TERMS OF USE AND SERVICE AGREEMENT

1. DEFINITIONS

1.1. "Platform"

Refers to BranDiligence™, an AI-based analysis tool for trademark likelihood of confusion assessment.

1.2. "Service"

Refers to any analysis, results, or output provided by the Platform.

1.3. "User"

Refers to any individual or entity accessing or using the Platform.

1.4. "Validator"

Refers to Trademark Attorneys and Professionals providing validation services through the Platform.

1.5. "Provider"

Refers to BranDiligence™ owner/operator and its affiliated entities.

2. NATURE OF SERVICE

2.1.

This Platform provides automated analysis of potential likelihood of confusion between trademarks using, inter alia, artificial intelligence algorithms.

2.2.

The Platform is provided strictly as an informational tool and technological experiment. It does not constitute a legal service, legal advice, or legal representation of any kind.

3. SUBSCRIPTION PLANS, PAYMENT, AND CREDITS

3.1. Subscription Plans:

The Platform offers the following subscription plans:

3.1.1. Standard Plan:

Priced at $29 per month or $290 per year. This plan provides 500 credits for trademark analyses.

3.1.2. Premium Plan:

Priced at $39 per month or $390 per year. This plan provides 675 credits for trademark analyses and includes additional features such as the ability to share comprehensive analyses with prospective clients via a secure link and the ability to block the list of validators from recipients.

3.1.3. Standard Pay-Per-Use:

Priced at $59, providing 1,000 credits.

3.1.4. Premium Pay-Per-Use:

Priced at $99, providing 1,675 credits.

3.2. Payment:

Payments are processed securely through authorized payment gateways.

3.3. Automatic Renewal:

Subscriptions automatically renew unless canceled by the User at least 24 hours before the renewal date.

3.4. User Credits:

3.4.1.

Users receive a set number of credits with their subscription plan.

3.4.2.

Credits are consumed when performing trademark analyses.

3.4.3.

Additional credits can be purchased separately.

3.4.4.

Credits are non-transferable and have no monetary value.

3.5.

The Provider reserves the right to change subscription fees and credit allocations with 30 days' notice.

4. CANCELLATION AND REFUND POLICY

4.1. Subscription Plans:

4.1.1.

Users may cancel their subscription at any time through their account settings or by contacting customer support at info@brandiligence.ai.

4.1.2.

Cancellation requests must be submitted at least 24 hours before the next billing cycle to avoid charges for the upcoming period.

4.1.3.

Upon cancellation, the subscription will remain active until the end of the current billing period. No refunds will be issued for partial subscription periods.

4.2. Pay-Per-Use Plans:

Pay-per-use plans are non-refundable once purchased. Users cannot cancel or receive a refund for pay-per-use credits after the purchase has been made.

4.3. General Provisions:

4.3.1.

Users will retain access to the Platform and any unused credits until the end of the current billing period or until the expiration date of pay-per-use credits.

4.3.2.

After the subscription period ends or pay-per-use credits expire, any unused credits will be forfeited and access to the Platform will be terminated.

4.3.3.

Refunds, if applicable, will be processed in accordance with Israeli consumer protection laws.

4.3.4.

The Provider reserves the right to modify this cancellation policy with 30 days' notice.

5. DISCLAIMERS AND LIMITATIONS OF LIABILITY

5.1. NO LEGAL ADVICE - The Platform explicitly does not:

5.1.1.

Provide legal advice.

5.1.2.

Create an attorney-client relationship.

5.1.3.

Substitute for professional legal counsel.

5.1.4.

Guarantee any particular outcome in legal proceedings.

5.1.5.

Constitute admissible evidence in any legal proceeding.

5.2. ACCURACY AND RELIABILITY - The User acknowledges that:

5.2.1.

AI analysis is inherently experimental and imperfect.

5.2.2.

Results may be incomplete, inaccurate, or outdated.

5.2.3.

The Platform cannot account for all factual or legal nuances.

5.2.4.

Trademark law interpretation varies by jurisdiction and over time.

5.2.5.

