“Intellectual Property” or “IP” means any type of intellectual and/or intangible property capable of being protected under the relevant intellectual property legislation including, without limitation, patents, inventions, trade secrets, trade names, trademarks, trade dresses, copyrights, works of authorship, discoveries, domain names, industrial designs, system designs, software (including its executable code and source code), improvements, developments, know-how and/or any other proprietary information.
“Website” or “Site” means
www.PioneerIP.com and various social media pages operated by PioneerIP or on its behalf, and includes all landing pages, subpages and all affiliated social media pages used by PioneerIP for provision and/or advertising and/or marketing of its services.
The terms and conditions contemplated herein include substantial limitation of liabilities of PioneerIP and waiver of claims by the User; and require the use of arbitration on an individual basis to resolve any dispute between the User and PioneerIP rather than personal court proceedings or class actions. Please read them carefully and make sure you completely understand the extent of the limitations and waivers before you proceed to visit the Site or use any other Services offered by PioneerIP. The Company allows your access to the website and the use of its Services in reliance on your complete and unconditional acceptance of all the terms and conditions contained herein.
A.
General
1. By visiting the Website and using the Services, Users expressly agree to comply with the terms and conditions contemplated herein as well as with any other guidelines, rules and/or policies as might be posted from time to time by PioneerIP.
2. PioneerIP may make changes and updates to these terms of use and any other policy or rules applicable to Website or other resources when and if needed. Any such document(s) will become effective on the date of its posting on PioneerIP, unless expressly provided otherwise. By visiting the Site or using the Services, You agree to comply with the most recent version posted thereon. It is Your responsibility to review and verify the most updated version of the documents governing the use of the Site and such documents will govern Your use of the Site whether you read them or not.
3. All information posted by Users on PioneerIPWebsite or social media pages, including personal opinions, suggestions, reviews and responses to the Services and their benefits, and more, is being posted as the personal opinion of such Users over which PioneerIP has no control and direction. PioneerIP retains the right (but not the obligation) to remove any comments and opinions which, at the Company’s absolute discretion, are discriminatory, derogatory, insulting or contradict Company’s policies and procedures.
4. PioneerIP only permits individuals over 18 years of age to become Users. Each User declares and PioneerIP relies on such declaration, that the User is older than 18 years old, has the required legal capacity to visit PioneerIP Website, participate in its forums or social media pages and purchase the Services offered by PioneerIP.
5. Users must be natural persons but can specify within their account description that they represent a business entity. At its absolute discretion, Company may refuse to allow any person to register or create an account at PioneerIP or cancel or suspend any existing account.
B. Service
1. PioneerIP provides an AI-Powered automation of IP-related searches and information.
2. PioneerIP has developed its unique platform and algorithms based on the AI-Powered automation that automates IP-related searches.
3. The system includes multiple search and detection options, all based on proprietary AI search engine, user-input based machine learning and IP-related searches based on the system’s learning of the user’s input and specific requirements.
4. The services are being offered by PioneerIP either on a pay-per-use or subscription basis. The scope of the services will be determined by the Client through its account and product purchase page.
5. PioneerIP provides only the service of IP-related searches. Search results generated by PioneerIP shall not be deemed as professional advice, professional service or expression of opinion by PioneerIP. Nor should the search results be construed as legal advice or legal opinion.
6. By using the Services, the User agrees that:
a. The User or its agents and legal representatives shall be solely responsible for the review, interpretation and use of the search results.
b. Search results depend on the information and responses provided by the User before, during and after the search and therefore, the results may vary with time.c. PioneerIP does not warrant and/or represent that its search results are free of errors, will provide an absolute search of the User’s IP related information or will be able to identify all or any of the current or potential patent infringements.
d. PioneerIP does not express its opinion on whether the search results indicate actual infringement of the User’s Intellectual Property as such may be defined by the laws and regulations of the geographical and legal jurisdiction where the infringing activity occurs.
e. User shall obtain professional and/or legal advice with regards to the search results and their applicability to the User’s IP Assets. User acknowledges that the search results provided by PioneerIP are not intended and shall not be deemed as professional and/or legal advice.
