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Strategic Inventor User Agreement
StrategicInventor User Agreement
Please read this user agreement carefully before accepting it. This user agreement defines the terms and conditions for using the platform, application and services offered at: www.strategicinventor.com, hereinafter referred to as "StrategicInventor.". You may not accept the agreement or use StrategicInventor, if you do not agree with the terms and conditions of this agreement.
This agreement is between any person accessing or using StrategicInventor (hereinafter referred to as "You" or "User");
BananaIP Counsels LLP, having its place of business at No. 40, J.C. Industrial Estate, Bangalore - 62, Karnataka, India.(hereinafter referred to as "We" or "Us"or "BIP" unless repugnant to the context).
For purposes of this agreement, "Party" shall mean either User or BIP based on the context and Parties shall mean both User and BIP unless repugnant to the context.
Whereas you agree, understand and acknowledge that StrategicInventor is an application/platform, which enables you to draft patent applications in the format required by the Indian Patent Office, and that BIP is making it available on a non-profit basis for use by inventors for preparing patent applications. You also understand and acknowledge that StrategicInventor is a stand alone application/platform, which is being made available to prepare patent applications, and is neither perfect, complete or fool proof. StrategicInventor is not being provided as a part of services offered by BIP, and has been created and made available to provide basic guidelines to inventors, who intend to draft and file applications on their own. This is part of pro bono activities of BIP, and is not meant to substitute legal advice, opinion or services. You may use StrategicInventor at your discretion bearing in mind that the application/service is being provided AS IS, and comes with no warranty, representation or liability of any sort or kind.
Whereas You have reviewed the purpose and functionality of StrategicInventor and wish to use it for preparing patent applications for your personal/private use, education or research.
Whereas by accepting this agreement by clicking I Agree or IAccept or by using the Strategic Inventor, You wish to be bound by its terms and conditions laid down hereunder.
Now Therefore the Parties agree as follows:
The terms defined hereunder shall have the meaning attributed to them when used in this agreement unless repugnant to the context.
1.1. "Access" shall mean using the StrategicInventor application, service or platform for drafting Indian patent applications for personal/private use.
1.2. "Services" shall mean the StrategicInventor application, services or platform that enables inventors to draft a basic version of Indian patent application in the format that is enabled by the service, application or platform for personal/private use.
1.3. "Special Services" shall mean the services offered by Us or our partners to enable you to draft, file and prosecute patent applications outside the scope of StrategicInventor services, application or platform.
1.4. "Intellectual Property" shall mean patent, trade mark, industrial design, copyright, trade secret or any other form of intellectual property and shall also include applications for the aforesaid and inventions or creations that are capable of being protected as any form of intellectual property.
1.5. "Confidential Information" shall mean and include any information including but not limited to process, method, invention, creation, technical information, scientific information, financial information, business information and so on of BIP that is deemed confidential by Us.
2. License and Permissions
2.1. BIP hereby grants the User a Non-Exclusive, non-transferable and limited License to Access and use the StrategicInventor application, platform and Services on computing devices and any other technology.
2.2. The User agrees, undertakes and confirms that the User is only permitted to Access and use the StrategicInventor Services for drafting patent applications for personal or private use.
2.4. The User hereby agrees and acknowledges that nothing contained in this Agreement constitutes an obligation on the part of BIP to offer or provide Access to the StrategicInventor Services, application or platform. BIP may at its sole discretion disable Access of the User without any prior notice or information.
2.5. The User shall Access and use the StrategicInventor Services, application and platform only for personal/private and legal purposes, and shall not use the StrategicInventor for any illegal purposes. The User shall not use any illegal or third party content on the StrategicInventor platform or application.
3. Special Services
3.1. The User agrees that any Special Services availed by the User shall be governed by terms and conditions specifically governing those services, and shall not be governed by terms of this agreement.
