Terms and Conditions

  1. These terms of use apply to all services and data provided or made available by Darts-IP SPRL, a company having its offices at 1160 Brussels (Belgium), Clos Lucien Outers 11-21 and registered in Belgium under number 0885.540.417 (“Darts-IP”), to you (the “Customer”).
  1. 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”).
  1. 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).
  1. 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).
  1. Access is provided to the Customer via user accounts that are personal to authorized employees and/or contractors of the Customer (the “End-Users”). The Customer will provide Darts-IP with a list of End-Users in its organisation that require an account, including the first and last name of the End-User and the End-User’s e-mail address. The Customer will designate one End-User that will manage the Customer’s account via the administrator account (the “Administrator Account”). All other End-Users will be provided with a login and a password for a regular user account (the “User Accounts”). The Customer warrants and represent that Darts-IP has the right to use and process the End-Users’ name and e-mail address for the purpose of creating a User Account. The Customer warrants and represents that all and any End-Users will comply with these terms of use.
  1. 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.
  1. 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.
  1. Nothing in these terms of use will be construed as a transfer, in whole or in part, of any title or interest in the Decisions, the Database or the Data Fields from Darts-IP to the Customer or the End-Users. Darts-IP grants the Customer and the authorized End-Users a limited, non-transferable and non-exclusive licence to use the Database for legal research and internal business purposes. No searches of Decisions may be performed on the Database that are not initiated by a single request made by an End-User via the web interface. The Customer and the End-Users may not use or access the Database for commercial purposes other than in the course of Client’s normal business activities. The Customer and the End-Users will refrain from, without limitation, reproducing, making available, decompiling, modifying, scraping of the Database, the Decisions, the Data Fields or a substantial part thereof. The Customer and End-Users may not subject the Database, the Decisions or the Data Fields to software tools to extract or analyze data, including tools for scraping, crawling, grabbing, machine learning, data mining and artificial intelligence. Darts-IP may include markers in the Database and the Decisions. These markers may include ghost entries in the Database and markers embedded in Decisions. The Customer will immediately notify Darts-IP in writing of any event or action that causes or may cause unauthorized access, disclosure or publication of the Database, the Decisions, or parts thereof. The Customer will provide appropriate assistance to actions directed at stopping further dissemination or disclosure.
  1. Darts-IP encourages End-Users to use the Database as a tool for academic and other publications within the framework of their rights under these terms of use. Such publications should properly attribute Darts-IP as a source. If publications are based on the Database or datasets that are otherwise provided by Darts-IP, authors will provide a draft of the publication to Darts-IP prior to publication so as to ensure that data is not misrepresented or misconstrued.
  1. 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.
  1. 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.
  1. 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.
  1. The Customer undertakes to, and represents and warrants that the End-Users will, only use the Database for lawful purposes permitted under these terms of use. The Customer undertakes to comply with any legal or regulatory requirement relevant to access to and use of the Database. The Customer acknowledges and accepts that any use and dissemination of the Database, in whole or in part, other than as permitted in these terms of use would cause significant harm to Darts-IP.
  1. The Customer represents that all End-Users accept the Privacy Statement of Darts-IP. The Customer will indemnify Darts-IP and hold it harmless for any claim resulting from the non-acceptance or compliance of an End-User with the Privacy Statement. Darts-IP may monitor End-Users’ activities on the Database to improve its products and services and to monitor compliance with these terms of use. Darts-IP undertakes to take technical and organisational measures to ensure that personal data is secured.
  1. Darts-IP may temporarily suspend access to the Database in case the Customer or its End-User access or use the Database in violation of these terms of use and/or in case the Customer defaults on its obligations, including without limitation the payment obligations. Darts-IP will notify the Customer of such suspension and its reasons by e-mail to the Administrator Account. Suspension of access will not suspend or otherwise affect the Customer’s obligations under these terms of use. In case the Customer does not remedy the reasons for the suspension within 15 days of such notice or in the event of a material breach by the Customer that affects the stability or security of the Database, Darts-IP may terminate the agreement with the Customer by written notice and/or it may, at its discretion, permanently withdraw the Customer’s access to the Database.
  1. 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.
  1. The Customer may not assign its rights or obligations under these terms of use to a third party without Darts-IP’s prior written consent. Darts-IP may assign its rights and obligations following 30 days written notice to the Customer.
  1. In case any provision of these terms of use is found invalid or unenforceable by a court having jurisdiction to do so, such finding will not affect the validity of the entire agreement. The parties will replace the invalid or unenforceable clause by a provision that is valid and enforceable and that produces the effect of the affected clause to the maximum extent permitted by law.
  1. Darts-IP has the right to amend these terms of use from time to time. Such amendments are notified to the Customer by e-mail to the Administrator Account and will enter into effect within 15 days of such notice.
  1. These terms of use are subject to Belgian law. Without prejudice to Darts-IP’s right to seek injunctive relief in other jurisdictions, disputes regarding the execution, interpretation or performance of these terms of use will be subject to the jurisdiction of the Dutch language section of the Brussels commercial court (Nederlandstalige rechtbank van koophandel Brussel).