GENERAL TERMS AND CONDITIONS FOR PLATFORM www.inventedfor.com
Effective date of last revision: 18.8.2015.
Welcome to inventedfor.com platform.
Platform inventedfor.com and its associated services may be found at the domain and its subdomains found at www.inventedfor.com (hereinafter referred to as “Platform”). The Platform is owned and operated exclusively by i4 d.o.o., Šmartinska cesta 130, 1000 Ljubljana, Slovenia (hereinafter referred to as “we”, “us” or “I4”).
This platform is primarily designed to collect ideas, their review and evaluation of their development and commercialization potential with a purpose to realization of a product idea or enhanced sales of an existing product. Selected product ideas will further be developed by I4 and may ultimately be commercialized, produced and sold by I4.
These terms and conditions apply to operation of the platform and define rights and obligations of I4, users, idea owners and distributers regarding submitted product ideas for their further development and realization.
Please read these Terms and Conditions carefully as they contain important information regarding your legal rights, remedies and obligations including various limitations and exclusions, governing law and a dispute resolution clause that governs how potential disputes shall be resolved.
By creating user account and/or accessing or using the Platform by posting any content on the Platform, you confirm and guarantee that you have read, understand and agree to be bound by these General Terms and Conditions.
I4 reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms and Conditions at any time without further notice. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate at the top of this page the date when these Terms and Conditions were last revised. If you have created user account prior to any such changes, you will be prompted to review the revised Terms and Conditions and accept them, prior to logging into your user account. Your continued use of the Platform after any such changes constitutes your acceptance of revised Terms and Conditions. If you do not agree to respect these of any future Terms and Conditions, do not use or access (or continue to use or access) the Platform and its associated services. It is your responsibility to regularly check the Platform to determine if there have been changes to these Terms and Conditions and to review such changes.
- GENERAL PROVISIONS
- Definitions of Commonly used Terms:
All initial capitalized terms used in this Terms and Conditions shall have the meaning ascribed to such terms. In addition to the terms defined elsewhere in these Terms and Conditions, the following terms shall have the meaning listed below:
“User” is anyone that uses or accesses this Platform.
“Product idea” means any product concept, design or idea that is submitted by a user to the Platform for evaluation of its development and commercialization potential.
“Idea Owner” means any User that would like to submit his Idea to the Platform and for this purpose registers himself as an Idea Owner to the Platform.
“Product Idea Submit” means submitting the Product Idea to Platform in order to receive information of its market potential and the opportunity for further development and commercialization.
“Test Group” is a group of experts that examines the submitted Product Ideas and evaluates their market potential.
“Selected Product Idea” is Product Idea which is chosen by I4 based on the opinion of Test Group and is taken into further process for market development and commercialization.
“Unselected Product Idea” is Product Idea that is not chosen by the I4 for further development and is placed into the Idea Warehouse.
“Idea Warehouse” is a collection of Unselected Product Ideas published on Platform and upon prior registration as Distributer accessible to companies interested for development of Product Ideas.
“Distributer” means a company that makes registration on this Platform as Distributer and gets the access to the Idea Warehouse.
“Platform Content” means all information in the Platform including designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, diagrams and any other files in whatever format and their selection and arrangement.
“User Content” includes all information that User may transmit to the platform and which may become available for use or display, including without limitation all designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data, and other files and creative output in whatever format.
“Intellectual Property Rights” means any Invention, writing, trade name, trademark, service mark, mask work or any other material registered or otherwise protected or protectable under patent, trademark, copyright, industrial designs, trade secret other similar laws.
“License Agreement” means any Agreement concluded between I4 and Idea Submitter, subject of which is the transfer of Intellectual Property Rights related to Product Idea to I4 in order to further development of Product Idea and its commercialization.
- Operation of the platform, Service interruptions and Platform changes:
I4 shall aim to provide reliable information on its Platform and will do its best to provide uninterrupted access to the Platform. However I4 does not give any warranties of any kind concerning this Platform. In particular I4 accepts no liability for any interruption or delay in access to the Platform and does not warrant that the Platform or any of its content is virus free. Users shall take their own precautions in this respect and agree that I4 shall bear no liability for any interruption of the Platform, delay or failure to perform. I4 has the right to interrupt the Platform with or without prior notice and to change and/or eliminate any aspects of the Platform and/or Services.
Using or accessing this Platform you acknowledge that, notwithstanding any copyright or other intellectual property rights you may have with respect to user content you post on the Platform, I4 does not provide or guarantee, and expressly disclaims, any value, cash or other material liability, attributed to any data residing on Platform servers.
- Control of the Platform and Services
You acknowledge that I4 is a service provider and that the Platform may enable Users to interact via Platform. I4 generally does not regulate the content of communications between Users and has consequentially very little control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of User Content provided by Platform Users and accepts no liability for User Content. I4 reserves the right to monitor and/or limit any content posted by a user to the Platform, including, without limitation, Product Ideas
This Platform is intended solely for users who are 18 years of age or older. Any registration by, use of or access to the Platform by anyone under 18 is unauthorized, unlicensed and in violation with these Terms and Conditions.
Only Companies can make registration to the Platform as Distributers.
Each registration to the Platform has to be approved by I4. I4 has the right to reject any registration, for any or no reason.
- Electronic communications
When you use any I4 service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the Platform. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing. The formal language of the communication is English.
