TERRIFIOTM MARKRTM BETA Terms & Conditions
1. The following Terms govern your use as an Intellectual Property (“IP”) Owner, a individual designated to act on behalf of an IP Owner, an IP Professional, an IP Firm of IP Professionals, another subscribing Service or Information Provider, or another user (collectively “Subscriber”) of https://www.terrifio.com or any other URL addresses accessing the tools we provide (collectively the “Platform”). Use of the words “you” and “your” herein apply to the Subscriber.
2. The Platform is operated by MILTON BOWES LIMITED, Company Number 11975862, of International House, 36-38 Cornhill, London, United Kingdom, EC3V 3NG, trading as TERRIFIO UK, under management of GASTLES INC., trading as TERRIFIO CANADA, and under license from 2783059 ONTARIO LTD, both based in Ontario, Canada (collectively “TERRIFIO”). Use of the terms “we”, “our”, and “us” below applies to TERRIFIO. We interpret your use of the Platform as evidence that you accept and agree to all of these Terms. You must be 18 years of age or older to use the Platform. If at any time you do not agree to all of these Terms, you must terminate your access to the Platform and, if applicable, cancel your subscription, at which time all further access to or use of the Platform or its content is not permitted. These Terms include our Privacy Policies which you will find at https://markr.terrifio.com/privacy_policy. The Platform grants you a limited, revocable, non-transferrable, nonexclusive, non-sublicensable, license to access and use of functions, and content generated by the Platform, in whole or in part, including but not limited to our intellectual property therein, solely for your own use.
3. The Platform provides tools which may be used to build a Virtual Patent Marking (“VPM”) Listing, in the form of a pdf page (or a page of another file format) that may be uploaded to a designated webpage (“url”), such as www.companyname.com/patents, or presented in the form of an Inline Frame, otherwise known as an “iframe” with corresponding code present on the designated url, as part of a VPM program. We interpret your use of the Platform as evidence that you accept that you understand all requirements for VPM in the applicable jurisdiction in which you wish to begin a VPM program. You acknowledge that each jurisdiction currently adopting VPM may have different requirements, which may be subject to change. You acknowledge that a VPM program requires an understanding of a scope of a patent or a patent application to be listed in a VPM Listing, as it relates to a product to be associated with such patent or patent application, and that you will rely on, or that you have elected not to rely on, an IP Professional for assistance with this task. You further acknowledge that you are liable for any and all damages as may arise as a result of a finding of false marking, as may arise as a result of any errors made in the course of preparing a VPM listing or any other activities in the course of maintaining a VPM program, such as may arise during the uploading of the pdf page, or the updating of the page visible in the iframe, or arising from interruptions or technical errors preventing the ability for the pdf page to be uploaded or the iframe code to correctly present the url. You acknowledge that you are solely responsible to obtain authorization and/or verification that the iframe configuration, as provided by the Platform, complies with all security policies of the server hosting the iframe code. You thus accept sole responsibility for all actions needed to set up and maintain a VPM program, whether performed by you or by a Service Provider or another third party, including without limitation any and all actions and accuracy required to complete a VPM Listing including, but not limited to:
a) entering a patent number for each granted patent or a publication number for each published patent application (collectively the “Property”) and other data (“Patent Data”) which you may find relevant for your own recording purposes, for the purposes of maintaining a VPM program;
b) entering a product category, a product name and/or a product code and other data (“Product Data”) which you may find relevant for your own recording purposes, for the purposes of maintaining a VPM program, for such product to be associated with a Property;
c) linking a product with a Property to establish an associated product with the Property in the VPM Listing;
d) making regular checks of the designated url to verify that the correct VPM Listing is available to the public, as intended; and
e) to maintain a separate, offsite, and up to date, record of all details and records being stored by the Platform.
4. The Platform may provide you with one or more options, to set reminders or functions which may automatically change the status of a patent or a patent application according to the Patent Data and may require additional Patent Data or Product Data in order to activate these options. You thus accept sole responsibility for the actions and accuracy of the Patent Data or Product Data, as may be required to initiate any such reminders or functions.
