Terms and Conditions of Use

 

1. Scope

1.1 PatAlert is a web service, provided by Awa Holding AB [and Awa A/S] (individually and jointly “Awa”, “we”, “us” or “our”), which provides global surveillance of patents presented in an actionable way. The data is extracted from the European Patent Office’s databases.

 

1.2 These terms and conditions of use (the “Terms”) govern the use and access to our PatAlert service.

 

1.3 By signing up or otherwise using PatAlert or accessing any content or material that is made available by Awa through PatAlert (the “Content”) you are entering into a binding contract with Awa and accepting the terms and conditions of the Terms.

 

1.4 If you're using PatAlert on behalf of a company, organization, entity, or brand (a “Brand”), you're agreeing to the Terms on behalf of that Brand. The terms “you” and “your”, as used throughout the Terms, apply to both you and the Brand, as applicable. If you use PatAlert on behalf of a Brand, you represent and warrant that you are authorized to bind the Brand to the Terms.

 

2. Changes to the Terms

From time to time Awa may modify existing terms of the Terms or update these terms with additional terms that apply to the PatAlert. When we make any modifications to the Terms, we will provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the PatAlert or by sending you an email. Such modifications will take effect one month after the date of the notice concerned. You are entitled to object to the modifications within one month of receipt of the notice. Your continued use of the PatAlert after the modifications have been made will constitute your acceptance of the modifications and adaption of the Terms between yourself and Awa accordingly.

 

3. Using PatAlert

3.1 In order to access PatAlert, you must register to create an account. During the registration process, you will be required to provide certain information and you will establish a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Awa reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.

 

3.2 You may only create and use one (1) account.

 

3.3 PatAlert may only be used in accordance with the Terms for the agreed permitted use, i.e. unless otherwise is agreed and in addition to what follows from the general specifications of PatAlert, the +. In addition PatAlert may not be used for illegal purposes or purposes that violate any applicable laws or regulations or for any other purposes that are or may be perceived as illegal, obscene, abusive, libellous, threatening, vulgar or otherwise can be regarded reprehensible.

 

3.4 You must follow any policies made available to you within PatAlert. Awa may investigate, suspend or terminate PatAlert to you at any time if we find your use of PatAlert violates the Terms or any policies.

 

3.5 PatAlert and the Content are the property of Awa or Awa’s licensors. Except for the rights expressly granted to you in the Terms, Awa does not grant you any ownership of or any other rights to PatAlert or the Content.

 

3.6 All Awa trademarks and domain names, and any other features of the Awa brand are the sole property of Awa. The Terms do not grant you any rights to use any such brand features.

 

3.7 By using PatAlert you also accept to, where applicable, comply with the European Patent Organisation’s terms and conditions for use of the European Patent Office’s Open Patent Services.

 

4. Your Information

4.1 The information you provide us with when using PatAlert is yours. The Terms don’t give us any rights to your information except for the limited rights that enable us to offer the PatAlert or otherwise granted by you in the Terms.

 

4.2 You are responsible for that the information you provide us with is accurate, current and complete.

 

5. Modifying and Terminating PatAlert

5.1 Awa may at any time, without liability to you, add or remove functionalities or features on the normal course of improving, changing or updating PatAlert.

 

5.2 We may also, without liability to you, at any time suspend or stop PatAlert with at least one (1) month notice prior to the complete shutdown of PatAlert.

 

5.3 Awa has no obligation to maintain, support, upgrade or update PatAlert or to provide all or any specific content through PatAlert. Awa or the owners of any Content may, from time to time, remove any such Content without notice.

 

6. Personal Data

6.1 The use of PatAlert entails various types of personal data being processed. Personal data is all kinds of information which is directly or indirectly referable to a natural living person.

 

6.2 Awa may collect the following information, including personal data, about you or your physical representatives (“Data Subject”):

 

(a) Registration data: When creating an account with PatAlert, you are required to provide the following information: name of the company, password, name of the user/contact person, email. Please note that Awa is unable to provide PatAlert unless you provide this personal data.

 

(b) Patent data: When creating an account with PatAlert, you are required to provide the following information: Public patent application number, names of competitors, patent classification number/s.

 

(c) Payment data: When creating an account with PatAlert, you are required to provide the following information: organizational number, physical address, name of contact person, email, phone number and which kind of subscription you wish to buy.

 

(d) Usage information: When you use PatAlert certain information will be collected automatically, including: All activities in the ecosystem surrounding your patents plus all activities in the ecosystem surrounding the companys and classifications you have chosen to watch.