4. Activities not permitted
4.1. The User hereby agrees, undertakes and confirms that use of the StrategicInventor shall strictly be governed by the following:
4.1.1. Usage of StrategicInventor by the User is permitted only in a single mobile or computer device at a time;
4.1.2. User shall not attempt to Reverse Engineer, Decompile or Descramble or use the StrategicInventor in any manner to understand the process, structure or working of the StrategicInventor application, platform or service, or to otherwise reduce the StrategicInventor application to a human perceivable form;
4.1.3. User shall not modify, network, rent, lease, loan, sell, distribute or create derivative works based upon the StrategicInventor in whole or in part. User shall not at any time make the StrategicInventor available to multiple users through any networking, terminal access, downloading, internal time sharing or similar arrangement or otherwise;
4.1.4. User shall not collect or harvest or attempt to harvest or collect personal data of other users who are using the StrategicInventor. User shall not transmit any viruses, worms, defects, Trojan horse, cancel bots, spyware, other items of a contaminating or destructive nature, take any action amounting to denial of service attacks, adware, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology harmful code, flood pings, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the StrategicInventor Services, application or platform, or which does or might restrict or inhibit third party user's use and enjoyment of the StrategicInventor; and
4.1.5. User shall not alter or remove, attempt to alter or remove any trademark, copyright or any other proprietary or legal notices contained in, or on, the StrategicInventor. User shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, music, text, page layout, or form) of StrategicInventor, BIP or its affiliates. User may not use any meta-tags or any other "hidden text" utilizing StrategicInventor or BIP’s name or trademarks.
5. User Account
5.1. The User shall not access the Service through automated methods. Use of robots or other computer code which calls the Service, except where explicitly allowed, is prohibited.
5.2. Each User shall provide his/her legal full name, a valid email address, and any other information requested in order to complete the signup process and create a login. Each login may only be used by one User.
5.3. The User confirms that she/he is legally authorized to signup with StrategicInventor and that no encumbrance bars her/his registration. The User is responsible for maintaining the security of his/her account and password. BIP shall not be liable for any loss or damage from the Users') negligence, breach or failure to comply with these terms.
5.4. The User shall be solely responsible for all information, data and materials provided on StrategicInventor through his/her account, and BIP shall not be liable for any issues pertaining to the said information, data or materials, or their disclosure.
5.5. The User shall not use StrategicInventor for any illegal or unauthorized purpose. The User shall not violate any applicable laws while Accessing or using StrategicInventor.
6. Ownership and Intellectual Property
6.1. User hereby agrees, undertakes and confirms that all right, title and interest in the StrategicInventor is retained with BIP and that this Agreement only licenses access and usage of StrategicInventor by the User subject to the terms and conditions of the Agreement. User hereby agrees and confirms that this agreement does not amount to transfer of any intellectual property or proprietary information by BIP to the User, and that all right, title, and interest in all property continues to vest with BIP.
6.2 The copyright, trademark, patent or other intellectual property rights in the StrategicInventor platform, application and Services (including, without limitation, all designs, logos, names, text, sound recordings, music, images, graphics, video and links) are owned by BIP or the respective third party entities as identified on the StrategicInventor application/platform. No license or right is granted and use of the StrategicInventor by User therein shall not constitute by implication, estoppel or otherwise, any license or right of use. As such, User shall not reproduce, transmit, republish, upload, post, perform, broadcast, adapt, parody, distribute, display, license and/or alter in whole or in part any of the foregoing in any manner without the express permission of BIP.
6.3. This agreement does not transfer any Intellectual Property owned by BIP to You. Nothing in this agreement shall amount to transfer of BIP's Intellectual Property in the StrategicInventor to the User.
7.1. User hereby agrees that User shall not disclose any confidential information to any third party about the StrategicInventor or BIP which User has come into possession by virtue of Accessing or using the StrategicInventor, or in any other manner. User also agrees that in any event, if such confidential information is disclosed by User in violation of this Agreement, BIP may on its own sole discretion, terminate this Agreement by deleting the User Accounts of the User, without any notice to User or take any other legal measure which is considered reasonable and valid.
7.2. In the event the User becomes aware that the Confidential Information is passed to any third party, User shall immediately inform BIP regarding the same.
8. Representations and Warranties
8.1. The StrategicInventor and information on it is provided by BIP as is" and on an “as available” basis and BIP, its officers, directors, employees, and agents make no warranties and hereby disclaim any express or implied warranties, including, but not limited to, the implied warranties (collectively, “warranties”) of merchantability and fitness for a particular purpose. In no event shall BIP be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the StrategicInventor, even if advised of the possibility of such damage.
