Terms of Service

This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, http://www.patentinspiration.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by AULIVE Software NV.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy http://www.patentinspiration.com/privacy-policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and AULIVE Software NV, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. AULIVE Software NV will notify all clients of any changes to the legal terms, as a topic of their newsletter send to all users,. A client will be bound to the legal terms posted on the moment of contracting and/or invoicing. Existing clients renewing a monthly or yearly membership are subject to the changes in the legal terms posted.

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.

The last update to our Terms of Service was posted on August 9, 2016.

Definitions

The terms “us” or “we” or “our” refers to AULIVE Software NV, the owner of the Website.

A “Visitor” is someone who merely browses our Website, but has not registered as Member.

A “Member” is an individual that has registered with us to use our Service.

A “User” is a collective identifier that refers to either a Visitor or a Member.

Our “Service” represents the collective functionality and features as offered through our Website to our Users.

All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our Service, are collectively known as our “Content”.

Limited License

AULIVE Software NV grants you a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with our Legal Terms. Your use of our Website is solely for the purposes stated within our Legal Terms; any other use is a violation of this license and will result in the revocation of your membership.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. AULIVE Software NV reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Eligibility and Registration for Membership

You may view some of our Content without becoming a Member of our Website. Your membership is not transferable or assignable and is void where prohibited. You certify that you are at least age 13 years of age or older.

During the registration process, you must provide your legal full name, a valid email address and any other information requested in order to complete the registration process.

Any registration by any Member in contravention of the above limitations is unauthorized, unlicensed and in violation of our Legal Terms. You agree to and to abide by all of the terms and conditions of our Legal Terms. AULIVE Software NV has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

When you complete the registration process, you will create a password that will allow you to access our Website. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security regarding your account or information. You agree that AULIVE Software NV shall not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

You also agree that the acquired login will only be used by yourself, a single login shared with multiple people is not permitted; any other use is a violation of this license and will result in the revocation of your membership.

When you significantly exceed the average Service usage (as determined solely by AULIVE Software NV) of other PatentInspiration customers, AULIVE will warn you if you are approaching this level and allow you 7 days to rectify the issue.

Payments, Refunds, Upgrading and Downgrading

When you register for membership, a valid credit card for paying membership is required. You will be charged immediately for your first month when you register for a Basic, Team or Enterprise membership.

The Service is billed in advance on a monthly basis starting on the 30th day after your account was initially created depending on the payment plan selected and is non-refundable. There will be no refunds for partial months of Service or refunds for months unused with an open membership. In order to treat everyone equally, no exception will be made.

For any upgrade or downgrade in plan level, your credit card you provided will automatically be charged the new rate. If you upgrade in the middle of a billing period, you credit card will be charged the prorated amount of the difference of the upgraded plan and the old plan, divided by the number of days remaining in the membership billing cycle.

Downgrading your Service may cause the loss of Content, features or capacity of your membership. AULIVE Software NV does not accept any liability for such loss.

Intellectual Property

AULIVE grants their clients the right to use and copy the Content within their company or within meetings or projects of company with third parties. The clients may also display and distribute the Content in conference presentations.

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. Except as permitted by these terms, the copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

Linking to Our Website

You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your Website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.

Links to Other Websites

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. AULIVE Software NV has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Warranty Disclaimer

AULIVE Software NV reserves the right to change any and all Content and features of our Website, at any time without notice. While our Website is currently free to use, we may begin charging for use of all or part of its features at any time, without notice to you. Prior of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at anytime by posting the changes to the Website or the Service itself. Our Website may be temporarily unavailable from time to time for maintenance or other reasons. AULIVE Software NV assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Content. AULIVE Software NV is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, Website, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or Website, related to or resulting from using, uploading, or downloading materials in connection with our Website. Under no circumstances will AULIVE Software NV be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, or for any interactions between Users of our Website, whether online or offline.

OUR WEBSITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE IS NOT CLAIMING TO BE A COMPLETE PATENT DATABASE. AULIVE SOFTWARE NV IS NOT LIABLE FOR THE INCOMPLETENESS OF THE DATA. OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. AULIVE SOFTWARE NV, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. AULIVE SOFTWARE NV CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE. AULIVE SOFTWARE NV DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED PROGRAMS TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AULIVE SOFTWARE NV. OUR WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.

Limitation of Liability

AULIVE Software NV, as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website; (b) the unavailability or interruption of our Website; (c) your use of our Website; or (d) any delay or failure in performance of our Website.

AULIVE SOFTWARE NV AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. AULIVE SOFTWARE NV AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR WEBSITE, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.

IN NO EVENT WILL AULIVE SOFTWARE NV OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF OUR WEBSITE, EVEN IF AULIVE SOFTWARE NV IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AULIVE SOFTWARE NV’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF OUR WEBSITE.

Indemnification

You agree to indemnify, defend and hold harmless AULIVE Software NV and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates, from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of our Legal Terms or your use of our Website.

Termination of Your Account

If you violate the terms of the Legal agreement, AULIVE will issue you with a notice of the violation and will give you 7 days to rectify the issue. If you remain in breach after the 7 days, AULIVE may terminate the account. You may also voluntarily terminate your account, for this you are solely responsible. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking the Subscription link on the Settings page.

If you cancel the Service before the end of your current billing period, you can continue to use the Service until your account automatically closes at the end of your current billing period.

You understand that if your account is terminated, you will lose access to our Service and any Member Content you have provided. You understand that we are not required to provide you with copies of such Member Content nor continue to maintain copies of such Member Content on our Website.

Arbitration

Any legal controversy or legal claim arising out of or relating to our Legal Terms and/or our Website shall be settled solely by binding arbitration in accordance with the arbitration rules of the Belgian law. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted before the Belgian law, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction within Kortrijk (West-Flanders, Belgium), necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs, but the arbitrator may award arbitration fees and costs, including reasonable attorney fees, to the prevailing party.

General Terms

Our Legal Terms shall be treated as though it were executed and performed in Kortrijk (West-Flanders, Belgium)and shall be governed by and construed in accordance with the laws of Kortrijk (West-Flanders, Belgium), without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of AULIVE Software NV under our Legal Terms shall survive the termination of our Legal Terms.