Darts-IP is in the business of collecting, organising and making available of judgments, administrative decisions and other litigation documents in relation to intellectual property law such as patent law, copyright, design law, trade mark law and the laws of unfair competition (the “Decisions”). The Decisions are compiled, filtered and arranged by Darts-IP on the basis of fields including inter alia jurisdiction, parties, application and/or registration number of the intellectual property right, representative firm, date, case length, decision type, instance, points of law, relief obtained, settlement and damages (the “Data Fields”). The Decisions are included in a database that can be accessed online via darts-ip.com (the “Database”).
Subject to these terms, Darts-IP grants the Customer access to the Database via the web interface. Depending on the Customer’s subscription, access can be restricted by jurisdiction or by the type of intellectual property right that is the subject of the Decisions (trade marks, patents, designs, copyright, domain names and unfair competition).
The agreement is concluded with the Customer for renewable terms of one year, or as specified by the parties in writing. The agreement will be renewed automatically unless the Customer or Darts-IP notifies the other party in writing one month prior to the end of the term. Subscription fees will be invoiced in advance of the term or shortly after the beginning of the term. Invoices are payable within 30 days of the invoice date. If the Customer orders additional options in the course of a year, the fees will be invoiced upon activation of such options at a pro rata basis for the remainder of the year. Darts-IP has the right to charge interests for overdue payments at a rate of 1% per started month and an administrative fee of 50 EUR per reminder (with a maximum of one reminder per month).
User Accounts and the Administrator Account are personal to the End-User. The Customer will not, and will cause End-Users not to, provide access to the Database to individuals that are not End-Users with an account. The Customer will inform Darts-IP if a new account must be created for an End-User. The Customer will inform Darts-IP in writing if an individual leaves the Customer’s organisation. Darts-IP will delete such users’ accounts. If the Customer does not inform Darts-IP, continued use of such user’s account after he or she has left the Customer’s organization will be under the sole responsibility of the Customer and may be subject to fees paid by the Customer. Darts-IP has the right to terminate the agreement with the Customer if the Administrator Account or a User Account are used by unauthorized individuals outside of the Customer’s organization. The Customer authorizes Darts-IP to monitor the use of the Database by means of technical tools.
The Customer acknowledges Darts-IP’s ownership of the Database and all and any rights in relation thereto, including all rights to (without limitation) the arrangement of information comprised in the Decisions and the Data Fields, the software as well as the underlying parameters used to sort that information. The Customer accepts and acknowledges that Darts-IP has expended, and continues to expend, substantial efforts and investments in obtaining, verifying, sorting and presenting the Decisions in the Database. The Customer acknowledges that the Database is an original compilation of the Decisions. The Customer acknowledges that the way the Decisions and the Data Fields are compiled, organized and arranged is a trade secret of Darts-IP.
Darts-IP will use reasonable efforts to maintain the availability of the Database to the Customer and the End-users but Darts-IP does not guarantee 100% availability. The Customer acknowledges and accepts that the availability of Database is subject to the availability of third party services and products (including web hosting) and that, in result, the availability may be dependent on events and services beyond Darts-IP’s control. Temporary downtime of the Database for technical or maintenance reasons will not be considered a breach of Darts-IP’s obligations under this agreement.
Darts-IP may update, upgrade or otherwise modify the Database (including Data Fields) to improve its services, without prior notice to the Customer and End-Users. Darts-IP will exert best efforts to repair bugs or other deficiencies in its services but it provides no remedies or warranties in this respect.
Darts-IP collects and compiles the Decisions in the Database with care. However, the Decisions and the Database are provided on an “as is” basis, without any warranties regarding the accuracy or completeness of the information, fitness for any particular purpose or warranty in terms of availability. Except in case of fraud or intentional fault or negligence, Darts-IP disclaims all and any liability for its services and the consequences of access to and use, misuse or interpretation of the Database and the information contained therein, to the maximum extent permitted by law. In particular, the Customer accepts that Darts-IP does not provide legal advice and that the Customer and the End-Users should not rely on the Database to take action without consulting qualified advisors. Darts-IP will in no case be liable for indirect or consequential damages, lost profits or anticipated revenues, loss of data or reputational harm.
The Customer authorizes Darts-IP to use the Customer’s name, trade name and/or trade mark as a ‘use case’ to advertise its services on its website or otherwise.