Next generation of brand & product monitoring.
1.1 These Terms of Use apply to all contracts between MEDIA-IDENT Group GmbH, Dresdener Str. 31, 10179 Berlin (hereinafter “MEDIA-IDENT”), and the Client regarding the use of the online platform brandsident developed and distributed by MEDIA-IDENT, accessible at https://brandsident.com, as a tool for brand protection on the internet (hereinafter “brandsident”).
1.2 The General Terms and Conditions of MEDIA-IDENT Group GmbH www.mediaident.com apply. Any general terms and conditions of the Client shall only become part of the contract if MEDIA-IDENT expressly agrees to them. The inclusion of general terms and conditions of the Client is hereby expressly rejected.
2.1 The contract is concluded by mutual signature of the offer submitted by MEDIA-IDENT to the Client.
2.2 The offer submitted by MEDIA-IDENT constitutes a binding offer to conclude a paid usage contract. The Client’s signature of the offer constitutes acceptance of the offer. By signing, the Client concludes the paid contract for the use of brandsident. Subsequently, the user has the opportunity to access and use their client account on brandsident for the first time by entering their business email address and password (hereinafter “access data”).
3.1 MEDIA-IDENT provides the Client with brandsident as Software-as-a-Service (hereinafter “SaaS”). This includes, in particular, the granting of the usage rights required for use in accordance with Clause 6.
3.2 Access to brandsident is provided via a client account. The Client must therefore create a user account by providing the following information:
3.3 The Client is responsible for ensuring that the access data to the client account is securely stored at all times and is not disclosed to unauthorized third parties. In the event of suspected or actual misuse of the client account, the Client must immediately inform MEDIA-IDENT so that appropriate countermeasures can be taken.
3.4 Each Client may only be registered once at any given time. If MEDIA-IDENT terminates this contract or blocks/deletes the client account, the Client may only register again with the express written consent of MEDIA-IDENT.
3.5 MEDIA-IDENT provides brandsident to the Client for the automated detection of trademark infringements on the internet. MEDIA-IDENT does not guarantee that all trademark infringements committed on the internet will be identified through its use.
3.6 Brandsident‘s trademark search automatically scans the internet for matches with the trademark information uploaded by the Client and displays the identified matches in an overview in the Client’s account. Through brandsident, the Client can detect trademark infringements and initiate the preservation of evidence at the push of a button.
3.7 The overall frequency of the trademark search is determined exclusively by MEDIA-IDENT and may vary between Clients and subscription plans. Different plans have different limits regarding the scope of the trademark infringement search actively performed by MEDIA-IDENT, the information MEDIA-IDENT provides to the Client about the search results, and the client support offered by MEDIA-IDENT.
4.1 The Client shall ensure through appropriate measures that unauthorized third parties do not gain access to protected areas of brandsident, particularly the administrator account.
4.2 The Client is solely responsible for entering and maintaining data and content required for the use of brandsident and generated in the course of using brandsident. This particularly means the Client shall ensure that the data and content entered by themselves or users when using B:
4.3 The Client shall promptly report any reproducible defects in brandsident to MEDIA-IDENT. The defect report must include, in particular, information on the time of occurrence and a precise description of the defect.
4.4 The Client is fully responsible for content uploaded to brandsident. This includes in particular following up on reports of infringing content, moderating content accordingly, and deleting it if necessary. Upon request by MEDIA-IDENT, the Client shall remove specific content if such content has been reported by the Client to MEDIA-IDENT and violates contractual or legal provisions. If the Client fails to comply with this obligation, MEDIA-IDENT is entitled to block access to brandsident.
5.1 MEDIA-IDENT grants the Client a simple and non-transferable right to use brandsident and the content provided via it for the term of the contract and to the contractually agreed extent.
5.2 If the Client uploads their own content (such as documentation, graphics, video and audio files, logos, etc.) to brandsident that is protected by copyright or other intellectual property rights, the Client grants MEDIA-IDENT a simple, temporally limited right for the duration of the contract and geographically unlimited right to use this content for the purpose of fulfilling the contract. The Client also grants MEDIA-IDENT the right to sublicense this usage right to third parties engaged by MEDIA-IDENT to provide services. The Client warrants that they possess the necessary rights to grant these usage rights.
6.1 MEDIA-IDENT is entitled, but not obliged, to modify brandsident during the contract term, particularly to adapt it to technological progress or changing circumstances. This includes the addition of new features, changes to the user interface, and adjustments to the backend. MEDIA-IDENT may modify brandsident without prior notice to provide an optimized service offering, provided that brandsident remains suitable for its intended purpose and the optimized offering is reasonable for the Client.