 

6.3 Awa will process the information described above in this Section 6.2 for the following purposes:

 

(a) to administrate your account, to enable and provide PatAlert and integration with third party services such as the European Patent Office’s databases, and to otherwise fulfil the Terms,

 

(b) to send you alerts, reports or messages by email or otherwise, including to provide you with relevant marketing offerings,

 

(c) to improve and develop PatAlert or new services and products and to analyse your use of PatAlert,

 

(d) to ensure the technical functioning of PatAlert and to monitor and prevent use of PatAlert in breach of the Terms,

 

(e) to enforce the Terms, including to protect the rights, property and safety of Awa and other persons,

                                                       

(f) as necessary to allow financing or transfer of all or part of Awa, and

(g) to fulfil requirements by law.

 

6.4 Please note that Awa may not be able to provide PatAlert in full unless the information stated above is provided by the Data Subject.

 

6.5 By entering into these Terms you agree to receive direct marketing from Awa, e.g. by email or otherwise. You may refuse your personal data being used for direct marketing and you may recall your prior consent.

 

6.6 Awa may disclose the personal data about the Data Subject to its contractors, partners, potential investors in or buyers of all or part of Awa, within and outside the EU/EEA, for the above stated purposes. You understand and agree that the privacy policy of third parties will govern all use of information provided under this Section. You expressly consent to your personal data being used as described in this Section.

 

7. Fees and Payment

7.1 Payment is due to Awa in the form of the subscription fee applicable at the given point in time. Information on current fees will be provided by Awa when you register your account and upon request. The applicable rate of VAT will be added to all prices.

 

7.2 Fees are payable in advance, against invoice, for a period of three (3) months, and are to be paid no later than 30 days after the issue date of the invoice. Interest on overdue payments will be charged by default according to applicable law.

 

8. Complaints and Claims

8.1 We are committed to your satisfaction and to ensuring that our services meet your needs and expectations. If, for any reason, you should be dissatisfied or have a complaint, we ask you to promptly notify us. We will investigate your complaint and endeavour to answer any questions you may have.

 

8.2 Any claim must be made in writing and be accompanied by an account of our alleged fault or negligence and your loss or damage caused thereby. In order to be enforceable, the claim must be submitted within a reasonable time but not later than twelve months after the date when you became (or, after reasonable investigations, could have become) aware of the loss or damage and that our alleged fault or negligence may have occasioned that loss or damage or the date on which the last invoice was issued regarding your account. Regardless of the foregoing, a claim cannot be made under any circumstances after the expiry of the period of limitation that applies according to applicable law.

8.3 If your claim is based on a claim against you by a third party, we or our insurers shall be entitled to meet, settle and compromise such claim on your behalf, provided that – taking into consideration the limitations of our liability towards you under these Terms or other document – you are indemnified by us. If you meet, settle, compromise or otherwise take any action in relation to such claim without our consent we will have no liability for that claim.

 

8.4 If you are compensated by us or our insurers in respect of a claim, you shall, as a condition for such compensation, be obliged to transfer the right to recourse against third parties by way of subrogation or assignment to us or our insurers.

 

9. Warranty Disclaimer

9.1 Other than specifically set forth herein, PatAlert and the Content are delivered to you on an “as is” basis, and Awa does not grant any warranties, express or implied or otherwise, including, without limitation, as to the accessibility, accuracy, completeness, quality, suitability, timeliness, truthfulness, non-infringement, merchantability, fitness for a particular purpose or performance of PatAlert or the Content.

 

9.2 We make no warranty that PatAlert or the Content will meet your specific objectives or needs.

 

9.3 We make no warranty that PatAlert or the Content will be free from errors or bugs.

 

9.4 We make no warranty that there will be uninterrupted operation of PatAlert or access to the Content. Awa will make reasonable efforts to keep PatAlert operational. However, there are situations when the PatAlert will not be accessible, including but not limited to necessary maintenance, technical difficulties and circumstances outside the control of Awa such as net access failure or failure to access the European Patent Office’s databases, for which Awa shall never be liable. Since the Content is extracted from the European Patent Office’s databases, the accessibility to PatAlert and the Content is depending on our access to these databases. We make no warranty as regards the accessibility to these databases or the Content or PatAlert not being operational because of our lack of access to these databases.