7. Duration and termination of the Service shall be as follows:
a. For any pay-per-search Service, the duration of the Service shall be for the number of searches purchased by the User. Any payment made for a search that was not used during twelve months period commencing from the date of purchase will expire and no refund will be provided.
b. For subscription based Service, the Service will be billed monthly and will continue indefinitely until terminated by the User by providing a written notice to PioneerIP or by selecting the option to terminate the Service in the User’s account.
The Parties may agree that the payment of fees will be based on monthly invoicing of the User. In such case, the User will be invoiced for the Services on a monthly basis. All invoices issues to the User shall be paid within 10 days from the invoice date. The User shall keep its contact and delivery information up to date to ensure timely delivery of the invoices. Should the User fail to pay an invoice when due, PioneerIP shall have the right to postpone or terminate the Services until the payment is made in full.
C. Terms of Use
1. By accessing the Site or PioneerIP app, client hereby agrees to the terms and conditions of use listed herein, to PioneerIP End User License Agreement (EULA), Privacy Policy and Cookies Policy and any other legal documents posted by PioneerIP from time to time at its Site.
2. By registering for the Services on behalf of a business organization, an individual submitting the application acknowledges and confirms that
a) the individual is the authorized representative of the business;
b) the individual has the authority to bind the business to these Terms of Use;
c) the individual unconditionally agrees, personally and on behalf of the business, to be bound by the terms and conditions listed herein.
3. When registering as a business client, User must select the suitable option and provide certain registration information requested by PioneerIP (such as legal and operating names, address, contact information, business or VAT number and more). By submitting such information, business client represents and warrants that such information is accurate, correct and up-to-date.
4. Any use of the PioneerIP account by a business client shall be limited only to the authorized employees and agents of the business. The username,email, password and other login information as applicable to the business’ account shall be held in confidence and business client shall be responsible to protect its login information from unauthorised disclosure.
5. Any conflicts, legal actions, and regulatory complaints between the client and any of the service providers sourced through the platform, whether such service provider was hired to provide the services or not, shall be adjudicated by and between the parties and PioneerIP shall have no liability whatsoever for any such dispute(s).
6. In case the User is an attorney or other professional service provider acting on behalf of their respective clients (the User’s Client), by accessing the Site, User acknowledges and agrees that:
a. User is duly retained and has the authority to act on behalf of the User’s Client.
b. User has the authority to submit the User’s Client’s information, including any proprietary, confidential, patent, development and other types of information, to PioneerIP.
c. User is responsible for the payment of the fees to PioneerIP and has no right under these Terms of Use or any other express or implied agreement, to assign its responsibility to the User’s Client or any other third party without prior written consent of PioneerIP.
d. By providing its professional advice to the User’s Client, User shall be solely responsible for the accuracy and quality of such advice, whether based on the results of PioneerIP search or not; and User acknowledges its understanding that additional searches and investigations might be required to prepare its advice.
e. Under no circumstances shall PioneerIP be responsible for the outcome(s) of the services provided by User to its client(s).
7. By registering to PioneerIP Services and by providing their personal and professional information and by communicating with PioneerIP and its AI-powered search automation, User hereby agrees for the PioneerIP use of such information as a part of the Services as follows:
a) to review, assess and analyze the information by PioneerIP;
b) to include information within its algorithms and other tools intended to assist PioneerIP in its search automation;
c) to send notifications, updates and future search results to the User;
d) for statistical data and marketing research by or on behalf of PioneerIP;
e) for product result optimization, data processing and PioneerIP own research and development;
e) for implementation of the search results, User’s communication and feedback and other input for further development of PioneerIP search platform.
8. Service provider hereby acknowledges and warrants that all information submitted by the service provider to PioneerIP is accurate, correct, up-to-date and not misleading.