The Platform may not reflect current legal standards, case law, or regulatory changes.

5.3. LIMITATION OF LIABILITY - The Provider:

5.3.1.

Makes no warranties or representations of any kind, express or implied.

5.3.2.

Disclaims all liability for any direct, indirect, incidental, special, or consequential damages, including but not limited to damages for loss of profits, business interruption, loss of data, or any other pecuniary loss, even if the Provider has been advised of the possibility of such damages.

5.3.3.

Is not liable for any loss of business, profits, goodwill, data, or other losses.

5.3.4.

Assumes no responsibility for decisions made based on Platform output.

5.3.5.

Bears no liability even if advised of the possibility of such damages.

5.4. Platform's Disclaimer of Liability - The Provider shall not be liable for any claims, damages, liabilities, costs, or expenses arising from:

5.4.1.

Use or reliance on the Platform

5.4.2.

Violation of this agreement

5.4.3.

Misuse of the Platform's analysis

5.4.4.

Any legal proceedings related to Platform use

6. USER OBLIGATIONS AND ACKNOWLEDGMENTS

6.1. The User explicitly acknowledges and agrees that:

6.1.1.

They will seek qualified legal counsel before making any trademark-related decisions.

6.1.2.

They understand AI technology's limitations and experimental nature.

6.1.3.

They accept all risks associated with using the Platform.

6.1.4.

They will not rely solely on the Platform's analysis for any legal decisions.

6.1.5.

They will independently verify all information provided by the Platform.

6.1.6.

They understand that they are solely responsible for verifying the qualifications and expertise of any Validator they engage with through the Platform.

6.2.

Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.

7. USER DATA AND PRIVACY

7.1.

The Platform processes User data in compliance with applicable data protection laws.

7.2.

Users retain ownership of all data submitted to the Platform.

7.3.

The Provider may anonymize and aggregate User data for improving the Service.

7.4.

Users can request deletion of their data in accordance with applicable requirements.

8. INTELLECTUAL PROPERTY

8.1. Ownership:

The Platform, including all related software, algorithms, visual interfaces, graphics, data, documentation, and the unique AI-driven methodology and processes used to analyze trademark likelihood of confusion, is the exclusive property of the Provider and its licensors. All intellectual property rights in and to the Platform, including but not limited to copyrights, trademarks, trade secrets, patents, and any other proprietary rights, are owned by the Provider.

8.2. AI Analysis Methodology Protection:

The specific methodology, process, and manner in which the Platform uses AI to analyze trademark likelihood of confusion are considered trade secrets and proprietary information of the Provider. This includes, but is not limited to, the algorithms, data structures, machine learning models, and training data used by the Platform.

8.3. Trademark Protection:

"BranDiligence™" is a protected trademark owned by the Provider. The trademark may not be used in connection with any product or service that is not offered by the Provider, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Provider.

8.4. Copyright Protection:

All content included on the Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Provider and protected by copyright laws.

8.5. Scope of Protection:

The intellectual property protection extends to all aspects of the Platform, including but not limited to:

8.5.1.

The "look and feel" of the Platform, including its design, layout, color scheme, and overall visual appearance.

8.5.2.

All software code, algorithms, and databases used to provide the Service.

8.5.3.

All documentation, user guides, and training materials related to the Platform.

8.5.4.

The name "BranDiligence™" and any related logos or trademarks.

8.5.5.

The unique AI analysis methodology described in Section 8.2.

8.6. Permitted Use:

Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for its intended purpose in accordance with these Terms. This license does not grant any ownership or other rights in the Platform's intellectual property.

8.7. Restrictions:

Users may not:

8.7.1.

Copy, modify, distribute, display, perform, or create derivative works of the Platform or any part thereof.

8.7.2.

Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of the Platform, including the AI analysis methodology.

8.7.3.

Use the Platform for any commercial purpose other than as expressly permitted by these Terms.

8.7.4.

Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the Platform.

8.7.5.

Use any automated system or software to extract data from the Platform (screen scraping, data mining, etc.) without prior written consent from the Provider.

