“Business Partner”: a legal entity that has entered into an agreement with IP Metro for the resale or redistribution of IP Metro’s Systems and/or Services;
“Brand” means a term which You want to Monitor using the Services and Systems;
“Channel” means the type of content including but not limited to Social Media sites and Marketplaces, whose up-to-date list is available upon request, and in which the Systems will search into as part of the Services;
“Content” means any and all text, files, images, photos, video, sounds, musical works, works of authorship, or any other information, data, and other content contained in and derived, or available to be derived from, the Systems and / or Services however and by whomever it is posted or made accessible thereon;
“Customer” means the individual or legal entity that has entered into an agreement with IP Metro or a Business Partner for the use of the Systems and / or Services;
“Data Protection Laws” means any and all applicable data protection laws, which is – in relation to IP Metro – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
“Frequency” means the period during which the Systems will produce a report based on the Monitoring of the Brand in the Channel(s). IP Metro may, at its own discretion, offer different frequencies in accordance to the type of Monitoring requested but possible frequencies include: daily, weekly, bi-weekly, monthly and quarterly.
“IP Metro”, “We”, “Us” and “Our” all refer to IP Metro BV, a Belgian limited liability company with offices at Kerselaarstraat 28, 9820 Merelbeke (Belgium) with VAT and corporate registration number BE0536.508.780;
“Monitor” or “Monitoring” means the Systems’ action of searching for one or more Brand, either as part of a registered domain name or in the content gathered as part of one or more Channels (depending on the Subscription) and generating a subsequent report made available to You in the Platform.
“Non-IP Metro Applications” means online applications and offline software products provided by entities or individuals other than IP Metro and are clearly identified as such, and that interoperate with the Services.
“Platform” means the Magnify.plus platform, including hardware, software, databases and information that is managed, deployed and maintained by IP Metro to provide the Services;
“Services” means the provision and retrieval of data through one or more of IP Metro’s Systems, including any other services provided by or on behalf of IP Metro, as agreed with You in writing;
“Subscription” describes the Frequency, the type of Monitoring, the Channels (whenever applicable), and the applicable Fee for which You wish to use the Service for the Brand(s);
“Support Services” means technical support in relation to the use of and the identification and resolution of errors in the IP Metro’s Systems;
“Systems” means IP Metro’s “software-as-a-service” solutions that are directly or indirectly made available to the Customer under the ipmetro.com domain name, its respective subdomains and/or a (sub-)domain operated by Business Partner;
“Third Party”: means any legal entity or individual other than IP Metro, Business Partner, Customer or User;
“Website”: means the website of Magnify+ that is currently available at https://www.Magnify.plus and assorted subdomains and URLs, as updated from time to time.
“You” and “Your” refer to the individual authorized to use the specific Services and Systems that are made available by IP Metro.
IP Metro provides technical solutions aimed at (i) monitoring internet resources in general for intellectual property uses and infringement, and (ii) technologies that assist users to enforce intellectual property rights online. As such, IP Metro’s Systems and Services imply that certain information, including public information and Personal Data (whether or not publicly available) are collected, analysed, and/or processed, which data may or may not be associated to with information in which the Customer and/or Registered User may or may not have any rights or legitimate interests. It is entirely up to the Registered User, acting on behalf of the Customer or Business Partner, to determine whether or not it is appropriate and/or allowed to use the Systems and/or the Services for its intended purposes.
By using Our System and / or Services, You represent and warrant that all registration information You maintain with IP Metro, and in particular Your email address, is complete, correct, working and up-to-date. Each Customer represents and warrants that its Registered User(s) shall be entitled to use the Systems and the Services on behalf of Customer; each Business Partner represents and warrants that its Registered User(s) shall be entitled to use the Systems and the Services on behalf of Business Partner and in the name and on behalf of Customers. IP Metro is at all time entitled to attribute (and consider attributed) any acts, actions, and/or omissions by or of a Registered User to any such Business Partner and/or Customer.
The Services and IP Metro’s Systems shall be made available by IP Metro subject to (i) any unavailability caused by circumstances beyond IP Metro’s reasonable control, including any force majeure events and any computer, communications, Internet Service or hosting facility failures or delays involving hardware, software, power or other systems not with IP Metro’s possession or reasonable control, and denial of service attacks, (ii) third party sources monitored and analysed being publicly available, and (ii) any (emergency) downtime planned or caused by IP Metro. In relation to the latter, the Services or access to the Systems may be temporarily or permanently limited, interrupted or curtailed due to maintenance, repair, updates, upgrades, relocation, adaptation to and/or conformation with any Third-Party decision to (no longer) make certain Content publicly available. You acknowledge and accept that the provision of the Services and the functionalities of the IP Metro System are subject to changes, improvements, modifications, inactions or actions by IP Metro and in particular following Third Party decisions.
