Terms of Use for Pre-IP Certification Services of UNIPLAT
of [28 January 2022]
Version 0.9.0
The Terms of Use were last amended on 28 January 2022.
1 Unify Platform AG, Grafenauweg 7, 6300 Zug, Switzerland (“Unify”) has developed a SaaS-software platform enabling users (“User” and/or “You”) to create digital, blockchain powered, certificates related to particular intellectual property rights (“UNIPLAT”), evidencing the existence of such intellectual property rights at a particular point in time.
2 These Terms of Use for Pre-IP Certification Services govern the relationship between you/User and Unify, together the “Parties”, with respect to your use of our certification services (“Pre-IP Certification Services”) on our platform UNIPLAT.
3 Please read these Terms of Use carefully before using UNIPLAT and/or the Pre-IP Certification Services. By using the Pre-IP Certification Service, you agree to be bound by these Terms of Use for Pre-IP Certification Services of UNIPLAT (“Terms of Use for Pre-IP Certification Services”).
4 These Terms of Use for Pre-IP Certification Services form the entire agreement between the User and Unify regarding the Pre-IP Certification Services provided by Unify on UNIPLAT.
5 The User acknowledges and accepts that the Terms of Use of UNIPLAT and UNIPLAT Pay [link to terms of use of UNIPLAT and UNIPLAT Pay] remain in full force and effect.
6 Other capitalized terms not defined above have the meaning as specified in the Terms of Use of UNIPLAT and UNIPLAT Pay [https://www.uniplat.social/terms].
By using UNIPLAT and/or the Pre-IP Certification Services, User represents and warrants that User is of the legal age of majority in its jurisdiction as is required to access UNIPLAT and/or the Pre-IP Certification Services. User further represents that User is legally permitted to use UNIPLAT and/or the Pre-IP Certification Services in its jurisdiction including owning cryptographic tokens of value and interacting with UNIPLAT and/or the network in any way. User further represents that User is responsible for ensuring full compliance with the applicable laws in User’s jurisdiction and acknowledges that Unify is not liable for User’s compliance with such laws.
7 Access to the Pre-IP Certification Services is granted to any User having successfully registered on UNIPLAT. A User must apply and register for the Pre-IP Certification Services on UNIPLAT.
8 When setting up an account on UNIPLAT, you will be responsible for keeping your own account secrets. You agree to (a) never use the same password for UNIPLAT that you have ever used outside of this service; (b) keep your secret information and password confidential and do not share them with anyone else; (c) immediately notify Unify of any unauthorized use of your account or breach of security. Unify cannot and will not be liable for any loss or damage arising from your failure to comply with this section. There is no possibility for Unify to recover your private password.
9 To make use of the Pre-IP Certification Services, the User must provide User Content on UNIPLAT in line with the https://www.uniplat.social/termsPreIp.
10 To request the Pre-IP Certification Services of Unify, User must subscribe to Pre-IP Certification Services (see Section 6 below) and register User Content on UNIPLAT as Pre-IP.
11 A User can register a User Content as Pre-IP by connecting User’s Metamask wallet and transmitting an amount of ETH for the GAS fee according to the market price, to the smart contract in order to establish the token. The transaction will be registered on the blockchain (URL) and serves as timestamp and registration for Pre-IP (“Pre-IP Registration”).
12 In addition, the User is requested to register the URL of the User Content/Pre-IP on the blockchain for the issuance of the Pre-IP NFT. The URL of the User Content/Pre-IP serves as content for the Pre-IP NFT, i.e., the URL is the data that shall be registered on the blockchain through the Pre-IP NFT and by using the blockchain based technology.
13 After successful Pre-IP Registration and register of URL as outlined above, User may request for the issuance of a Pre-IP NFT.
14 User acknowledges and accepts that (i) Pre-IP NFT is owned and controlled by Unify and User has no access to any private key of Pre-IP NFT, (ii) Pre-IP NFT (and the NFT Metadata contained therein) are not available to User, not intended for trading and serve as basis for the issuance of the Pre-IP Certificate and for data recording purposes of Unify only and (iii) User does not have any claim against Unify to the Pre-IP NFT and/or out of the Pre-IP NFT.
15 Based on successful Pre-IP Registration and issuance of the Pre-IP NFT, Unify issues a Pre-IP Certificate. The Pre-IP Certificate contains name of User, registered date, expiration date, type of Pre-IP Content, hash, register code by Smart Contract, URL and QR code of Smart Contract, NFT information. The Pre-IP Certificate is based exclusively on the issued Pre-IP NFT and the registered User Content provided and registered by User on UNIPLAT.