8.8. Enforcement:

The Provider will vigorously enforce its intellectual property rights to the fullest extent of the law, including seeking injunctive relief, monetary damages, and attorney's fees.

9. TERMINATION

9.1.

The Provider reserves the right to terminate or suspend access to the Service for violations of these Terms.

9.2.

Users may terminate their subscription at any time, effective at the end of the current billing period.

9.3.

Upon termination, Users lose access to the Service including any outputs of the platform and any unused credits.

10. INDEMNIFICATION

10.1.

The User shall indemnify, defend, and hold harmless the Provider, its affiliates, officers, directors, employees, and agents, from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

10.2.

The User's use of the Platform.

10.3.

The User's violation of this Agreement.

10.4.

The User's misuse of the Platform's analysis.

10.5.

Any legal proceedings or claims related to the User's use of the Platform.

10.6.

Any interaction, agreement, or transaction between the User and any Validator accessed through the Platform.

11. MODIFICATIONS TO SERVICE

11.1.

The Provider may modify, suspend, or discontinue any part of the Service at any time.

11.2.

The Provider will make reasonable efforts to notify Users of significant changes to the Service.

12. GOVERNING LAW AND JURISDICTION

12.1.

This Agreement shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of laws principles.

12.2.

The competent courts of Tel Aviv-Yafo, Israel shall have exclusive jurisdiction over any dispute arising out of or relating to this Agreement.

12.3.

This terms of use regarding users (not validators) is subject to the Israeli consumer protection law.

13. SEVERABILITY

13.1.

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. MANDATORY ACKNOWLEDGMENT

By accessing or using the Platform, I explicitly acknowledge and agree that:

• I have read, understood, and agree to all terms above.
• I will not make any trademark decisions without consulting qualified legal counsel.
• I understand this is an experimental AI tool with significant limitations.
• I accept all risks associated with using the Platform.
• I waive all rights to legal claims against the Provider, to the maximum extent permitted by law.
• I am legally competent to enter into this binding agreement.

15. PLATFORM RELATIONSHIP WITH VALIDATORS

15.1. No Liability for User-Validator Interactions:

The Provider shall have no liability whatsoever for any connection, transaction, hire, agreement, payment, or any kind of interaction between the Users and the Validators. Each connection between the Users and the Validators will be independently and solely between the User and the Validator. The Platform shall have no liability or responsibility and gives no representations regarding such interactions.

15.2. No Representations Regarding Validators:

The Provider makes no representations or warranties regarding the professionalism, competence, or qualifications of the Validators. The Platform merely provides a connection point between Users and Validators. Each User is solely responsible for verifying and assessing the suitability of any Validator they choose to engage with.

15.3. Validator Prioritization and Presentation:

The Provider has the full discretion to prioritize and place Validators, their presentation, their profiles, and their articles, and to reorganize, change, amend any detail in the profile and articles as it may find appropriate, with no limitation whatsoever.

16. CONTACT INFORMATION

16.1.

All official communications and inquiries regarding the Platform should be directed to: info@brandiligence.ai.

17. VALIDATOR INTELLECTUAL PROPERTY and INDEMNIFICATION

17.1.

The validators represent and confirm that they own full intellectual property rights to the photos of profiles and photos of the articles and the content of their articles and profiles, and by accepting the terms they Grant unlimited, irrevocable royalty-free license to the platform to use, publish, share, upload, amend, change, alter, any of the photos, content and information they provide to the platform. in case of any complain of third party regarding any photos, content or information they upload and/or provide to the platform, the validators shall have full liability and they hereby release the platform from any liability for copyright infringement and any other intellectual property infringement in the photos, content and information uploaded by them or by the platform and irrevocably agree to indemnify the platform for any such infringement.

Terms of Use for Trademark Attorneys and Professionals (Validators)

Introduction

These Terms of Use ("Validator Terms") are a supplement to the General Terms of Use and apply specifically to Trademark Attorneys and Professionals ("Validators") who participate in the AI Platform as validators. By using the Platform as a Validator, you agree to be bound by these Validator Terms.

