Terms and conditions
Here described are the terms and conditions (valid as of 01 November 2018) 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.
- By registering on this website or creating a user account for the EPC.App (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 EPC.App or (2) to the contact e-mail address provided by you.
2. Services and rights
- We continuously work on improving the EPC.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 after conclusion of the contract and to activate updates for all users automatically.
- We respect that user annotations belong 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, it may however, in exceptional cases, become necessary to access data sets. We reserve such right for these purposes. Correspondingly, we recommend not storing personal data in comments of the EPC.App.
- The legal texts depicted in the EPC.App (displayed in black) originate from the European Patent Office (www.epo.org). In as much as being official publications, they are 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. 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, 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 are included, which respectively appear in a separate browser window.
- 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.
- The EPC.App forms a commentary of law that shall allow easy entry as well as efficient working with the European Patent Convention. To this end, complex situations are intentionally described in simplified manner. The content of the EPC.App is not to be understood as professional legal advice and, with respect to completeness and correctness, any liability is disclaimed.
- We seek for smooth operation of the EPC.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.
- The contents of the EPC.App, including your user annotations, get stored in a database in a datacenter of 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.
- Despite thorough checking of content, we assume no liability for the contents of external links. The content of linked pages falls under the sole responsibility of their operators.
4. User duties
- 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.
- 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 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.
- Also the created PDF files and printouts thereof are limited to the exclusive use by the registered user and may not be handed over to others or copied for distribution purposes.
- Each user may create only one free account.
- Any action which may impair the proper functioning of this website, in particular creates excessive load thereon (e.g. by data-mining) is prohibited.
5. Duration and terms of payment
- 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. PayPal, Wirecard). In this case we only receive a credit and do not know your bank or credit card details. In case of payment issues, you then have to resolve them with the payment service provider.
- We would like to provide you access to the EPC.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. 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 customers, acquired licenses are generally not refundable.
- 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 a further interval of the expired duration, at the price offered at the time of renewal for the renewal interval. If the price has increased compared to the expired interval of the same length, you will be granted a special right of termination in a corresponding notification. 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: email@example.com).
- 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 otherwise stated), we reserve the right to disable access for the respective account and to assign our claim to third parties.
- 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).
6. Concluding provisions
- For preferably never occurring disputes, German law applies and the place of jurisdiction in Munich.
- 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.
As a customer, you are in principle entitled to the right of cancelling a distance selling contract within 14 days from the day of concluding the contract and without providing any reasons. For exciting your right of cancellation, you need to inform us (IP.appify GmbH, Radeckestr. 43, 81245 Munich, e-mail: firstname.lastname@example.org) via a clear declaration on your decision to cancel this contract (e.g. by post or e-mail). For observing the cancellation period, it is sufficient to submit the notice on exciting the right of cancellation before expiry of the cancellation period. In such case, we have to refund all payments that we received from you without delay and at the latest within 14 days from the day on which your notice on cancellation of this contract has been notified to us.
For avoiding to wait for the 14 days of cancellation period until execution of the contract, and rather providing you access to the EPC.App as soon as possible, the following provision is applied ( § 356(5) BGB): The right of cancellation lapses for a contract on the delivery of digital contents that are not provided on a physical medium such as the EPC.App, if the operator has started execution of the contract after the customer has explicitly agreed that the operator starts execution before expiry of the cancellation period and if he has confirmed his knowledge of losing, by the approval, his right of cancellation with the start of execution of the contract.
For the EPC.App, our execution of the contract starts with providing you access and, upon agreement with these cancellation terms, you declare your consent with receiving this access before expiry of the cancellation period.