Licence terms

1. Scope

These terms apply to the provision of the software easydocketing (hereinafter the “Software”) by Proofbox GmbH, Oberweng 86, 4582 Spital am Pyhrn, Austria (hereinafter “Proofbox”), to entrepreneurs within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG), in particular companies and law firms (hereinafter the “Customer”). No contracts are concluded with consumers.

Deviating terms of the Customer do not form part of the contract, even if Proofbox does not expressly object to them.

2. Subject matter of the contract

The Software serves to capture, calculate and keep track of deadlines, procedural status and costs in patent portfolios. It is provided as a locally installable application or as a cloud container operated by Proofbox (hereinafter the “Cloud Variant”).

The Manual plan (management of families and applications without limit, manual recording of events and deadlines, internal deadline, notes, archive, export) may be used without a licence and free of charge (hereinafter “Free Use”). The Automated plan (one data source, analysis by a language model, deadline engine with official calendars, costs incurred) and the Corporate plan (additionally cost forecast, next upcoming costs, groups and roles) require a paid licence by subscription (hereinafter the “Licence”).

The respective scope of functions, the supported offices and procedures, and the mode of operation are set out in the quotation and the product description at the time the contract is concluded. Proofbox develops the Software continuously; there is no entitlement to specific future functions unless expressly promised.

3. Conclusion of the contract

The presentation of the Software on the website does not constitute a binding offer. For Free Use, the contract is concluded on these terms upon installation and use of the Software. For a Licence, the contract is concluded when the Customer accepts the quotation from Proofbox or when a licence key is provided. A trial period may be agreed; these terms apply to it accordingly.

4. Licence

Proofbox grants the Customer the non-exclusive, non-transferable and non-sublicensable right to use the Software for its own business purposes; under Free Use without time limit within the scope of the Manual plan, and under a Licence for the term of the contract within the agreed scope (plan, number of users, mode of operation).

In particular, the following are not permitted: passing the licence key on to third parties, circumventing the licence check or the signature check of packages, reverse engineering the Software beyond the extent permitted by law, and using the Software to provide services to third parties without the consent of Proofbox.

The Software retrieves signed rule, calendar and fee packages from the Proofbox update server and, where a Licence exists, verifies its validity. Only the licence key (if any) and the version number of the Software are transmitted. If the connection is unavailable, licensed functions continue to operate without restriction for 30 days.

5. Docketing control and responsibility of the Customer

The Software is an aid. It replaces neither the Customer's own docketing control nor professional review by qualified persons. The Customer remains solely responsible for monitoring and meeting all deadlines and for all procedural acts.

Data proposed by the Software from documents (in particular events, numbers and parties extracted by a language model) are proposals and take effect only upon confirmation by the Customer. The Customer is obliged to check proposals against the original document before confirming them.

Calculated deadlines are based on the events confirmed by the Customer, the rule sets in force at the time of calculation and the official calendars available. The Software shows deadlines with legal reference and calculation and indicates uncertainties (such as closure days not yet published). The Customer must observe these indications and independently verify deadlines that are material to it.

Proofbox does not provide legal advice or representation before offices. The use of the Software does not establish any client, advisory or representation relationship.

6. Rule sets, calendars and updates

Deadline rules, closure days and fee schedules are provided as signed packages via the update server. Proofbox maintains these packages with reasonable care on the basis of the publications of the respective offices and organisations, and indicates changes to the underlying legal texts.

Proofbox owes the provision of the packages during the term of the contract, but not the complete and immediate reflection of every change in law or fees. Official publications take precedence over the packages in every case.

Proofbox provides updates to the Software. The Customer is expected to install updates promptly; Proofbox is not liable for defects resulting from the use of outdated versions.

7. AI functions and third-party services

The Software may use a language model to read documents. The Customer chooses whether a model is used and which one: no model, a model on its own network or a model from a cloud provider with its own API key. The contract with a cloud provider exists solely between the Customer and the provider; the Customer is responsible for ensuring that the transfer is permissible under data protection law.