IP Metro may from time to time make available to You Third-Party products or services, including but not limited to Non-IP Metro Applications, consulting and/or legal services, which may contain features designed to interoperate with the Systems and/or Services. To use such features, You may be required to obtain access to Non-IP Metro Applications. Unless agreed upon otherwise in writing (i) any acquisition of such non-IP Metro products or services, and any exchange of data between You and any such non-IP Metro provider shall be on terms to be agreed between You and the applicable non-IP Metro provider, and (ii) IP Metro does not warrant or support non-IP Metro products or services, whether or not they are designated by IP Metro as “certified” or otherwise. In particular, if the provider of any such Non-IP Metro Application ceases to make the Non-IP Metro Application available for interoperation with the corresponding Service features on reasonable terms, IP Metro may cease providing such Service features without You being entitled to any refund or other compensation.
You shall not and shall not authorize any Third Party to: (a) reverse engineer, decompile or modify the IP Metro’s Systems; (b) circumvent any User limits or other timing, use or functionality restrictions built into the Services; (c) remove any proprietary notices, labels or marks from the Services (except to the extent You are so permitted for the purpose of re-branding the Services); (d) frame or mirror any content forming part of the Services; or (e) access the Services in order to (i) to build a competitive product or services, or (ii) copy any ideas, features, functions or graphics of the Services. You expressly acknowledge and accept not having any right to access the software code (including object code, intermediate code and source code) of the IP Metro’s Systems.
You will be required to create a password when accessing the Systems and using the Services for the first time or upon submitting a request for resetting such password. You are entirely responsible for maintaining the confidentiality of Your password. You agree not to use the account, username or password of another user at any time or to disclose their password to any Third Party. In the event that You suspect unauthorised use of their account, You agree to notify Us immediately. You are solely responsible for any and all use that is made of Your account.
Our Systems may not be used in connection with any commercial activities except those which are endorsed by Us. The illegal use of Our Services or Systems, including the collection of usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, is prohibited. Any and all commercial advertisements, affiliate links, and other forms of solicitation will be removed from user profiles without notice and may result in termination of user accounts.
You shall entitle IP Metro to use and display all data (including but not limited to Content that You submit to IP Metro to or give access to by using the Systems and Services. IP Metro’s Systems and deliverables as output of the Services are protected by copyright, trademark, patent, trade secret and other laws; You acknowledge and accept that IP Metro and its licensees own and retain all rights in relation thereto. IP Metro hereby grants You a limited, revocable, non-sublicensable licence to reproduce and display any information and data generated by IP Metro following Your use of IP Metro’s Systems and Services (excluding any and all software code) solely for Your personal use. Commercial Rights to Content: By posting Content, uploading files, inputting data, enabling access to data or Content, or engaging in any other form of communication through IP Metro’s Systems, You grant IP Metro a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication or Content; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted, in so far and to the extent this would be necessary or recommended in the performance of the Services. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Using IP Metro’s Services or Systems does not give You ownership of any intellectual property rights on the Content or data used in the Systems or Services, neither does it give You the right to use, copy, sublicense, adapt, transmit, publicly perform, sublicense, or display any such content or data. Representations and Warranties relating to Content. You represent and warrant that You (i) are entitled to legitimately use any Content provided to or by the Systems; (ii) shall not provide, upload or otherwise make available to Us any Content that contains a virus, worms, trojans, or any other kind of malicious code or links thereto. IP Metro represents and warrants that it shall undertake reasonable efforts to equip its Systems with anti-virus and anti-malware technology, and bring same up-to-date if and when updates thereof are made available by their respective developers / vendors.
IP Metro may, at its own discretion, agree to waive the applicable Fees as part of a specific Subscription for marketing purposes (“the Trial Offer”). In such case You may use the Service free of charge but only for the established time, and only on the Channels and for the Brand(s) specified as part of the Trial Offer. Continuing to use the Service after the end of the Trial Offer and/or for more Brands or Channels may require that You pay the relevant Fees as outlined by IP Metro on the Platform whenever applicable.
The courts of Ghent (Belgium) shall have exclusive jurisdiction over any dispute, controversy or claim.