Chatbot BenBot - Terms and Conditions of Use

Terms and Conditions of the Use of the Chatbot “BenBot” - Status: 15 May 2021

Preamble

These Terms and Conditions of the use of the Chatbot “BenBot” (hereinafter: the Chatbot Terms and Conditions) apply to all services offered via the mobile app “BenBot” by LexDellmeier Intellectual Property Law Firm, Nymphenburger Str. 23, 80335 Munich, Germany, Tel: 089 - 55 87 987 0 - Central Email:

(hereinafter: LexDellmeier) (in particular, but not exclusively: provision of information in the field of European Union trademarks, collection of information necessary to apply for a EU trademark registration).

The Chatbot Terms and Conditions, together with LexDellmeier’s General Terms and Conditions and Data Privacy Notice, constitute the basis of the agreement between LexDellmeier and the user (hereinafter: the Agreement). By accepting the Agreement, you confirm that you have read, understood and accepted its content.

1. General Information

1.1 Service Description

The Chatbot “BenBot” (hereinafter: the Chatbot) is a service provided by LexDellmeier to allow the user to apply for the registration of their EU trademark. The Chatbot generates questions to the user and the user answers them by typing relevant information or uploading relevant files. At the end, the user must confirm whether they want to submit the filled form to LexDellmeier. If they choose to do so, an email with the summary of the information provided in the application form will be sent both to LexDellmeier and the user. Attorneys at LexDellmeier will then contact the user via email or phone within 2 – 3 working days in order to discuss their inquiry.

Filling and submitting the application form to LexDellmeier itself imposes no obligation on LexDellmeier to perform any legal services for the user and no obligation on the user to pay for their performance. Such an obligation only arises if after the consultation via email or phone LexDellmeier and the user agree to it in accordance with the General Terms and Conditions.

1.2 Acceptable Use

The user understands and agrees that they will use the Chatbot only in accordance with the contractual intended purpose and the Agreement. In particular, but without limitation, the user may not:

1. Hinder the functioning of the Chatbot, especially in the form of reverse engineering or hacking the Chatbot, attempting to gain unauthorized access to the Chatbot (or any portion thereof), or related systems, networks, or data;
2. Use the Chatbot in a way contradictory to the Agreement and causing LexDellmeier to become impaired in its ability to provide services via the Chatbot, e.g. by submitting data or content that may contain viruses or other harmful components;
3. Misrepresent or mask the origin of any data, content, or other information they submit, e.g. impersonate anyone else;
4. Use the Chatbot in a way which violates the rights of other individuals or laws.

In case of such a breach, LexDellmeier retains the right to exclude the user from using the Chatbot.

2. Exclusion of liability

2.1 Information provided by the Chatbot

LexDellmeier shall have no responsibility or liability whatsoever arising from or connected to the accuracy, reliability, currency or completeness of any material contained on the mobile application “BenBot”. This refers in particular but without limitation to:

1. the information displayed by the Chatbot in chat windows as well as in the side bar;
2. the result of the identity search performed by the Chatbot.

Neither the information provided by the Chatbot nor the searches can be taken as a professional legal advice or a substitute thereof. LexDellmeier advises the user to exercise their own skill and care with respect to the use of the Chatbot and to obtain any appropriate professional advice relevant to their particular circumstances.

2.2 Data provided by the user

All information, data, graphics, messages or any other materials submitted by the user via the Chatbot (hereinafter: Data) is the property of the user. The user is solely responsible for all Data submitted via the Chatbot. LexDellmeier shall have no responsibility or liability whatsoever arising from or connected to any Data provided by the user via the Chatbot.

2.3 Services performed via the Chatbot

LexDellmeier shall have no responsibility or liability whatsoever arising from or connected to the improper functioning of the Chatbot, in particular but not limited to any technical issues that arise.

3. Intellectual Property

“BENBOT” is a registered trademark and is therefore subject to national, as well as international, protection.

LexDellmeier has rights to intangible assets in the form of a graphic project of offered services and software, application layout, and computer software, as well as to all company signs and trademarks used within its scope of business activity.

4. Cost

The use of the Chatbot itself is free of charge.

If after the consultation via email or phone LexDellmeier and the user decide to enter into a legally binding agreement to perform legal services, the relevant provisions of General Terms and Conditions apply, in particular the provisions regarding the Package “STARTUP” in connection with the online trademark application via the mobile app “BenBot”.

5. Data protection

Personal data received by LexDellmeier from the user are collected, processed, and used by LexDelmeier as described in a separate Data Privacy Notice. For information regarding LexDellmeier’s compliance with the applicable data protection laws, please visit our Data Privacy Notice.

6. Place of jurisdiction

The place of jurisdiction for all disputes arising from the relationship between LexDellmeier and the user is - as far as legally permissible – Munich, Germany.

7. Severability clause

If parts or individual formulations of this text do not, no longer or not completely correspond to the applicable legal situation, the remaining parts of the present Chatbot Terms and Conditions remain unaffected in their content and validity.