5. Terms for Beta (Early Access) Program: The following Beta Terms apply as you participate in the current Beta (Early Access) Program for the Platform, for example as shown by the presence of the banner on the top of the home screen accessible at https://markr.terrifio.com/home, indicating “BETA VERSION” or “EARLY ACCESS VERSION”.
a) TERRIFIO provides you, as a Beta User, rights under this Agreement for the purpose of testing and providing input and other feedback to TERRIFIO regarding one or more of TERRIFIO’s proprietary, pre-commercial versions of the Platform. While you are not required to utilize or enable the Platform, if you elect to do so, then your use of and access to the Platform shall be subject to these Beta Terms.
b) TERRIFIO reserves the right to charge fees for use and access to the Platform, or may provide the Platform at no charge. TERRIFIO reserves the right to initiate or to revise subscription fee amounts at any time, at its sole discretion.
c) TERRIFIO grants you a limited, revocable, non-transferable, non-exclusive, non-sublicensable license, to access and use the Platform to test its functionality and provide feedback. TERRIFIO hosts and retains physical control over the Platform and makes the Platform available for your access and use. TERRIFIO reserves the right, at its sole discretion, to revoke your access and use of the Platform at any time. Further, TERRIFIO reserves the right to access your account as needed (i) to monitor or measure use of the Platform; (ii) to validate certain features or functionality of the Platform; and (iii) and to provide services or support necessary to maintain the Platform.
d) You may not rent, lease, distribute, or resell the Platform, or use the Platform as the basis for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings as may appear on or in the Platform.
e) Upon reasonable request by TERRIFIO, you agree to provide suggestions, enhancement requests, and recommendations (individually and collectively, “Feedback”) regarding the Platform. Feedback shall include informing TERRIFIO about the performance, ease of use, features that may be missing, and any bugs encountered during the use of the Platform. TERRIFIO may contact you and you agree to make available a reasonable amount of time to discuss the Platform with TERRIFIO, if so requested. TERRIFIO may, without restriction, use, modify and incorporate this Feedback into the Platform and other TERRIFIO products and/or services without any restriction and without any payment to you.
f) TERRIFIO maintains all right, title and interest in and to all its patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”) both in the Platform and in any features, functions and coding in additions, updates or modifications thereto following the Beta Program and thereafter. The limited rights granted to you to access and use the Platform under this Agreement do not convey any additional rights in or to the Platform, or in or to any Intellectual Property Rights associated therewith. Subject only to the limited rights to access and use of the Platform as expressly provided herein, all right, title and interest in and to the Platform and all software and other components of or used to provide the Platform, and all adaptations or improvements to the Platform, including those arising from Feedback during this Beta Program, and all related Intellectual Property Rights therein, will remain with and belong exclusively to TERRIFIO.
g) You may terminate your participation in this Beta Program at any time, by emailing us at email@example.com. Upon termination, you will notify any subscribers you have invited to join your account (“Your Users”) that their access at least to your account on the Platform is also terminated, and TERRIFIO retains the right to withhold, remove or discard any content, data, or other information that Your Users enter on the Platform. Following termination, TERRIFIO is not obligated to store, maintain or provide a copy of any content, data or other information that you or Your Users made available or provided when using the Platform. You acknowledge that, while your obligations shall terminate upon termination of this Agreement, the foregoing shall not limit TERRIFIO’s rights pursuant to Section e. as related to any Feedback provided before or after such termination. Sections c., d., and h. to k., and all obligations thereunder, shall survive any termination of this Agreement.
h) You will not, and will not permit Your Users to, share the Platform access rights with any other individual, except for the purposes of accessing your Beta account, should you not be able otherwise to add such other individual as a user. In this case, you acknowledge that your responsibilities as a Subscriber herein, extend to the activities of such user, and you shall direct such user to act immediately to take steps to become a Subscriber.
i) You acknowledge and agree that participation in the Beta Program may result in TERRIFIO disclosing certain confidential, proprietary and/or trade secret information related to the Platform and/or TERRIFIO (the “Confidential Information”). Such Confidential Information includes, without limitation, the features, functionality, and any know how, trade secrets, computer programs, source code, flowcharts, diagrams, manuals, schematics, development tools, specifications, design documents, marketing information, financial information, business plans or reports made available to you. You agree that you will not, without the express prior written consent of TERRIFIO, disclose any Confidential Information or any part thereof to any third party, except to the extent that such Confidential Information (a) is or becomes generally available to the public by a single source, through any means other than as a result of any act or omission by you; (b) is rightfully received by you from a third party that is not subject to any obligation of confidentiality with respect thereto and without limitation as to its use; or (c) is independently developed by you without any reliance on any Confidential Information. At the termination of your participation in this Beta Program, or at any time by request of TERRIFIO, you will return all Confidential Information in your possession to TERRIFIO, or delete any such Confidential Information. You further agree that you will not duplicate, translate, modify, copy, print, disassemble, decompile or otherwise tamper with the Platform or any Confidential Information.
