Terms and conditions
1. Scope
- Moving Targets Consulting GmbH (“mtc”) provides patscenar.io as web-based software (software as a service) for patent filing strategy consultations, in particular for patent information centers and other organizations (“customer”).
- These terms apply to licenses for patscenar.io and the related services. They apply only to businesses (§ 14 BGB), legal entities under public law and special funds under public law.
- Conflicting terms of the customer do not apply unless mtc expressly agrees to them in text form.
2. Conclusion of contract, trial access
- The customer requests an offer. The contract is concluded when the customer accepts mtc’s offer in text form and mtc confirms the license.
- mtc may grant free, time-limited trial access. It ends automatically without notice.
3. Services
- mtc provides patscenar.io over the internet during the term. Scope and features follow from the offer and the description on patscenar.io.
- The calculations are based on publicly available fee schedules of the patent offices and on assumptions about attorney and translation costs. Every fee row shows its date and its quality level. The results are estimates. They replace neither legal advice nor a calculation of deadlines.
- 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. mtc informs the customer without delay.
4. Availability and fault handling
- mtc offers patscenar.io with an average availability of 99 % per year. Announced maintenance and disruptions beyond mtc’s control (for example force majeure) are excluded.
- The customer reports disruptions without delay to support@patscenar.io. For a complete outage mtc endeavors to respond within eight hours, for other faults by the next working day at the latest.
- mtc may offer a workaround and fix the cause later, where this is reasonable for the customer.
5. Customer obligations
- Every access is personal. Shared accounts are not allowed; sign-in links and passkeys must not be passed on.
- The customer is responsible for the content its users enter and enters only the data needed for the consultation.
- The customer informs mtc in text form without delay if it notices misuse of its access or a security problem.
6. Rights of use
- For the term, mtc grants the customer a non-exclusive, non-transferable right to use patscenar.io through the members of its organization.
- The customer may use reports and exports it creates with patscenar.io for its consultations and pass them on to the people it advises.
7. Term, payment, cancellation
- A license runs for twelve months from the agreed start. The fee for the twelve months is payable in advance on invoice. All prices are subject to statutory VAT.
- 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 of the license pro rata.
- The license does not renew automatically. mtc reminds the customer before it ends; a renewal takes a new offer.
- After the license ends, the customer’s consultations stay readable for 30 days. On request mtc provides the customer’s data as an export. After that, the data is deleted as set out in the data processing agreement.
- The right of either party to terminate for good cause remains unaffected.
8. Defects
- mtc provides patscenar.io free from material defects and defects of title and keeps it fit for contractual use during the term. The customer supports mtc reasonably in locating faults.
- 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. This does not apply to damage claims under clause 9.1.
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.
- For free trial access, mtc is liable only under clause 9.1.
- mtc is not liable for decisions made on the basis of the estimated costs, unless clause 9.1 or 9.2 applies.
- These limitations also apply to mtc’s officers, employees and agents.
10. Data protection
mtc processes personal data in consultations on behalf of the customer. The parties conclude a data processing agreement for this (Art. 28 GDPR). Otherwise the privacy policy 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 affect the customer’s work at least four weeks in advance in text form; the customer may then cancel under clause 7.2.
12. Final provisions
- Declarations under this contract require text form (for example email).
- If a provision is invalid, the others remain valid.
- The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Berlin, where legally permitted.