6.2 Furthermore, MEDIA-IDENT is entitled to make changes, adjustments, limitations, or removals of functionalities of brandsident and the related services if changed legal provisions or standards, or new technical or scientific insights, necessitate such modifications. The implementation method is at MEDIA-IDENT’s discretion. The Client is not entitled to the introduction or retention of specific functionalities, as long as the essential functionality of brandsident remains unaffected.
6.3 If brandsident is modified such that its functionality is changed and/or adjusted and thereby replaces or supplements the previously used version of brandsident, the new version shall also be subject to the provisions of this agreement.
7.1 The Client agrees to indemnify and hold MEDIA-IDENT harmless from all third-party claims arising from an infringement of third-party rights, in particular copyright, trademark, patent, or other intellectual property rights, provided the Client is responsible for the infringement. This particularly applies if the claims are based on the Client not possessing the required rights for the licensing pursuant to Clause 5.2.
7.2 The Client’s indemnification obligation pursuant to Clause 7.1 also applies to claims resulting from actions or breaches by subcontractors, vicarious agents, or other third parties engaged by the Client.
7.3 The indemnification covers all demands and claims, as well as all costs incurred in defending against such claims, including the costs of adequate legal representation in court and out-of-court proceedings, and any other expenses associated with the defense.
7.4 MEDIA-IDENT shall promptly inform the Client of any asserted claims and give the Client the opportunity to comment. The indemnification obligation shall not apply to the extent that MEDIA-IDENT has contributed to the infringement or if the claim results from MEDIA-IDENT’s use of the content beyond the contractually agreed use.
8.1 The warranty provisions of tenancy law (Secs. 535 et seq. BGB) apply to the provision of brandsident.
8.2 The Client shall notify MEDIA-IDENT of any defects without undue delay.
8.3 Warranty for merely minor impairments of the suitability of the service is excluded.
8.4 The strict liability pursuant to Sec. 536a para. 1 BGB for defects existing at the time of contract conclusion is excluded. The scope of liability for damages is governed by Clause 9.
9.1 Unlimited liability: MEDIA-IDENT shall be liable without limitation for intent and gross negligence as well as in accordance with the German Product Liability Act. For slight negligence, MEDIA-IDENT shall be liable without limitation in the event of damage arising from injury to life, body, or health.
9.2 Otherwise, the following limited liability applies: In the case of slight negligence, MEDIA-IDENT shall only be liable for the breach of a material contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose observance the Client may regularly rely (cardinal duty). Liability for the slightly negligent breach of a cardinal duty is limited to the damage foreseeable at the time of contract conclusion and typical for this type of contract. These limitations of liability also apply to the benefit of MEDIA-IDENT’s vicarious agents.
10.1 The term and termination of the usage agreement are governed by the provisions in MEDIA-IDENT’s offer. If no term or termination provisions are included in the offer, the contract shall have a minimum term of 12 months. The contract may be terminated with a notice period of 3 months to the end of the term. If the contract is not terminated on time, it shall automatically renew for another term of 12 months.
10.2 Termination must be declared to the other party in text form (Sec. 126b BGB). Termination may also be effected by MEDIA-IDENT deleting the Client’s account. MEDIA-IDENT may delete the account in particular if the Client fails to meet contractual obligations, in the event of other serious breaches of duty, if there is well-founded suspicion of culpable breach of duty, or if no activity has occurred in the account for more than 6 months or the Client is unreachable via the provided email address.
10.3 In the event of termination, the Client’s account, their data, and uploaded trademark information will be deleted. If the Client has concluded a management contract with MEDIA-IDENT for the enforcement of trademark infringement claims, the account will initially be deactivated for the term of the management contract. Deactivation or deletion means the Client no longer has access to the account. Once all management contracts have ended, the account and its contents will be deleted.
10.4 The right of use granted under Clause 5 ends with the deletion of the client account and the uploaded trademark information.
11.1 The amount of remuneration and the billing method are determined by MEDIA-IDENT’s offer. If the offer does not include any agreement on the billing method, remuneration shall be paid annually in advance.
11.2 MEDIA-IDENT shall issue an invoice to the Client and send it via email. The invoice is due for payment within 14 days of issuance.
12.1 The contract between MEDIA-IDENT and the Client and these Terms of Use constitute the entire agreement between the parties. There are no oral side agreements. Any previous agreements on the use of brandsident are replaced by this contract unless the parties explicitly agree otherwise.
12.2 Should any provision of these Terms of Use be deemed invalid and/or void, the remaining provisions shall remain unaffected.
12.3 The law of the Federal Republic of Germany applies, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.4 The registered office of MEDIA-IDENT is the exclusive place of jurisdiction for all disputes arising out of or in connection with contracts between MEDIA-IDENT and the Client.
We apply years of expertise and AI-driven tools to protect brands globally from counterfeits and misuse.
Dresdener Str. 31, 10179 Berlin, Germany
contact@brandsident.com
+49 30 809 332 990
© 2024 · MEDIA-IDENT Group GmbH