your content and feedback
You agree to grant and do hereby grant to IPVIJIL.AI, solely for the purposes of operating or improving the Services, a non-exclusive, worldwide, royalty-free, sublicensable, license to use, reproduce, publicly display, distribute, modify, create derivative works based on, publicly perform, and translate any content created within, or submitted to, the Services by you or on your behalf. As between you and IPVIJIL.AI, you retain all rights and ownership of such submitted content. You may, at your own discretion, choose to provide us with ideas, suggestions, proposals, or bug or crash reports for the Services ("Feedback"). In such event, you agree that we are the owner of such Feedback, and we are free to use it for our business purposes, including by incorporation into the Services or any IPVIJIL.AI product or services without any payment or attribution or other obligation to you.
Fees
By using our Services, you agree to pay the applicable subscription and other fees (the “Fees”) as set forth in the Fee Schedule posted on our Website, which is incorporated herein by reference, or that are otherwise agreed between you and us in a separate order form or related document.
IPVijil uses Stripe Connect service operated by Stripe, Inc. (“Stripe”) to bill you through an online account, as applicable, in lieu of directly processing your credit card information. By using the Stripe payment processing services, you acknowledge that you agree to the Stripe Connected Account Agreement available at https://stripe.com/us/connect-account/legal and you agree to the collection, use and disclosure practices by Stripe set forth in Stripe Privacy Policy, available at https://stripe.com/us/privacy. You also agree that we may change the third party payment service and move your information to other service providers that encrypt your information using transport layer security (TLS) or comparable security technology.
Refunds. Other than as may be expressly set forth on our Website, all Fees are non-refundable once paid.
Warranty Disclaimer
THE SERVICES ARE PROVIDED TO YOU SOLELY FOR GENERAL INFORMATIONAL PURPOSES AND “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IPVIJIL.AI, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, IPVIJIL.AI PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. ANY RELIANCE YOU PLACE ON ANY PROVIDED NFORMATION IS STRICTLY AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL IPVIJIL.AI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY THIRD-PARTY MATERIALS LINKED TO IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, DATA, OR OTHER MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY THIRD-PARTY MATERIALS LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Your Warranty and Indemnification Obligations
You represent and warrant that you have all necessary rights, licenses and permissions to use the Services and to create or submit any content you provide and further to grant the licenses in these ToUs. By using the Services, you agree to defend, indemnify, and hold harmless IPVIJIL.AI, our officers, directors, stockholders, employees, agents, contractors, partners, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses arising from your breach of these Terms, your illegal conduct, or your violation of the rights of any third party, including rights available under our agreements with any other third party. Those claims, liabilities, damages, losses or expenses may include, but are not limited to, reasonable attorneys’ fees, court costs, and costs that arise out of or are in any way connected with your access to or use of the Services, your violation of or failure to perform any obligation under these Terms, or your violation of any rights of any third party.
IP and Reservations
IPVijil includes certain functionality using AI and other tools designed to help streamline patent and intellectual property searches and due diligence, including to create reports and documentation based on your queries (the “Output”). You acknowledge and agree that AI sometimes produces unpredictable, random, incorrect or inapplicable outcomes. You are solely responsible for, and we will have no liability related to, the accuracy, quality, or useability of any of the Output. Without limiting the foregoing, we grant you a perpetual, worldwide, royalty-free right and license to use any Output generated by or for you through the IPVijil based upon your queries, solely for your internal business purposes and not for resale to any third party.
Subject to these Terms and any other agreement between you and us, we hereby grant you a limited, personal, non-transferable, non-exclusive, non-sublicensable, revocable license to access and use any other content, including text, audio, video, images or other content (collectively, “Content”) that we make available through our Services, solely for your personal and non-commercial use, and subject to any restrictions on certain types of content set forth in these Terms. You understand that the Content that is posted on our Services is used by you at your own risk.
We reserve the right to make changes to any Content or descriptions of our Services without obligation to issue any notice of such changes.
You hereby grant to us a non-exclusive, perpetual, irrevocable, worldwide, sub-licensable, transferable, royalty free, fully paid up license to reproduce, distribute, prepare derivative works of, modify, translate, adapt, publicly perform, publicly display and otherwise use your Content that you or any user authorized by you (each, a “User”) upload or provide through IPVijil (your “User Content”).
You are solely responsible for all of your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through our Services, nor any use of your User Content by IPVIJIL on or through our Services, will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We welcome your feedback, ideas and suggestions (collectively, “Suggestions”). If you send us any Suggestions, including as permitted under Section 6(a) of these Terms, you agree that: (1) your Suggestion(s) become our property and you are not owed any compensation in exchange; (2) none of the Suggestion(s) contain confidential or proprietary information of any third party; (3) we may use or redistribute Suggestion(s) for any purpose and in any way; (4) there is no obligation for us to review your Suggestion(s); and (5) we have no obligation to keep any Suggestions confidential.
Subject to these Terms and any other agreement between you and us, we grant to you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use any application we may offer on a compatible mobile device for your personal, non-commercial purposes and use of IPVIJIL, in each case, solely in the manner enabled by us.
Your license to use our Services is automatically revoked if you violate these Terms. From time to time, we may upgrade our Services or make improvements to our Services. You agree that these Terms will apply to all such upgrades or improvements. We retain all rights and interest in our Services. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.
Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the written permission of the third party that may own the trademark or copyright of material displayed on our Services.
Export Compliance
Export laws and regulations of the United States and any other applicable jurisdictions apply to the Services. You agree that such applicable export control laws govern your use of the Services and agree to comply with all such applicable export laws and regulations (including “deemed export” and “deemed re-export” regulations). You agree that no data, information or material from the Services will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws, including nuclear, chemical, or biological weapons proliferation, or development of missile technology.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Severability
If any provision of these ToUs is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these ToUs will continue in full force and effect.
Survival
Following any expiration or termination of these Website Terms of Use, your indemnification obligations and our warranty disclaimers and limitations of liabilities, as well as the dispute resolution provisions provided for in these ToUs shall survive.
Governing Law
These ToUs shall be governed by the laws of the State of Texas, which governing law shall control without giving effect to conflict of law principles and excluding the U.N. Convention on Contracts for the International Sale of Goods, even where adopted as a part of the domestic law of the country whose law governs these Website Terms of Use. Any suit or proceeding relating to this MSA shall be brought exclusively before the state or federal courts located in the State of Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement
These ToUs constitutes the entire agreement between you and IPVIJIL.AI with respect to the Services and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.
Waiver
No waiver by IPVIJIL.AI of any term or condition set out in these ToUs shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of IPVIJIL.AI to assert a right or provision under these ToUs shall not constitute a waiver of such right or provision.
Last Updated: Sun Jul 14, 2024
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