Patentcloud Terms of Service
Last Updated: May 17, 2018
Thank you for visiting Patentcloud, a patent intelligence platform (the “Platform” or “Patentcloud”), of InQuartik Co. Limited. By accessing Patentcloud and selecting to opt-in, you are agreeing to this Terms of Service. In addition, when using particular services owned or operated by InQuartik or associated with Patentcloud, you will be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the Terms of Service. InQuartik may also offer other services that are governed by different terms of service. In such cases, the other terms of service will be posted on the relevant service website to which they apply.
General Use and Restrictions
You must follow any applicable laws and regulations, including export and re-export control laws and regulations, any policies made available to you on the Platform, as well as, if any, the agreements between you and InQuartik with respect to or in connection with any particular services provided by InQuartik. You understand and agree to not misuse the Platform. For example, You may not (a) make the service or any Materials (defined below) on the Platform available to anyone other than a user authorized by InQuartik; (b) sell, resell, rent or lease any portion of the service; (c) interfere with or disrupt the integrity or performance of the service or third-party content provided in the service; (d) attempt to gain unauthorized access to the service or its related systems or networks; (e) reverse engineer any portion of the service; (f) access the service in order to build a competitive product or service; (g) access the service using “bots” or “spiders” or any automated system that calls to a service more frequently than may reasonably be performed by a human user using a standard web browser; or (h) not interfere with the Patentcloud or try to access it using a method other than the interface and the instructions that InQuartik provides. You must use commercially reasonable efforts to prevent any unauthorized access to or use of any service or Materials on the Platform and promptly notify InQuartik of any such unauthorized access or use. InQuartik may suspend or stop providing the Platform and its services to you if you do not comply with InQuartik’s terms or policies or if InQuartik is investigating suspected misconduct.
You agree not to reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, or otherwise exploit Patentcloud, or any portion hereof, without InQuartik’s prior written consent. No logo, graphic, sound or image from Patentcloud may be copied or retransmitted unless expressly permitted by InQuartik. Also, you may not “mirror” or replicate any Materials contained on the Platform on any other server without InQuartik’s prior express written permission.
As part of your use of the Platform and InQuartik’s services, you may receive access to additional data, content, software or applications subject to separate terms. Patentcloud may display certain content that did not originate from InQuartik. This content is the sole responsibility of the entity that makes it available. We reserve the right to suspend or terminate content originated from these entities at any time.
These Terms of Service will supersede and control over any conflicting or additional terms and conditions of any provisions of an agreement you may have with InQuartik and other previously issued Terms of Service. These Terms of Service control the relationship between you and InQuartik. They do not create any third party beneficiary rights. A failure by InQuartik to exercise, or any delay in exercising, any right or remedy provided under these terms or by law shall not constitute a waiver of that or any other right or remedy. If any provision of these Terms of Service is held to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions of these terms will remain in force.
Fees and Payment
Your subscription to InQuartik’s services will continue on a recurring monthly or annually basis corresponding to the term of your subscription unless and until you cancel your subscription or your account is otherwise suspended or discontinued pursuant to these Terms of Service. If you subscribe to any service or purchase any Materials, you must provide accurate billing and payment information and keep this information up-to-date. By accessing Patentcloud and InQuartik’s services, you are expressly agreeing that (i) we are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription; (ii) we may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges.
Cancellation and Refund
You can cancel your subscription at any time, and you will continue to have access to InQuartik’s services through the end of your subscription period. You must cancel your subscription before your next renewal date in order to avoid the next billing. Due to the type of information being licensed and the service provided to you, we are unable to accept or offer returns once the subscription is activated, services is performed or Materials are purchased. To the extent permitted by the applicable law, all payments are non-refundable and we do not provide refunds or credits for any partial subscription periods.
Changes to Pricing
We may change our service plans and the price of our services and/or data from time to time. We will notify you of any price changes and these changes will only occur on your next billing cycle.
All materials provided on Patentcloud and by InQuartik, including but not limited to data, information, documents, products, logos, graphics, sounds, images, software, and services (“Materials”) are provided either by InQuartik or by third party authors, developers and vendors (“Third Party Providers”) and are protected by intellectual property laws. The trademarks, service marks, trade names, logos and copyrights appearing on the Platform are trademarks and copyrights of InQuartik, its affiliates, and/or licensors.
Warranties and Disclaimers
INQUARTIK and ITS SUPPLIERS OR DISTRIBUTORS do not MAKE ANY SPECIFIC PROMISES ABOUT THE PLATFORM OR INQUARTIK’S SERVICES AND MATERIALS. FOR EXAMPLE, INQUARTIK DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT ON THE PLATFORM, THE SPECIFIC FUNCTIONS OF THE PLATFORM, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. PATECTCLOUD PROVIDES THE SERVICES AND MATERIALS ON THE PLATFORM “AS IS” AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitations of Liability
INQUARTIK SHALL NOT BE LIABLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRUBTING, OR DOWNLOADING THE MATERIALS, HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM PATENTCLOUD OR INQUARTIK’S SERVICES, EVEN IF INQUARTIK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF INQUARTIK, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS IN CONNECTION OF YOUR USE OF THE SERVICE, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID INQUARTIK TO USE THE SERVICES WITHIN TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. INQUARTIK MAY CHOOSE TO EXTEND YOUR SERVICE PERIOD AS A REMEDY. IN ALL CASES, INQUARTIK, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES SHALL INQUARTIK BE LIABLE FOR ANY LOSS OR FAILURE TO PERFORM ITS OBLIGATIONS DUE TO FORCE MAJEURE, INCLUDING BUT NOT LIMITED TO LABOR SHORTAGES, STRIKES, RIOTS, ACTS OF GOD, FLOODS, LIGHTNING, FIRE, EPIDEMIC, POWER OR COMMUNICATION UTILITY INCLUDING INTERNET SHORTAGES, FAILURES, EARTHQUAKES, WAR, OR RESTRICTIONS, REGULATIONS, ORDERS IMPOSED BY ANY GOVERNMENT, AGENCY OR SUBDIVISION THEREOF.
You agree to indemnify, defend and hold harmless InQuartik, its parents, subsidiaries, and affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, actions, liabilities, damages, losses, costs, expenses and fees (including attorneys’ fees) arising from or related to your use of Patentcloud or violation of these Terms. If you are using Patentcloud or InQuartik’s services and Materials on behalf of a business, that business accepts these Terms of Service.
Modifying and Interpreting the Terms of Service
InQuartik may from time to time modify these terms or any additional terms that apply to InQuartik’s service and Materials. InQuartik may add or remove any functionalities or features, and may suspend or stop a service altogether. You may elect to stop InQuartik’s services or InQuartik may stop providing services and Materials to you at any time. InQuartik will post notices or notify you of modifications and additional terms. Changes will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted. However, changes addressing new functions for InQuartik’s service and/or Materials or changes made for legal purposes take effect immediately. If you do not agree to the modified terms for InQuartik’s service and/or Materials, you may elect not to opt-in and agree with our Terms of Service or discontinue your use.
Governing Law and Jurisdiction
Any disputes arising out of or relating to this Terms of Service or InQuartik’s services (“Dispute”) are governed by the laws of Hong Kong. You hereby consent to the exclusive jurisdiction of Hong Kong, in the event that you bring any legal action against InQuartik with respect to any Dispute. Your submission to the jurisdiction of Hong Kong shall not prejudice InQuartik’s right to commence action against you in any court of competent jurisdiction.
Questions or Suggestions
If you have any questions about these terms, or if you would like to request permission to use any Materials, please contact InQuartik here.