9. By accessing the Site, or by using the Services offered by PioneerIP, User hereby agrees to forever waive any claims, demands, complaints or other legal and/or administrative actions against PioneerIP.
10. The User hereby agrees and acknowledges that the Service is offered as-is, and PioneerIP does not guarantee uninterrupted and continuous access of the User to the Service. The User further agrees that PioneerIP does not guarantee that its search results will be exhaustive.
11. PioneerIP is not responsible for any damages arising as a result of the User’s use of the Services, or arising from the provision of the services resulting from the User’s use of the Services.
D. Payments and Fees for the Service
1. The Service is offered by PioneerIP either as a pay-per-use or subscription.
2. The fees are published on the Site or offered to the Client by any other means, and will apply as of the date of the User’s use of the Service. In case the fees were increased or reduced between the time the User subscribed for the Service and the time the User used the Service, the original fees agreed to by the User will apply.
3. PioneerIP may offer special pricing, seasonal or special discounts or advertise various sales and promotions – such offers, unless expressly mentioned otherwise, will apply only for new User(s) or newly purchased Services, and will not affect existing pricing of the User.
4. Where subscription model is used by the User, the fees will be billed monthly starting on the 1st of the month following the date of subscription. All payments will be charged to the User’s credit card provided at the time of subscription. All post due payments will bear 2% monthly interest, and an NSF or returned payment fee of USD250.00 will be added to the payment immediately following the NSF/returned payment.
5. PioneerIP has the right to terminate its Services without advance notice and without waiting period in a case the User fails to pay any of the payments owed when due.
6. All prices advertised on the Site are exclusive of any applicable taxes, which will be added to the billing at the checkout or to the monthly charge in compliance with the applicable tax laws and regulations.
7. All prices advertised on the Site, all payments and any applicable taxes and other expenses are calculated in Unites States Dollars.
8. All payment related fees, such as credit card fees, bank fees, wire fees and others are to be paid by the User
E. Intellectual Property
1. PioneerIP Website, search engine, AI and ML algorithms and all images, texts, data, designs, artwork, photographs, audio and video clips, documents and all software used by PioneerIP, including source code, are owned or licensed by PioneerIP.
2. All information and documents published by PioneerIP on the PioneerIP Website including posts, general information, professional articles, and guides, are of a proprietary nature and are offered exclusively for a personal use or reference by the User. Any repost, resell or other distribution of the information without obtaining a prior written consent of PioneerIP is strictly forbidden.
3. PioneerIP owns or duly licenses all intellectual property rights in and associated with the Services, including without limitation copyright, trademarks, patents and more. Any logos, images, trademarks, service marks and other commercial signs and names (together “marks”) used on PioneerIP Website or mobile app are the property of the Company and the Users are hereby expressly prohibited to copy, reproduce or make any other use without prior written approval of the respective owners of such marks.
4. Users are not allowed to copy, transmit, edit, or otherwise use any intellectual property belonging to PioneerIP, without a prior written authorization for such use.
5. All intellectual property rights arising from search results and automation shall belong to PioneerIP with the User receiving a limited, irrevocable, perpetual license to use such intellectual property for the purpose of its initial purchase. User shall not use search results generated by PioneerIP for any purpose other than personal business use, or provision of professional services to the User’s Client(s). No public dissemination of search results is permitted.
6. User shall not sell any search results or other content generated by PioneerIP except to the User’s Client in compliance with the terms of retainer of the User by its client.
7. PioneerIP hereby authorizes and provides limited license to Users to access its Website and the public information posted therein. The User is hereby prohibited to use the Site and all PioneerIP’s information for any other purpose, including without limitation to conduct professional research, reverse-engineering of the source code and PioneerIP’s algorithms, or any other use not compatible with the limited license provided herein.
8. If User is interested in using PioneerIP Website link for redirecting potential clients and users to PioneerIP Website, the User must obtain Company’s approval for using such link, in the absence of which the User will be considered in breach of the Company’s intellectual property.
