License Terms
At a glance
Non-binding translation. Only the German version (Lizenzbedingungen) is legally binding. Where the two differ, the German version prevails.
These terms govern how your organization may use patscenar.io, what is excluded and what Moving Targets Consulting GmbH is liable for. They form part of every offer and every license.
You may
- Advise companies, university members and inventors, including as a paid service of your organization
- Release, export and pass on reports bearing the name of your center, including after the license ends
- Use results in activity reports and in funding or reimbursement applications
You may not
- Give, share or resell access to people outside your organization
- Systematically extract fee data or ratings or retrieve them automatically
- Use patscenar.io for a product of your own or a competing product
About the costs
- All amounts are estimates as of a stated date; actual costs can differ considerably
- No legal advice, no deadline monitoring, no recommendation
- mtc is not liable for costs or decisions based on the estimates, except for intent, gross negligence and the statutory exceptions
1. Scope
- Moving Targets Consulting GmbH, Arndtstraße 34, 10965 Berlin, Germany (“mtc”), provides patscenar.io as web-based software for patent filing strategy consultations, in particular for patent information centers, PATLIB centers, technology transfer offices and comparable institutions (“customer”).
- These License Terms apply to all licenses for patscenar.io and the related services. They form part of every offer. They apply only to businesses (§ 14 BGB), legal entities under public law and special funds under public law.
- Conflicting terms of the customer, including purchasing terms, apply only if mtc expressly agrees to them in text form.
2. Contract and term
- The contract is concluded when the customer accepts an offer from mtc in text form, for example by email or purchase order, and mtc confirms the license.
- A license runs for twelve months from the agreed start. The fee for the twelve months is payable in advance within 30 days of the invoice. All prices are subject to statutory VAT.
- The license does not renew automatically. mtc reminds the customer in good time before it ends; a renewal takes a new offer.
- The customer may cancel the license at any time in text form, effective at the end of a calendar month. mtc refunds the fee for the full months after the end pro rata.
- The right of either party to terminate for good cause remains unaffected. Good cause for mtc exists in particular in the event of a serious breach of clause 5.
3. Scope of the license
- For the term, mtc grants the customer a non-exclusive, non-transferable and non-sublicensable right to use patscenar.io for its own organization’s advisory work.
- A license applies to the organization named in the offer, for example a center or an institution. The number of user accounts follows from the offer. If the offer names no number, every employee of the organization who advises clients may have an account.
- Every user account is personal. Shared accounts are not allowed; sign-in links and passkeys must not be passed on.
- mtc may grant free, time-limited trial access. It ends automatically without notice.
4. Permitted use
- The customer may use patscenar.io to advise companies, university members and inventors. This also applies if the customer charges a fee for its advice.
- The customer may release reports, export them as PDF or Word and pass them on to the people it advises. Reports bear the customer’s name and contact details. The customer may use and pass on released reports without time limit, including after the license ends.
- The customer may use results and exports for its advisory work, for internal analyses and for reports to its sponsors, funders and reimbursement bodies, for example in activity reports or in a reimbursement application to the European Patent Office.
- The customer may show patscenar.io in consultations, video conferences, training sessions and office hours of its organization.
5. Excluded use
- The customer may not:
- give people outside its organization access, share accounts, or rent out, resell or sublicense patscenar.io or offer it to third parties as a service of its own, for example to other centers, law firms or consulting firms;
- systematically extract, copy or automatically retrieve fee data, country ratings, texts or calculation logic, for example with scripts or crawlers; the export functions for individual consultations remain permitted;
- use patscenar.io or its content to develop a product of its own or a competing product, or decompile or reverse engineer the software, unless the law mandatorily permits it (§ 69e UrhG);
- circumvent security measures or run load or security tests without mtc’s consent; the customer reports security problems to mtc;
- alter reports so that they appear to be unaltered reports from patscenar.io, or remove notes on the date and quality of the fees from reports;
- use patscenar.io for unlawful purposes.
- The customer enters only the data needed for the consultation and is responsible for the content its users enter. It informs mtc in text form without delay if it notices misuse of its access.
