Terms of Service
Description of the Service
Bernstein Technologies GmbH (“Bernstein” or “We”) provides a platform via its website bernstein.io (the “Site”) to a community of registered users (“Users” or “you”) to upload files and submit texts.
User information are organized in coherent sets of data called innovation units (“Units”), each representing a specific intellectual property asset. You are solely responsible for creating and maintaining your Units.
Bernstein provides you with tools to securely encrypt, store, retrieve and share Units. Encrypted Units are stored on Bernstein servers. Decrypted Units are never sent or stored on Bernstein servers.
For each Unit Bernstein allows users to generate digital certificates by: 1) registering a Unit on the blockchain, a secure distributed ledger; 2) submitting a Unit to a trusted European Union Timestamping Authority. In both cases the content of the Unit is not revealed to any third party since only a cryptographic fingerprint of the Unit is required to produce the certificates.
All above mentioned features and new ones that may be added are collectively indicated as “the Service”.
You understand and agree that the Service is provided “as-is” and that Bernstein assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user data or personalization settings.
Bernstein online tool for managing and protecting your intellectual property. We will develop more features and services in the future.
Acceptance of Terms
You may use the Service only if you have the ability to form a contract with Bernstein and are not barred from doing so by applicable law. According to German law, you must be at least 18 to use the Service or have a parent or guardian sign up for you.
If you use the Service on behalf of an organization, you agree to the Terms for that organization and confirm you have the authority to bind the organization to the Terms. In that case, “you” and “your” will refer to the organization.
by using Bernstein you agree to all the terms below.
Modification of Terms
Bernstein reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Bernstein will notify you by posting an announcement on the site. What constitutes a material change will be determined at Bernstein’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any Service shall constitute your acceptance of the Terms as modified.
In addition, when using particular features of the Services, you shall be subject to any posted guidelines or rules applicable to such Services.
Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Bernstein. Bernstein reserves the right to suspend or discontinue the availability of the Site and/or any Service at any time at its sole discretion and without prior notice. Bernstein may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your units and you are directed to retain your own copies of all Units uploaded on the Site.
if these terms change, we will notify you. As well, at times things can go wrong and the service may be interrupted. It’s unlikely, but sometimes things can go really wrong.
As a condition to using Services, you are required to open an account with Bernstein and select an email, a password and an encryption key.
The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services.
You are solely responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. You agree to immediately notify Bernstein of any unauthorized use of your account or any other breach of security.
The Service is for use by a) individuals who own intellectual property assets; b) entities that represent owners of intellectual property assets.
Warning: Bernstein is not aware of your encryption key and is unable to access/change/reset/revoke your encryption key or to generate a new encryption key for you. If you forget or lose the encryption key, it is not possible to decrypt already existing encrypted Units, this means, that your data is lost forever.
to fully use the services, you need to create your own account. If you forget your encryption key your data are lost forever.
Content of Units submitted to the Site is the sole responsibility of the account holder from which such content originates and you acknowledge and agree that you, and not Bernstein are entirely responsible for all content that you post, or otherwise submit to the Site. Bernstein does not control user submitted content since it does not have access to the encryption key and, as such, does not guarantee the accuracy, integrity or quality of such content.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Bernstein. By way of example, and not as a limitation, you agree not to use the Services to:
- upload or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- upload or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You also agree not to access the Service by any means other than through the interfaces that are provided by Bernstein for use in accessing the Service. You are solely responsible for your interactions with other users of the Site.
To report a suspected abuse of the Site or a breach of the Terms please send written notice to Bernstein at email: email@example.com.
be reasonable and responsible, don’t do anything stupid and you’ll be fine.
Release and indemnity
You hereby expressly and irrevocably release and forever discharge Bernstein, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Bernstein, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) content posted on Bernstein websites, (iii) the use of the Service, by you or any person using your account, or (iv) any violation of any rights of a third party.
we are not liable if something goes really wrong. Always have a backup of your data!
Bernstein, bernstein.io and other Bernstein graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Bernstein Technologies GmbH. Bernstein’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bernstein. Bernstein-originated content such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the Bernstein websites, is the property of Bernstein and its licensors and protected by German and international copyright laws. Unless explicitly stated, no reproduction of any Bernstein-originated content is permitted without permission from Bernstein.
please respect our trademarks and brands.
Cancellation and termination
You are solely responsible for properly canceling your account. You can cancel your account at any time through the service web interface that provides a simple no questions asked cancellation link. All your innovation units will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up period, your cancellation will take effect immediately and you will not be refunded for the unused period. If you subscription expires we will freeze your login credentials and innovation units until you ask to delete them or renew the paid subscription.
you can stop using your account or close it at any time.
Miscellaneous Legal Terms
Prohibition of Assignment
You may not assign your rights in the Terms. Any attempt to do so is void. Bernstein may assign its rights to its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Applicable Law and Court of Jurisdiction
The law of the Federal Republic of Germany applies to these Terms. The general place of jurisdiction of Bernstein Technologies GmbH, as well as the place of fulfilment, is Munich.
If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach.
This agreement is between you and Bernstein, we are based in Germany, errors in some terms are not a good reason to ignore the rest.