16 The Pre-IP is issued by Unify by using a ERC721 based Smart Contract. The time when a User Content got registered on UNIPLAT will be documented/verified on the Pre-IP Certificate through the hash on the blockchain of the Pre-IP NFT. The hash value of the Pre-IP NFT will be documented on the Pre-IP Certificate.
17 The Pre-IP Certificate issued for a User is available on UNIPLAT for download and may be used on UNIPLAT and outside of UNIPLAT. The User is aware and accepts that the Pre-IP Certificate may be accessible for other Users of UNIPLAT as well as disclosed to third-parties in different jurisdictions.
18 Due to the Ethereum Blockchain based technology used for the issuance of the Pre-IP Certificate (and the Pre-IP NFT), the Pre-IP Certificate (and the Pre-IP NFT) as well as Personal Data, data and/or information related thereto may be transferred, disclosed and/or made available outside of UNIPLAT and may be seen publicly by third parties.
19 The User acknowledges and accepts that Unify has no control over such transfer and/or publicity of the Pre-IP Certificate, the Pre-IP NFT, the disclosure of Personal Data, data and/or information and/or any similar activities as well as any consequences arising thereof. By accepting the Terms of Use for Pre-IP Certification Services, the User explicitly agrees to such transfer and disclosure of Personal Data, data and/or information required to provide User with Pre-IP Certification Services, Pre-IP NFT and/or Pre-IP Certificate [https://www.uniplat.social/privacy]. Unify is not liable for any damages, costs and/or claims arising out of such publicity, disclosure, transfer and/or any consequences thereto to User or any third party.
20 Unify may verify the data and User Content of the Pre-IP Certificate through the hash value of the Pre-IP NFT documented on the Pre-IP Certificate.
21 In addition, each Pre-IP NFT has a unique Token ID, which can be confirmed and linked from the NFT Metadata and Pre-IP details page to the respective User Content.
22 However, Unify does not offer nor provide any data verification services of Pre-IP Certificates or Pre-IP NFT’s to Users.
23 For further information on how Unify processes Personal Data and information of User, please refer to the Privacy Policy of UNIPLAT [https://www.uniplat.social/privacy].
24 User acknowledges and accepts that Unify does not review the User Content and does not check whether User Content has already been uploaded or registered by same and/or other Users. research
25 User acknowledges and accepts that Unify and/or UNIPLAT does not conduct any due diligence and/or intellectual property research and/or similar research related to Pre-IP and/or User Content. The Pre-IP Certificate contains the time of User Content registered on UNIPLAT, the Pre-IP type of User Content as well as further data and information solely based on data and information provided by User which has not been verified or authenticated by Unify.
26 The Pre-IP Certificate Services serves to facilitate the authentication of research and development content (User Content) before a legal patent, or any other intellectual property registration is issued. The Pre-IP Certification Services allows Users to prevent imitation of its User Content without guaranteeing that no such imitations exist.
27 The User is aware and acknowledges that the Pre-IP Certification Services do not grant any Intellectual Property Right to the User and/or to any third party. The User remains solely responsible to register and/or to file an application to the respective authority, patent office and/or intellectual property registration office regarding the User Content and/or Pre-IP and/or any further research or content. The Pre-IP Certificate does not replace such formal registration and/or application nor does it guarantee that the intellectual property and/or Intellectual Property Right is sufficiently guaranteed and protected.
28 The User acknowledges that the User has no claim against Unify and/or UNIPLAT to any registration and/or application of Intellectual Property Rights. User further acknowledges and accepts that the User has no guarantee that User Content and/or Pre-IP and/or further research has priority and/or may successfully be registered with any office, authority, or institute of Intellectual Property Rights or similar.
29 Further, the User is aware and accepts that (i) there is no guarantee that the Pre-IP Certificate will be accepted by any third party, (ii) that the Pre-IP Certificate and/or Pre-IP Certification Services will prevent from prior registration and/or (unauthorized) use of User Content and/or Pre-IP and/or further research and (iii) the Pre-IP Certificate does not grant nor state any ownership to User pursuant to any applicable laws.
30 If the User exceeds the usage rights under these Terms of Use for Pre-IP Certification Services or does not accept the Terms of Use for Pre-IP Certification Services as amended by Unify occasionally, Unify is entitled to suspend or refuse the access to the Pre-IP Certification Services immediately.
31 In addition, Unify is entitled to suspend, disable or deny access of a User to Pre-IP Certification Services at any time and upon Unify’s sole discretion.
32 The User acknowledges and accepts that availability of the Pre-IP Certification Services and/or the Pre-IP Certificate and/or the Pre-IP Certification Technology and/or Pre-IP Registration and/or Pre-IP NFT issuance is not guaranteed and may not be guaranteed by Unify.