8.2. The Services and materials available through the StrategicInventor may include those related to third parties. User agrees and acknowledges that BIP assumes no responsibility for such Services and materials.
8.3. BIP makes no representations or guarantees that the StrategicInventor will be free from any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the StrategicInventor by any third party, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any Services, contents posted, transmitted, or otherwise made available via the StrategicInventor.
8.4. BIP does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the use of the StrategicInventor or any hyperlinked services or featured in any banner or other advertising, and BIP will not be a party to or in any way be responsible for monitoring any transaction between User and third-party providers of products or services.
8.5. BIP makes no guarantees, representations, or warranties that use or results of the StrategicInventor will be accurate, timely, reliable, uninterrupted, or without errors. Without prior notice, BIP may modify, suspend, or discontinue any part or all of the StrategicInventor Services, or use of the StrategicInventor application/platform by the User.
8.6. TO THE MAXIMUM EXTENT PERMITTED BY the LAW, IN NO EVENT SHALL BIP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE StrategicInventor AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF BIP or is not within the knowledge of BIP.
10. Governing Law, Jurisdiction And Arbitration
10.1. This Agreement shall be governed by the laws for the time being in force in the territory of India and the Courts in Bangalore alone shall have exclusive jurisdiction on the matters concerning this Agreement.
10.2. All disputes arising under or in relation to this Agreement may be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the [Indian] Arbitration and Conciliation Act, 1996 (the “Act”) the Parties shall approach the competent Court under the Act for appointment of the Sole Arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rules framed there under and the place of Arbitration shall be Bangalore. The arbitration proceedings shall be conducted in English.
11. Term & Termination
11.1. This Agreement shall commence on the date the User installs and accepts the agreement and shall remain in full force and effect while User uses and Accesses the StrategicInventor;
11.2. User has the right, in his sole discretion, to terminate this Agreement by deleting the account on the StrategicInventor;
11.3. User hereby agrees that BIP reserves the right, in its sole discretion, to terminate this Agreement by deleting the User Account of the User, without any notice to User, for any reason that may also include violation of any terms of the Agreement by the User.
11.4. On termination of User account, any and all User Contents existing in User account or any and all activity from the User account shall be irretrievably deleted. However, certain details shall be maintained with BIP for archival and legal purposes.
11.5. Both the Parties hereby agree, undertake and confirm that Provisions relating to Intellectual Property and Confidentiality shall survive the expiration or termination of the Agreement.
12.1 THE StrategicInventor Services, application and platform ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
13.1. User hereby agrees to indemnify, defend and hold BIP, (including all its officers, directors and employees) harmless from and against any and all damages, liabilities, costs and expenses, including attorney’s fees and expenses, arising out of, incident to, or resulting directly or indirectly from the the User's Access or use of the StrategicInventor in a manner inconsistent with this Agreement.
14. No Liability
14.1. TO THE MAXIMUM EXTENT PERMITTED BY law, IN NO EVENT SHALL BIP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE StrategicInventor AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF BIP.
15.1. If any provision in this Agreement becomes invalid or illegal or adjudged unenforceable, the provision shall be deemed to have been severed from this Agreement and the remaining provisions of this Agreement shall not, so far as possible, be affected by the severance.
16.1. The failure of BIP to enforce at any time any of the provisions of this Agreement shall not be construed to be a waiver of its right, power, privilege or remedy or as a waiver of any preceding or succeeding breach on User’ part to this Agreement nor shall any single or partial exercise of any right power privilege or remedy preclude any other or further exercise of such or any other right power privilege or remedy provided in this Agreement all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to BIP at law or in equity.
17. Force Majeure And Act Of Third Parties
17.1 The performance of any part of this agreement by BIP shall be excused to the extent that such performance is hindered, delayed, or made impractical by flood, fire, war, or riot or any other cause beyond the reasonable control of BIP or act of any third party beyond the control of BIP including but not limited to hacking, data theft, unauthorised access to User account, impersonation, fraud, misrepresentation and so on.
BananaIP Counsels, No. 40, II Main, J.C. Industrial Estate, Bangalore - 62.
Email: [email protected]
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable,and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Last Modified: 12th October, 2020.
I have read and understood the Terms and Conditions of this agreement, and I hereby, out of my free will, unconditionally accept to be bound by the same.
I Do Not Agree