 

10. Limitation of Liability

10.1 To the extent permitted by applicable law, Awa shall not be liable to you or any third party for any direct damages, indirect damages or any other damages of any kind including but not limited to loss of profit, loss of income, loss of revenue, business interruption and goodwill losses arising out of or in connection with the Terms or the use or inability to use PatAlert or the Content.

 

10.2 To the extent Awa is liable to you for any damages, Awa’s total and aggregate liability to you (whether for negligence, breach of contract or any other cause of action shall be limited to the lesser of EUR 1,000 or an amount corresponding to the fees for PatAlert paid by you during the latest twelve months.

10.3 Awa shall not be liable for any losses incurred by you as a result from break-in attempts by third parties or any consequential loss arising from a successful break-in.

 

10.4 Awa shall not be liable for any losses incurred by you as a result of the information you provide us with is not being accurate, current and complete.

 

10.5 Awa has no liability to any third party as result of your use of PatAlert or the Content.

 

10.6 We do not have any control of the Content extracted from the European Patent Office’s databases or its accessibility, accuracy, completeness, quality, suitability, timeliness or truthfulness. Hence, we shall not be liable for any losses incurred by you as a result of the Content extracted from the European Patent Office’s databases.

 

10.7 Awa is not liable for any losses incurred by you as a result of Awa’s performance of its duties and functions as set forth in these Terms, except if such losses have incurred due to Awa’s gross negligence or wilful misconduct, in which case the limitations set out in sections 10.1 and 10.2 shall apply to the extent permitted by applicable law.

 

11. Force Majeure

Neither of us shall be liable on any account for any failure to fulfill any terms of these Terms if such fulfillment has been frustrated by force majeure including strikes, riots, lockouts, civil commotion, governmental regulations or any unforeseeable supervening event of whatsoever nature beyond the reasonable control of either one of us affected. However, one of us affected shall immediately by written notice inform the other of such an event.

12. Confidentiality and Disclosure

 

We will protect the information you disclose to us in an appropriate manner and in accordance with the applicable code of conduct. Other than what is stated in these Terms, information will only be disclosed to third parties, if you have consented to such disclosure or if an obligation to disclose such information is required under law.

13. Term and Termination

 

13.1 The Terms will continue to apply to you until terminated by either you or Awa as set out below.

 

13.2 You are free to stop using PatAlert and terminate the Terms at any time giving one month notice. Furthermore, you are free to terminate the Terms at any time if we’re in material breach of the Terms.

 

 

13.3 We may terminate the Terms or suspend your access to PatAlert at any time, giving one month notice.

 

13.4 Furthermore, we may terminate the Terms or suspend your access to PatAlert at any time, without giving notice to you if;

 

(a) you’re in material breach of the Terms,

 

(b) you fail to pay any sum due under the Terms within 45 days of the due date of such payment,

 

(c) doing so would cause us legal liability or compromise our ability to provide PatAlert to our other users, or

 

(d) we’re prohibited from doing so by law.

 

13.5 If you or Awa terminate the Terms, or if Awa suspends your access to PatAlert, you agree that Awa shall have no liability or responsibility to you and Awa will not refund any amounts that you have already paid.

 

14. Assignment

You may not assign your rights or obligations under these Terms without the prior written consent from Awa.

 

15. Notices

15.1 For all our messages to you under the Terms we will use courier, registered mail or e-mail, to the address information registered by you in your account at the time of our message.

 

15.2 For all your messages to us under the Terms you shall use courier, registered mail or e-mail to the address information on our homepage (www.awa.com) at the time of your message.

 

15.3 A message shall be deemed to have been received (if delivered or sent to the correct address):

 

(a) if delivered by courier, on the day of delivery;

 

(b) if sent by registered mail, on the third business Day after being mailed, if mailed within Sweden, or the fifth business Day, if mailed to or from a place outside Sweden;

 

(c) if sent by e-mail, within 24 hours if no notice of non-receipt has been received by the sender.

 

 

16. Governing Law and Disputes

16.1 These Terms and all issues regarding them or any non-contractual obligations arising out of or in connection with it shall be governed by and will be construed and interpreted in accordance with Swedish substantive law without regard to its conflicts of law rules.

 

16.2 Except as stated in Clause 16.3, any dispute, controversy or claim that may arise out of or in connection with these Terms or any non-contractual obligation arising out of or in connection with the Terms, or breach, termination or invalidity thereof shall be finally settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The place of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English unless we agree with you to use Swedish.

 

16.3 Notwithstanding Clause 16.2, Awa shall be entitled to commence proceedings for the payment of any amount due to us in any court with jurisdiction over you or any of your assets.

 

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