33 The Pre-IP Certification Services and/or the Pre-IP Certification Technology may be amended, blocked, and/or suspended from time to time by Unify upon Unify’s sole discretion.
34 Unify will charge Fees to User for the subscription to the Pre-IP Certification Services and the issuance of the Pre-IP NFT (collectively “Pre-IP Fees”). The Pre-IP Fees may vary (monthly, annually). The schedule of Pre-IP Fees will be provided to User individually as part of the registration for Pre-IP Certification Services on UNIPLAT.
35 The User acknowledges and accepts that Pre-IP Fee may consist of cryptocurrencies (e.g., ETH) and/or FIAT (e.g., USD) upon sole discretion of Unify.
36 By using Pre-IP Certification Services, User agrees to Pre-IP Fees. Subscription to Pre-IP Certification Services and Pre-IP Fees will be renewed automatically if not terminated by User within respective timeline as indicated by Unify on UNIPLAT.
37 Unify reserves the right to change the Pre-IP Fees charged to Users at any time. Changes of Pre-IP Fees will be notified to User by respective means [e.g., by updating the Pre-IP Fee schedule available on UNIPLAT]. In case User disagrees with Pre-IP Fee changes, User may terminate these Terms of Use for Pre-IP Certification Services pursuant to Section VIII. below.
38 Additional Fees, if any, may arise for User and may be paid by Users.
39 To provide Pre-IP Certification Services, Unify can engage and involve External Service Providers that are independent from Unify. Unify reserves the right to change and terminate such External Service Providers at any time and without further notice to Users. User hereby agrees that any engagement and involvement of External Service Providers by Unify is acceptable.
40 The User acknowledges and accepts that by using the Pre-IP Certification Services, Personal Data and further information and data of User may be disclosed to External Service Providers or third parties. This is required to provide User with Pre-IP Certificate and the Pre-IP Certification Services. User may disagree to such disclosure of Personal Data, data and/or information to External Service Providers or third parties. In such case, Pre-IP Certification Services may not be offered to User anymore.
41 Intellectual Property Rights of User Content, Rules of Conduct, Use of UNIPLAT and/or Use of User Content and/or further obligations, warranties and/or representations by User according to the Terms of Use of UNIPLAT and UNPLAT Pay remain fully applicable and it shall herewith be referred thereto [https://www.uniplat.social/terms].
42 The User acknowledges and accepts that in case of termination of Terms of Use of UNPLAT and UNIPLAT Pay, Unify is entitled to terminate these Terms of Use for Pre-IP Certification Services and/or refuse, deny, block, restrict and/or suspend access to Pre-IP Certification Services, use of Pre-IP Certificate and/or Pre-IP Certification Technology and further services thereto at any time upon sole discretion of Unify.
43 The User acknowledges and agrees that, to the extent permitted by any applicable law, the User will not hold Unify or any of its affiliates liable for any and all damages or injury whatsoever caused by or related to the use of, or the inability to use the Pre-IP Certification Services, the Pre-IP Certificate, the Pre-IP NFT, the Pre-IP Certification Technology and/or UNIPLAT, and User Content, under any cause or action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).
44 UNIFY WILL NOT BE LIABLE TO USER OR ANY PERSON FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE FOR PRE-IP CERTIFICATION SERVICES, WHETHER IN CONTRACT, WARRANTY, TORT – INCLUDING NEGLIGENCE – OR OTHERWISE, EXCEPT IN THE CASE OF UNIFY’S WILFUL MISCONDUCT, GROSS NEGLIGENCE OR BAD FAITH.
45 Unify does not assume or accept any liability or responsibility for any losses, damages or third-party claims, irrespectively of the legal basis of such claims, losses or damages, that may be suffered or directed at the User as a result of the loss of access to Pre-IP Certification Services, Pre-IP Certificate, the Pre-IP NFT, Pre-IP Certification Technology, UNIPLAT and/or User Content and/or any use related thereto.
46 Unify warrants that it complies with the relevant Swiss legal and regulatory requirements in connection with the provision of the Pre-IP Certification Services. To Unify’s best knowledge, the Pre-IP Certification Services do not contain any worms, trojan horses, spyware, adware or other malicious software programs.
47 EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF USE FOR PRE-IP CERTIFICATION SERVICES, UNIFY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AND EXPLICITLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OTHERWISE ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
48 Any and all Intellectual Property Rights to the Pre-IP Certification Services and Pre-IP Certification Technology, remain with Unify and is provided to the User solely for the purpose of using the Pre-IP Certification Services and/or the Pre-IP Certificate. Any use of the Pre-IP Certificate, Pre-IP Certification Services and Pre-IP Certification Technology beyond this purpose constitutes a material breach of these Terms of Use for Pre-IP Certification Services as well as an infringement of the Unify’s Intellectual Property Rights.