j) TERRIFIO PROVIDES THE PLATFORM “AS IS”. TERRIFIO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING the Platform, INCLUDING ANY REPRESENTATION THAT THE SERVICES THEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TERRIFIO DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF the Platform. FOR THE AVOIDANCE OF DOUBT, the Platform IS EXPECTED TO CONTAIN DEFECTS WHICH MAY BE MATERIAL AND IS NOT EXPECTED TO OPERATE AT THE LEVEL OF PERFORMANCE OR COMPATIBILITY OF A FINAL, GENERALLY AVAILABLE PRODUCT OFFERING. the Platform MAY NOT OPERATE ACCURATELY AND MAY BE SUBSTANTIALLY MODIFIED OR WITHDRAWN AT ANY TIME. ACCORDINGLY, ACCESS TO AND USE OF the Platform IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL TERRIFIO BE LIABLE FOR ANY DAMAGE WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE the Platform, EVEN IF TERRIFIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF the Platform.
6. Neither TERRIFIO nor you shall make or permit to be made any public announcement or endorsement concerning a relationship between TERRIFIO and you without the prior written consent of the other party except as expressly permitted in this section. So long as you remain a Subscriber, you grant TERRIFIO the right to use your trade names, trademarks, logos, and symbols (“Marks”) in our public promotional materials and communications for the sole purpose of identifying you as a Subscriber. You warrant that you are the legal and beneficial owner of such Marks. TERRIFIO shall not modify the Marks or display the Marks any larger or more prominent on its promotional materials than the Marks of other Subscribers. The foregoing promotional materials and communications may be created, displayed, and reproduced without your review, provided that they are in compliance with this section and any Marks usage guidelines you provide in writing.
6a. Should you provide any such public announcement, favourable comment to be included in a public announcement, or endorsement (collectively the “Endorsement”) under section 6., whether solicited or unsolicited, whether on your own behalf and/or on behalf of a related party, whether or not the related party is identified in the Endorsement, you do so while recognizing that any such Endorsement may bring with it certain risks, both to you and the related party. You hereby consent to our use of such Endorsement, and hereby declare that you have the authority to provide such consent on behalf of such related party (collectively, the “Consent”). By this Consent, you (and if applicable such related party) grant us the irrevocable right to use the Endorsement, unconditionally. Further, both you and the related party, agree to indemnify and hold us harmless from any loss (including attorneys’ fees) or damage that result from any third-party claims or legal proceedings that may be brought against you or the related entity, arising directly or indirectly from your Endorsement.
7. No Warranty: The Platform uses industry standard encryption as provided by current internet protocols for the transmission of data over the internet, and to encrypt stored data as provided by our server service providers. Further details may be available at https://bubble.io/terms and https://bubble.io/support-article/how-is-bubble-hosted.
8. However, we cannot guarantee confidentiality. For instance, loss of confidentiality can sometimes arise from actions beyond our control, such as the unauthorized access of a password of a Service Provider, or defects in crypto algorithms or cryptosystems. Administrators of the Platform may have access to at least some of the information contained in a VPM Listing and, if applicable, Subscriber account information. Security breaches can sometimes arise when computers and software used by Subscribers are not regularly kept up to date. We do not warrant against security risks that may arise by the deployment of iframe code provided by the Platform on the designated url for displaying the VPM Listing, or for any other purpose. We do not warrant against any disruptions, malicious third-party attacks or other events (“Events”) either to the Platform or to a designated url containing iframe code provided by the Platform, that may lead to the exposure, loss or inaccessibility of some or all of the VPM Listing or related Patent Data and/or Product Data, including all or part thereof, Service Provider account information and any additional related meta data. Further, such Events may require that we take actions to secure or otherwise protect the Platform, and in such case you consent to any actions deemed by us to be reasonable and/or necessary to suspend the services of the Platform in whole or in part, in order to do so, which may result in functions and/or links on the Platform which you have integrated into your digital and analog activities, to not function. We will endeavour to provide notice of any such actions. We recommend that you maintain a current backup of all information you enter or otherwise store on the Platform.