9. Any use of automated software, scripts, web scraping tools and any related hardware on the PioneerIP Site, is strictly forbidden. The use of any automated scripts to generate and retrieve search results is expressly prohibited.
10. All information and intellectual property submitted by User to PioneerIP system to receive Services, including User’s feedback and search modifications shall be and forever remain in the ownership of User and PioneerIP shall have a limited license to use such information for generating its search results and for other purposes defined in these Terms of Use.
F. Confidential Information
1. For the purpose of this Par. F, the party disclosing confidential information shall be referred to as the Disclosing Party and the party receiving confidential information shall be referred to as the Receiving Party.
2. “Confidential information" means information, documents, data or materials (including audio-visual) in paper, digital, electronic or any other form on any media to be provided, transmitted or disclosed to the Receiving Party, whether disclosed in writing, orally, by any means of electronic communication, or by the way of observation of processes and operations; and whether or not marked as confidential or otherwise designated as such, or as could be reasonably considered to be confidential or proprietary to the Company at the time of disclosure and throughout the term of this Agreement. Confidential information shall include without limitation:
a. designs, ideas, products, inventions, discoveries, prototypes, equipment, samples, know-how, analysis, outcomes of research and testing, budgets, projections, reports, plans, research and development, contracts, programs, software, source code, financial documents and information, prices, lists of clients, and business policies or practices;
b. business and financial information, proceedings, assets and liabilities, performance indicators, intentions, actions and/or omissions, marketing or advertising strategies, claims, litigation, investigations;
c. any analytical or other conclusions, reports, forecasts, studies, or other documents prepared by the Disclosing Party, or any other persons that contain or in any way reflect any of the Confidential Information defined in subsections (i) and (ii); and
d. Information about the business operations and the proposed terms of cooperations, and Parties participation in their mutual relationships; and Any derivative information, technological development, discovery, business strategy, development and manufacturing processes and other proprietary information developed through the use, application or reliance on the Confidential Information disclosed hereunder.
e. Without limiting the generality of the foregoing, Confidential Information shall include the following:
i. Identity of the User in connection with particular search(es);
ii. Search topics and the fact that the search has been conducted;
iii. Description of the IP development project that was provided for the purpose of a search;
iv. User’s initial input and feedback provided for the search;
v. Search results produced by PioneerIP in response to the User’s inquiry.
3. Receiving Party shall hold all Confidential Information in strict confidence and agrees not to use any such Confidential Information for any purpose other than in connection with the Services.
4. Receiving Party shall notify Disclosing Party immediately upon discovery of any unauthorized use or disclosure of Confidential Information, and shall fully cooperate with the Disclosing Party in every reasonable way to help regain possession of the Confidential Information and to prevent any further disclosure thereof.
5. At any time, at the written request of the Disclosing Party, the Receiving Party shall immediately return Confidential Information (whether stored as a hard copy, electronic, magnetic media, and/or other formats) in its possession. If the Confidential Information was destroyed by Receiving Party instead of the return, it shall certify in writing as to the destruction of such Confidential Information.
6. All Confidential Information (including, without limitation, all copies, extracts and portions thereof whether stored physically or electronically) is and shall remain the sole property of the Receiving Party. Receiving Party does not acquire (by license or otherwise, whether express or implied) any intellectual property rights except for the limited right to use such Confidential Information in accordance with the express provisions of Terms of Use.