49 Unify grants the User a limited, non-exclusive, non-transferable, non-assignable and non-sublicensable right to use and to access Pre-IP Certification Services and Pre-IP Certification Technology and make use of the connected software during the term of this agreement (Terms of Use for Pre-IP Certification Services). The User is aware and acknowledges that usage rights granted hereunder do not result in any transfer or assignment of Intellectual Property Rights to the User and is subject to the following restrictions to protect the Pre-IP Certification Technology, Pre-IP Certification Services and the Intellectual Property Rights of Unify:
50 Unify collects, processes, and uses Personal Data and information provided by the User to provide User with Pre-IP Certificate and/or Pre-IP Certification Services. For further information regarding the processing of Personal Data please consult the Privacy Policy [https://www.uniplat.social/privacy].
51 These Terms of Use for Pre-IP Certification Services may be terminated by either Party at any time.
52 The User herewith acknowledges and accepts that in case of a termination of these Terms of Use for Pre-IP Certification Services, the Pre-IP Certification Services, Pre-IP Certification Technology as well as the Pre-IP Certificate cease availability, may no longer be used and is no longer available for download on UNIPLAT (except of a User’s registration information).
53 Unify has the right to block, suspend, restrict, and/or deny access to UNIPLAT and its Services, UNIPLAT Pay or User Content according to Terms of Use of UNIPLAT and UNIPLAT Pay [https://www.uniplat.social/terms].
54 Any access restriction, denial or blocking of a User’s access by Unify to the Pre-IP Certificate Services, Pre-IP Certification Technology and/or the Pre-IP Certificate for any reason whatsoever shall be considered as a termination of this Terms of Use for Pre-IP Certificate Services [and may result in a termination of the Terms of Use of UNIPLAT and UNIPLAT Pay.]
55 User is aware that data and information recorded in the blockchain remains and cannot be deleted by Unify [https://www.uniplat.social/privacy].
56 Every User is solely responsible to determine if any action, use of the Pre-IP Certificate as well as the Pre-IP Certification Services, any transaction with and/or related to Pre-IP Certification Services have tax implications. Every User must declare and bear respective taxes by themselves.
57 Neither the download of any software related to UNIPLAT nor the use of UNIPLAT shall constitute, or be deemed to constitute, a partnership, association, joint venture or other co-operative entity between Unify and the Users.
58 Neither party shall be held liable for any delay or other non-performance partly or entirely due to Force Majeure. Either party undertakes to immediately notify the other party of any event of Force Majeure. Pending Force Majeure, either party shall per se be released from any obligation affected thereby.
59 To the fullest extent permitted by law, the User hereby waives the right to participate in a class action lawsuit or a class-wide arbitration against Unify or any of its affiliates arising out of or related to the use of, or the inability to use Pre-IP Certificate, the Pre-IP Certification Services, Pre-IP NFT, Pre-IP Certification Technology, UNIPLAT or User Content or Website under any cause or action whatsoever.
60 In case any portion of these Terms of Use for Pre-IP Certification Services is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms of Use for Pre-IP Certification Services, which shall continue to be in full force and effect.
61 These Terms of Use for Pre-IP Certification Services form and contain the entire agreement between the User and Unify related to Pre-IP Certification Services. In case of conflicts or contradictions of provisions with these Terms of Use for Pre-IP Certification Services with provisions of the Terms of Use of UNIPLAT and UNIPLAT Pay, the special provision shall prevail the ordinary provision, i.e., where not explicitly mentioned otherwise in these Terms of Use for Pre-IP Certification Services the provisions herein shall only prevail related to the Pre-IP Certification Services and/or Pre-IP Certificate and/or Pre-IP NFT and/or Pre-IP Certification Technology. In all other cases and if not explicitly stated otherwise, the Terms of Use of UNIPLAT and UNIPLAT Pay shall prevail.
62 Unify has the right to alter, adapt or amend these Terms of Use for Pre-IP Certification Services at any time and without prior notice. In the event of any adaptions and/or amendments, the updated Terms of Use for Pre-IP Certification Services will be published on the Website of Unify and/or UNIPLAT. Upon publication on the Website and/or UNIPLAT, the amended Terms of Use for Pre-IP Certification Services will come into force.
63 These Terms of Use for Pre-IP Certification Services shall be governed by and construed and interpreted in accordance with Swiss law, excluding the Swiss conflict of law rules. The application of the United Nations Convention for Contracts for the International Sales of Goods is hereby expressly excluded.
64 Any dispute, controversy or claim arising out of or in connection with these Terms of Use for Pre-IP Certification Services or the breach, termination, existence, legal competence or invalidity thereof, shall be exclusively settled by the ordinary courts of Zug, Switzerland.