9. Responsibility for Service Providers: Our Subscribers (or those who our Subscribers may consider for assistance with the Platform) may include IP Professionals and IP Firms, who may represent themselves to be competent to practice in the field of Intellectual Property. We provide no representation nor warranty whatsoever as to the fitness, quality, cost or timeliness of their work product. The Platform does not verify any form of certification or specialization associated with any such IP Professional or IP Firm and cannot vouch for the licensure or status of such licensure for any such IP Professional or IP Firm. As an IP Owner, client, or representative thereof who may have retained a Subscriber for using the Platform on your behalf, you accept the sole responsibility and liability to verify the credentials of any such IP Professional or IP Firm. We recommend that you not engage any such IP Professional or IP Firm who does not meet your expectations, criteria, or requirements. You may find a link for registered patent attorneys or patent agents at the website of your national Patent Office. For instance, publicly available information may be provided on the page for the U.S. Patent Office, Office of Enrollment and Discipline. You may also find a relevant state attorney registration and disciplinary commission site for any such IP Professional or IP Firm. We are not responsible for and assume no liability for any correspondence, transaction or contract entered into with an IP Professional or IP Firm you engage with via this Platform. Any contract you enter into with an IP Professional or IP Firm is between you and that party. We accept no responsibility or liability to participate in, or to assist in, resolving any disputes between you and any such IP Professional or IP Firm, for example in relation to the scope of work they carry out for you or the fees that they charge you. We recommend that you only engage an IP Professional or IP Firm, whether associated with the Platform or otherwise, who meets your expectations, criteria, and/or requirements in order to establish an attorney-client, solicitor-client, or agent-client relationship to protect the confidentiality of your information and your relationship with such an IP Professional. We recommend that you ask such IP Professional about the details of such a relationship, as such details may vary or otherwise depend on the specific rules of professional conduct applicable to specific professionals in specific jurisdictions.
10. No Privilege: No attorney-client, solicitor-client, or agent-client relationship is created between you and the Platform. The Platform is not a party to any such relationship that may arise between you and a subscribing IP Professional you may retain, either by way of a referral from the Platform, or that you find independently of the Platform. The Platform has no control over any of the actions of any such IP Professional or other Service Provider, or IP Owner. The information you provide to the Platform leads to part of the written record associated with your account and may not be protected by any form of legal privilege.
11. Payment: The Platform may provide a payment processing gateway (“Payment Gateway”) and may charge a subscription fee (“Subscription Fee”) or other fee for Subscribers to have access to the Platform. Any failure to pay the Subscription Fee may lead to us disabling your account or access to the Platform. Any such disabling action and any decisions to reinstate your account or access to the Platform may be made by us in our sole discretion.
13. Deleting Account by Subscriber: If you wish to delete your Account as a Subscriber, you may do so from the account preferences section. Once your Account is terminated, all of your user accounts, all application data, user data and account settings (“Account Information”) and all of your VPM Listing information (“Listing Information”) will be deleted and not recoverable, using industry standard recovery tools. However, we cannot necessarily rule out the possibility of data being recovered utilizing current or future forensic technologies. In some cases, meta information may be stored about your usage of software under this domain. In some cases, we may back up Account Information and/or Listing Information for a limited time period.
14. Use of the Platform: You agree that you will use the Platform in good faith and for its intended purpose and you will not misuse or cause damage of any kind to the Platform or any of its other users, or to data stored therein, nor will you perform any act that contravenes any laws or that infringes any third party rights, or as a cover for learning the acts of any other users. You also agree to the Acceptable Use Policy set out at Annex 1 to these Terms. We have the right to remove any content that you upload to the Platform if, in our sole opinion, such content does not comply with our Acceptable Use Policy or contravenes these Terms.
15. Updates to the Platform: You acknowledge that from time to time you may encounter flaw, errors or imperfections that may arise in the course of using the Platform. You acknowledge that prompt and accurate reporting will assist in taking corrective action that may result in improvements, modifications and/or changes, possibly leading to new features, functions, or tools, which will improve your experience with the Platform. You also acknowledge that any such improvements, modifications and changes, and any such new features, functions, or tools, arising from or, in connection with your use of the Platform, will remain or become the exclusive property of TERRIFIO.
16. Limitation of Liability, Termination of Service: You agree that in no event shall the Platform be liable to you, or any party directly or indirectly associated with you, whether the claim be in contract, tort (including negligence) or any other cause of action, for an amount in excess of any fees you have paid to the Platform, or $150 whichever is less, in the six months prior to your termination of service. We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your:
1) use of, or inability to use, the Platform; or
2) use of or reliance on any content or code generated by the Platform, or reliance on actions to be taken by the Service Provider.