1. Role and Responsibilities

1.1. Validation Services:

Validators agree to provide professional validation services to users of the Platform. This includes reviewing AI-generated analyses and providing expert advice on trademark comparisons.

1.2. Professional Conduct:

Validators must maintain the highest standards of professional conduct and adhere to ethical rules applicable to their profession. This includes respecting client confidentiality and avoiding conflicts of interest.

1.3. Platform Integrity:

Validators must not engage in any activity that could damage the reputation or functionality of the Platform.

2. Use of AI-Generated Results

2.1. Transparency and Accuracy:

Validators must ensure that any advice provided is transparent and based on accurate information. They must clearly indicate when AI-generated results are used and explain the reasoning behind their conclusions.

2.2. Bias and Fairness:

Validators are responsible for identifying and addressing any potential biases in AI-generated analyses. They must ensure that their advice is fair and unbiased.

3. Intellectual Property and Confidentiality

3.1. Intellectual Property Rights:

Validators acknowledge that all intellectual property rights in the Platform and its outputs belong to the Platform owners. Validators may not use any such rights without explicit permission.

3.2. Confidentiality:

Validators must maintain the confidentiality of all user data and AI-generated results accessed through the Platform.

4. Ethical Considerations

4.1. Ethical Standards:

Validators must comply with all applicable ethical standards and guidelines for the use of AI in legal practice.

4.2. Accountability:

Validators are accountable for their actions and advice provided through the Platform. They must ensure that their use of AI tools does not compromise the integrity of the legal process.

5. Content Ownership and Liability

5.1. Content Ownership:

Validators retain full ownership and control over the content they upload to the Platform, including articles, visuals, and photos.

5.2. Liability for Content:

Validators are fully liable for any third-party claims or legal actions arising from the content they upload. This includes any claims related to copyright infringement, defamation, or other legal issues.

5.3. Indemnification for Content:

Validators agree to indemnify and hold harmless the Platform owners, their affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses arising from the content they upload.

6. Platform Rights

6.1. Modification of Validator Profiles:

The Platform reserves the right to modify, delete, or change the appearance of Validator profiles as it sees fit to ensure consistency and quality across the Platform.

6.2. Amendments to Validators:

The Platform has the right to amend, change, or make any modifications to the Validators listed on the Platform. This includes the right to remove Validators at any time without notice if they fail to comply with these Validator Terms.

7. Financial Terms and Rights

7.1. Subscription Fees:

Validators pay a subscription fee to appear as Validators on the Platform. This fee does not confer any ownership rights or partnership status in the Platform.

7.2. No Entitlement to Proceeds:

Validators understand that they are not entitled to any proceeds or revenue generated by the Platform. Their participation is solely as independent service providers.

7.3. No Ownership or Partnership Rights:

Validators acknowledge that they are not partners or owners of the Platform in any way. They have no rights or claims to the Platform's intellectual property, profits, or any other rights whatsoever.

8. Indemnification

8.1. Indemnification Obligations:

Validators agree to indemnify and hold harmless the Platform owners, their affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses arising from their use of the Platform or any breach of these Validator Terms.

9. Termination

9.1. Termination Rights:

The Platform owners reserve the right to terminate a Validator's access to the Platform at any time, without notice, if they believe the Validator has breached these Validator Terms or engaged in conduct detrimental to the Platform.

10. Governing Law and Jurisdiction

10.1. Governing Law:

These Validator Terms shall be governed by and construed in accordance with the laws of Israel.

10.2. Jurisdiction:

Any disputes arising from these Validator Terms shall be resolved through the competent courts of Tel Aviv-Yafo, Israel.

10.3. Applicable Law:

This terms of use regarding validators (placement of validators names in the platform and any issues related to the validators) is subject to the Israeli contract law.

11. Changes to Validator Terms

11.1. Amendments:

The Platform owners may modify these Validator Terms at any time. Validators will be notified of any changes and are expected to comply with the updated terms.

By participating as Validators on the AI Platform, Trademark Attorneys and Professionals acknowledge that they have read, understood, and agree to be bound by these Validator Terms.