- If the customer breaches clause 5.1, mtc may block the affected accounts after notifying the customer in text form. If there is a danger to the software or to third parties, accounts may be blocked immediately.
6. Services and availability
- mtc provides patscenar.io over the internet during the term. Scope and features follow from the offer and the description on patscenar.io.
- mtc endeavors to achieve an availability of 99% on annual average. Announced maintenance and disruptions beyond mtc’s control are excluded. The customer reports disruptions to support@patscenar.io.
- Some features, such as the AI draft in the report, have usage quotas that mtc communicates. When a quota is reached, the report uses a fixed text template.
- mtc may suspend access temporarily where necessary to fend off an attack or to avert a danger to the software, its data or third parties, and informs the customer without delay.
7. Rights in content
- All rights in the software, the fee database, the country ratings, the calculation logic, the texts and the design remain with mtc, unless these terms expressly grant them.
- The customer’s inputs and consultation data remain with the customer. mtc processes them only on the customer’s behalf and does not use them for its own purposes.
8. Results and costs
- All amounts in patscenar.io are estimates that support the consultation. They are based on publicly available fee schedules of the patent offices as of the date stated in each case, on exchange rates of a reference date and on flat-rate assumptions about attorney, translation and other costs.
- Official fees, exchange rates and procedural rules change. Actual costs can differ considerably, for example due to the course of examination, the number of claims and pages, fee reductions or the fees of the attorneys instructed. Every fee row shows its date and its quality level; values at the levels “approximation” and “not reliable” are to be used with corresponding caution.
- patscenar.io does not replace legal advice or advice from a patent attorney, nor a binding cost statement from an office or attorney. patscenar.io shows deadlines for orientation but does not monitor them. The customer checks the deadlines bindingly, in particular the priority year.
- patscenar.io does not make recommendations. The company being advised decides on filings. The customer informs the people it advises of clauses 8.1 to 8.3.
- The adviser reviews AI text drafts before release. The customer is responsible for released content.
9. Liability
- mtc is liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulent concealment of a defect, under a written guarantee and under the Product Liability Act.
- For slight negligence, mtc is liable only for breach of essential contractual obligations, that is, obligations whose fulfillment makes performing the contract possible in the first place and on whose observance the customer may regularly rely. Liability is then limited to the foreseeable damage typical for the contract, at most to the license fee of the last twelve months.
- mtc is not liable for costs, fees, loss of rights or decisions based on the estimated amounts, in particular not for actual costs differing from the estimates, unless clause 9.1 or 9.2 applies.
- No-fault liability for defects that existed when the contract was concluded (§ 536a (1) alt. 1 BGB) is excluded. Claims for defects become time-barred after twelve months, except claims under clause 9.1.
- For free trial access, mtc is liable only under clause 9.1.
- These limitations also apply to mtc’s officers, employees and agents.
10. Data protection and confidentiality
- mtc processes personal data in consultations on the customer’s behalf. For this, the parties conclude a data processing agreement (Art. 28 GDPR). Otherwise the privacy policy of patscenar.io applies. It also contains the list of sub-processors, including the provider of the AI for the report draft.
- Both parties treat confidential information of the other party, in particular information on inventions, as confidential, including after the license ends.
- After the license ends, the customer can still read all consultations, export its own data, remove members, withdraw pending invitations and update its organization’s master data for 30 days. New consultations, calculations and reports are no longer possible. After that, the customer can only update its organization’s master data and export its own data. mtc deletes consultations and reports automatically 24 months after their last use; otherwise the data processing agreement applies.
11. Changes
- Changes to these terms apply to new licenses and renewals. During a running license they apply only if the customer agrees in text form.
- mtc may develop patscenar.io further where the changes are reasonable for the customer. mtc announces material changes that impair the customer’s work at least four weeks in advance in text form; the customer may then cancel under clause 2.4.
12. Final provisions
- Declarations under this contract require text form, for example an email.
- If a provision is invalid, the remaining provisions stay valid.
- The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Berlin, to the extent permitted by law.