Terms of Service

1. Definitions

• "Reseller" — a business or individual that integrates the Trademark SDK API into their own product, platform, or checkout flow and resells trademark checks to end customers.
• "End Customer" — the person or entity that purchases a trademark check through a Reseller's integration.
• "API Key" — the unique credential issued to a Reseller to authenticate API requests.
• "Check" — a single trademark risk assessment query processed through the Service.
• "Report" — the branded PDF output delivered to the End Customer after a Check.

2. Service Description

Trademark SDK provides a trademark risk-checking API. Resellers embed our API into their own domain-registration, brand-naming, or legal-tech workflows. We query trademark databases (including but not limited to USPTO, EUIPO, WIPO, UKIPO) and return structured risk assessments together with optional white-label PDF reports.

3. Account Registration & API Keys

• You must provide accurate business information during registration.
• API keys are tied to your account. You are responsible for all usage under your keys.
• Sandbox keys are free and unlimited. Live keys incur fees per successful Check.
• You may not share, sell, or transfer your account or API keys to third parties.

4. Pricing & Payment

Trademark SDK operates on a pay-per-check model. Prices are displayed in your dashboard and may vary by jurisdiction scope (e.g. Regional vs. Global). All fees are billed in EUR (€).

We use Stripe for payment processing. By adding a payment method, you authorise us to charge your selected card for all fees incurred. Invoices are generated monthly and are available for download from your dashboard.

5. Value Added Tax (VAT)

Our place of supply is Austria. VAT treatment depends on your location and business status:

• Austria (domestic customers): Austrian VAT at the standard rate of 20 %is applied to all fees. The invoice shows the net amount, VAT amount, and gross total.
• EU B2B customers (outside Austria): Under the EU VAT Reverse Charge mechanism, we do not charge Austrian VAT. You are responsible for self-assessing VAT in your home Member State under Article 44 of Council Directive 2006/112/EC. Your valid EU VAT ID must be provided in your account profile for reverse-charge treatment to apply. If no valid VAT ID is on file, we reserve the right to charge Austrian VAT at 20 %.
• Rest of the world (non-EU customers): Fees are invoiced net — no EU VAT is charged. You are responsible for any local taxes, withholding taxes, or duties applicable in your jurisdiction.

VAT amounts, where applicable, are shown as separate line items on every invoice. If your VAT status changes, you must update your profile promptly; adjustments for prior incorrectly taxed periods are at our sole discretion.

6. Invoicing & Refunds

Invoices are issued in arrears on a monthly basis and are due immediately upon issuance. Unpaid invoices may result in suspension of API access. All fees are non-refundable except where required by Austrian consumer-protection law.

7. License & Usage Restrictions

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service during the term of your active account. You may not:

• Scrape, mine, or systematically extract data from our databases outside the documented API.
• Circumvent rate limits, authentication, or billing mechanisms.
• Use the Service for unlawful, fraudulent, or defamatory purposes.
• Resell raw API access; you may only resell completed Checks and Reports to End Customers.
• Reverse engineer, decompile, or disassemble any part of the Service.

8. Intellectual Property

All trademarks, code, designs, databases, and content belonging to Trademark SDK remain our exclusive property. White-label Reports generated for your End Customers may bear your branding, but the underlying data, scoring algorithms, and report templates are licensed, not sold.

9. Data & Privacy

Your use of the Service is also governed by our Privacy Policy. We process personal data in accordance with the GDPR. End Customer data submitted through your integration is processed as a data processor on your behalf; you remain the data controller and warrant that you have obtained all necessary consents.

10. Service Availability & Support

We aim for high availability but do not guarantee 100 % uptime. We provide support via email and dashboard chat during business hours (CET/CEST). We may perform scheduled maintenance with reasonable notice.

11. Termination

You may close your account at any time from your dashboard. We may suspend or terminate your account immediately for material breach, fraud, or behaviour that harms our systems or reputation. Upon termination, all outstanding fees become immediately due.

12. Limitation of Liability

To the fullest extent permitted by Austrian law, our aggregate liability arising out of or relating to these Terms or the Service shall not exceed the total amount you paid us in the twelve (12) months preceding the event giving rise to liability. We are not liable for indirect, incidental, special, consequential, or punitive damages.

The Service provides risk assessments, not legal advice. We do not guarantee that any given trademark is registrable, unchallenged, or free of conflict. You acknowledge that trademark law is complex and jurisdiction-specific and that you use the Service at your own risk.

13. Governing Law & Jurisdiction

These Terms are governed by the laws of the Republic of Austria, excluding its conflict-of-laws provisions. Any dispute arising from these Terms shall be submitted to the exclusive jurisdiction of the competent courts in Vienna, Austria.

14. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or dashboard notice at least thirty (30) days before taking effect. Continued use of the Service after changes constitutes acceptance.

15. Contact

For questions about these Terms, please contact us via your dashboard or at the support email listed in your account settings.