G. Claims and Dispute Resolution
1. The Company encourages efficient, peaceful and amicable resolutions of any disputes, claims or demands by the User. By visiting PioneerIP.com or using its Services, the User hereby agrees as follows:
a. Any disputes between the User(s) and any third party arising from the Services or results of the patent infringement search shall be resolved by the User and such third party, and PioneerIP will not be involved in such disputes.
b. The PioneerIP fees, as defined during the checkout process shall be deemed fully earned by PioneerIP by allowing User’s access to PioneerIP search tools disregarding of the outcome(s) of the search provided by PioneerIP.
c. Any disputes, claims or demands of a User to PioneerIP shall be discussed by the parties with an honest attempt to reach an amicable resolution. If the Parties are not successful in resolving the dispute, then the Parties agree that the dispute shall be settled by arbitration before a single arbitrator in accordance with the Arbitration Act, 1991 (Ontario), and the Arbitration Rules of the ADR Institute of Canada Inc. The Parties agree that all proceedings relating to arbitration shall be kept confidential and there shall be no disclosure of any kind. The decision of the arbitrator shall be final and binding and shall not be subject to appeal on a question of fact, law or mixed fact and law.
d. In reviewing and deciding the dispute, the arbitrator, and if required, the courts shall apply the laws of the province of Ontario and the federal laws of Canada where such laws supersede the provincial laws.e. All User’s claims and disputes shall be resolved on a personal basis, and User hereby forever waives any right of class action or otherwise conducting a dispute on behalf of a group of Users.
2. Any claims and disputes arising from or relating to the processing of the payment(s) made by a User through PioneerIP shall be referred directly to the respective payments service provider (PSP). The User may request the information relating to the PSP from PioneerIP and it will provide the contact information of the PSP that is responsible for the payments made by the User and any reference information PioneerIP has about the transaction processed by the User. The Company’s responsibility for the payment disputes resolution shall include only provision of the contact information of the PSP.
H. No Warranties and Limitation of Liability
1. THE USER HEREBY AGREES TO RELEASE AND FOREVER DISCHARGE PIONEERIP FROM ANY CLAIM, COMPLAINT, LEGAL OR ADMINISTRATIVE PROCEEDINGS AND OTHER DEMAND, KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE OF PIONEERIP WEBSITE OR MOBILE APP AND OTHER PIONEERIP SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE USER HEREBY AGREES AS FOLLOWS:
a. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PIONEERIP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO ITS SITE OR SERVICES. PIONEERIP DOES NOT GUARANTEE THAT PIONEERIP WEBSITE WILL BE ERROR FREE, BUG-FEE, VIRUS-FREE, OPERATING, SAFE, SECURE OR THAT THERE WILL BE NO DISRUPTIONS OR MISTAKES ON PIONEERIP WEBSITE.
b. PIONEERIP IS NOT RESPONSIBLE FOR ANY INFORMATION PROVIDED BY THIRD PARTIES AT PIONEERIP WEBSITE, AND THE USER HEREBY FOREVER RELEASES THE COMPANY AND WAIVES ANY OF THEIR RIGHTS AGAINST THE COMPANY ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED BY OR ACTIONS MADE BY ANY THIRD PARTY AT PIONEERIP OR ITS SOCIAL MEDIA PAGES.
2. IN NO EVENT WILL PIONEERIP BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY OUT OF POCKET EXPENSES, WHETHER BASED ON CONTRACT, TORT, COMMON LAW OR EQUITY, ARISING OUT OF OR IN CONNECTION WITH PIONEERIP WEBSITE, SOCIAL MEDIA PAGES, OR ANY SERVICES PURCHASED THROUGH PIONEERIP WEBSITE, EVEN IF PIONEERIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE CLAIM OF THE USER EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE USER OR $2,000.00, WHICHEVER IS LOWER, AND THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE USER SHALL BE TO STOP USING PIONEERIP WEBSITE AND ITS SERVICES.
3. The User hereby understands and consents that the access to PioneerIP Website and the use of the Services is conditional upon User’s full and unconditional acceptance of the terms and conditions contemplated herein. The User hereby agrees to waive any claims of unreasonableness, unconstitutionality or unenforceability of these terms and conditions. The User further agrees that the terms and conditions contained herein shall completely bar and prevent the User from raising any claims or requests to the court to declare these terms and conditions or any part thereof as unenforceable.
