of [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.
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.
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.
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.
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.
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.
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.
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).
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.
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.