We shall under no circumstances be liable for any loss of profits, business interruption, loss of data, loss of earnings, cost-savings, opportunities foregone, losses resulting from disruption to business, or any indirect or consequential loss or damage.
17. Our Rights: We reserve the right at our sole discretion to remove Account Information, a VPM Listing, Patent Data and/or Product Data, and/or any other information in relation to your Profile, or to terminate your Account in its entirety, for any reason whatsoever, including to satisfy a Regulatory requirement, or to otherwise comply with a Regulatory Authority. We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted, or be error free. We may suspend or withdraw or restrict the availability of all or any part of the Platform for business and operational reasons at any time.
19. Governing Law and Jurisdiction: This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and interpreted and construed in accordance with, the laws of Ontario and the laws of Canada applicable therein, without any reference to, or application of, that body of law known as conflict of laws. The United Nations Convention on the International Sales of Goods is waived and does not apply to this Agreement or use of the services or products provided hereunder.
20. Arbitration. You irrevocably and unconditionally agree that all disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, will be finally resolved by arbitration under the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. The Seat of arbitration will be Toronto, Ontario. The language of the arbitration will be English. Before either party starts an arbitration, the parties shall have 30 days of good faith discussions to attempt to resolve any disputes. Any matter not covered by such arbitration will be heard exclusively by the Courts of the Province of Ontario in the City of Toronto. Any Court of Competent Jurisdiction may enforce any arbitral award or order. Notwithstanding this paragraph, any party may seek an interim or interlocutory order from the Courts of Ontario in relation to this agreement.
21. This document contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes any prior or collateral representation, communication, negotiation or agreement. Any failure to enforce any provision of this agreement shall not constitute a waiver thereof or of any other provision.
22. You acknowledge that you have placed no reliance on any representation made but not set out expressly in these Terms.
23. You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent and advance approval.
24. We may, in our sole discretion, assign, transfer or sub-contract all or any of our rights at any time without notice or consent.
25. You agree to indemnify and hold TERRIFIO, its officers, directors, contractors and employees harmless from any loss (including attorneys’ fees) or damage that result from any third-party claims or legal proceedings that may be brought against you and related in any way to your (or Your Users’) access, use or misuse of the Platform, including but not limited to any allegations of alleging false marking arising from one or more VPM Listings originating directly or indirectly from the Platform, or any act or omission by you or Your Users in violation of this Agreement, of the Platform and for any loss or damage you suffer or incur as a result of your use of the Platform or your breach of these Terms.
26. You acknowledge that your use of the Platform confers no right to you to outsource, rent, repackage, or re-brand the Platform, or to alter any presentation of the Platform or to add advertising or any other association of any other entity with the Platform, or alter or remove any trademark and copyright notices thereon, or to present the Platform in any way whatsoever.
27. All content included on, and the compilation of the Platform is protected by copyright. We reserve all rights to such copyright. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Platform is strictly prohibited. You may not copy reproduce, modify, publish, distribute, transmit, transfer or create derivative works from any content, nor any portion thereof, without first obtaining our advance written permission.
Annex 1 – Acceptable Use Policy
1. You may not upload to the Platform, or allow us to use, any material during the course of your use of the Platform that:
a) infringes any copyright, database right or trade mark of any other person;
b) breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
c) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
d) facilitates illegal activity;
e) depicts sexually explicit images;
f) promotes violence;
g) is discriminatory based on race, gender, age, colour, religious belief, sexual orientation, disability; or
h) is otherwise illegal or causes damage or injury to any person or property.
2. You are responsible for configuring your information technology, computer programmes and/or devices to access our Platform. You are required to use your own virus protection software. You must not misuse our Platform or website by knowingly introducing viruses, Trojan Horse virus, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our Platform is stored or any server, computer or database connected to our Platform or website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 of the U.K, or other legislation in the U.K. and other jurisdictions. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
3. You may not:
a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between us and except to the extent expressly permitted under the User Terms:
i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of any materials published on or software comprised in the Platform in any form or media or by any means; or
ii) attempt to decompile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of any software comprised in the Platform;
b) access all or any part of the Platform in order to build a product or service which competes with the Platform; or
c) use the Platform to provide services to third parties; or
d) assist third parties in obtaining access to the Platform.
4. You must use all reasonable endeavours to prevent any unauthorised access to, or use of, the Platform and, in the event of any such unauthorised access or use, promptly notify us.
5. If you choose, or we provide you with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
6. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these provisions of the Acceptable Use Policy.
Last updated 23 October 2023