Results of a language model may be incomplete or incorrect. The Software discards items without verbatim evidence in the document and never calculates deadlines by means of the language model; nevertheless, review by the Customer in accordance with clause 5 remains necessary.

8. Remuneration and payment

Free Use is free of charge. The remuneration for a Licence is set out in the quotation. Unless otherwise agreed, it is payable annually in advance and within 14 days of the invoice date without deduction. All prices are exclusive of VAT. In the event of late payment, statutory default interest applies; after a reminder with a reasonable grace period, Proofbox may disable the licensed functions until payment is made.

9. Term and termination

A Licence runs for the agreed term, or twelve months in the absence of an agreement, and is renewed for the same term in each case unless terminated in writing by either party no later than one month before expiry. The right to extraordinary termination for good cause remains unaffected. The Customer may end Free Use at any time by uninstalling the Software; Proofbox may discontinue it with three months' notice, in which case versions already installed may continue to be used.

When a Licence expires, the Software reverts to the Manual plan. The Customer can continue to view and edit its data and export them as CSV and JSON at any time. For the Cloud Variant, Proofbox makes the data available for export on request for 90 days after the end of the contract and deletes them thereafter.

10. Customer data

All data recorded or imported by the Customer remain the property of the Customer. In the case of local installation, they are held exclusively by the Customer; Proofbox has no access and no obligation to back them up. The Customer is responsible for data backups.

For the Cloud Variant, Proofbox processes the data solely on behalf of the Customer. The parties conclude a data processing agreement pursuant to Art. 28 GDPR. Proofbox backs up the data regularly and applies appropriate technical and organisational measures.

11. Warranty

For a Licence, Proofbox warrants that the Software essentially performs the functions stated in the product description. Defects must be reported to Proofbox without delay and in a reproducible manner. Proofbox remedies defects, at its option, by rectification or a workaround within a reasonable period. If remedying the defect fails repeatedly, the Customer may demand an appropriate price reduction or terminate the contract.

Free Use is provided free of charge and without warranty; Proofbox nevertheless endeavours to remedy reported defects. There is no warranty for defects resulting from improper use, modifications by the Customer, incorrect input, outdated versions or third-party services (in particular language models). § 924 of the Austrian Civil Code (ABGB, presumption of defectiveness) is excluded.

12. Liability

Proofbox is liable for damage only in cases of intent or gross negligence. Liability for slight negligence is excluded, except in the case of personal injury.

Liability for lost profits, indirect damage, consequential damage and pure economic loss is excluded to the extent permitted by law. This applies in particular to disadvantages arising from missed deadlines, from the loss of intellectual property rights or from actions based on data calculated, proposed or displayed by the Software, since responsibility for docketing control lies with the Customer in accordance with clause 5.

In any event, the liability of Proofbox per contract year is limited to the total remuneration paid by the Customer in that contract year; in the case of Free Use, liability is limited to intent. Claims for damages must be asserted in court within six months of becoming aware of them.

The provisions of this clause also apply in favour of the officers, employees and vicarious agents of Proofbox.

13. Confidentiality

The parties treat all information of the other party obtained in the course of the contract as confidential, in particular the contents of the Customer's files, documents and inventions as well as the source code and licensing mechanism of the Software. This obligation continues beyond the end of the contract.

14. Final provisions

Austrian law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law. The place of performance is the registered office of Proofbox. The court having subject-matter jurisdiction at the registered office of Proofbox has exclusive jurisdiction for all disputes arising from or in connection with this contract.

Amendments and additions must be made in writing; email is sufficient. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected; the invalid provision is replaced by a valid one that comes closest to its economic purpose.

Proofbox may amend these terms with effect from the next contract period. The Customer will be notified of changes at least two months before they take effect; if the Customer does not object by the time they take effect, they are deemed accepted. The notification will draw attention to this consequence.