- Intellectual Property Rights:
This Platform and its content are protected by copyright and other intellectual property rights such as designs, patterns, trademarks, trade secrets or other rights. By assessing and using this Platform or any of its contents, Users are not granted any of the intellectual property rights vested in this Platform or in any of the products or plans, sketches and pictures, displayed on this Platform.
Unless Users acquire specific license or prior written authorization from I4 they are not allowed to copy, reproduce, adapt, modify, sell, display or communicate to the public in any other way, or otherwise use or exploit any content of this Platform and its content including but not limited all Product Ideas and their representation.
Users accept full responsibility and liability for their use of any Platform Content or User Content in violation of any such right. Users may not upload or republish any Platform Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation.
Any use of the Platform or Platform Content other than as specifically authorized in these General Terms and Conditions, without the prior written permission of I4, is strictly prohibited. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communication regulations. Unless explicitly stated herein, nothing in these General Terms and Conditions shall be construed as conferring any license to Intellectual property Rights, whether by estoppel, implication or otherwise.
- Intellectual Property Infringement Complaints
I4 respects the intellectual property rights of others and strictly prohibits Users from uploading, posting or otherwise transmitting on the Platform or via the Services any materials that violate another party’s Intellectual Property Rights or that constitutes another party’s Proprietary information. Any identified infringing materials posted by any User shall be removed from Platform and I4 may at its sole discretion decide to claim damages against such Infringers.
If Users believe that any Platform Content infringes any Intellectual Property Right, they shall immediately send a notice of Intellectual Property Rights infringement to firstname.lastname@example.org.
- Performance of services and liability
I4 provides the Platform, the services, User’s accounts and all related content strictly on an “as is” basis, provided and accepted at Users’ own risk, and hereby expressly disclaims all warranties or conditions of any kind, written or oral, express, implied or statutory, including without limitation any implied warranty or title, noninfringement, merchantability or fitness for a particular purpose.
- User Presentation of I4 or I4 Products
Users may choose to produce a web application (including, without limitation, a website, blog, Facebook page, Twitted Page or similar) promoting or otherwise presenting I4 or I4 Products.
Any such application must comply with the following guidelines:
- The following notice shall be posted clearly and conspicuously on each and every page within an application: “This application is not affiliated with, endorsed by or in any manner provided or controlled by I4. The Company I4 d.o.o., Šmartinska cesta 130, 1000 Ljubljana, Slovenia, assumes no liability for the content of this application.”
- If using any I4 branding (including, without limitation, I4 or I4 product brand names or logos), Users are not allowed to do any distortions or alterations of the brand appearance (including, without limitation, spelling changes, merging words, color, font or dimensions alterations);
- If using any I4 created imagery (still photos or videos), Users have to include the following attribution to each instance of imagery: “© I4 d.o.o., Šmartinska cesta 130, 1000 Ljubljana, Slovenia, All rights reserved”;
- Users shall not claim any untrue associations with I4. I4 Users are not employees, consultants, contractors or agents of I4;
- Users are not allowed to include the I4 name or other I4 brand name in a domain name (including, without limitation, Facebook page URL or Twitter page URL).
- Personal Data Protection
Any personal data submitted to I4 by Users of the Platform shall be processed pursuant to Regulation (EC) No 45/2001 on the protection of individuals and Personal Data Protection Act (OJ RS Nr. 94/07).
Responsible person for survey, processing and use of personal data is: Grega Piškur, I4 d.o.o., Šmartinska cesta 130, Slovenia. All questions regarding survey, authorization, blocking or erasing personal data or other information related to the use of personal data on I4 Platform shall be addressed to the responsible person.
User shall have the right of access to his/her personal data and the right to rectify any such data.
Users’ Personal data are collected and processed by I4 only for the purposes of the operation of the Platform and providing the Services, defined in these General Terms and Conditions, especially for processing orders, contacting Users in case of possible problem situations, informing Users about current pitches, contests and new products.
I4 shall limit access to personal data to the staff strictly necessary for the performance, management and monitoring of Services.
I4 undertakes to adopt appropriate technical and organizational security measures having regard to the risks inherent in the processing and to the nature of the personal data concerned in order to:
- prevent any unauthorized person from having access to computer systems processing personal data, and especially:
- unauthorized reading, copying, alteration or removal of storage media;
- unauthorized data input as well as any unauthorized disclosure, alteration or erasure of stored personal data;
- unauthorized using of data-processing systems by means of data transmission facilities;
- ensure that authorized users of a data-processing system can access only the personal data to which their access right refers;
- record which personal data have been communicated, when and to whom;
- ensure that, during communication of personal data and transport of storage media, the data cannot be read, copied or erased without authorization;
- design its organizational structure in such a way that it meets data protection requirements.
This is the list of cookies we use on I4 Platform:
1st party cookie
website analytics by I4
3rd party cookie
analysis of website use by
Google Analytics tool
I4 relies on Google Analytics by Google Inc. to analyze Platform use. You can block cookies for Google Analytics by installing the opt-out plugin from: https://tools.google.com/dlpage/gaopt
If you have any questions, suggestions or concerns related to these General Terms and Conditions, you may contact I4 at email@example.com.
- Dispute Resolution; Governing Law; Venue and Jurisdiction
These General Terms and Conditions are governed by and shall be construed in accordance with the laws of the Republic of Slovenia.
By visiting or using the Platform and/or the Services, you agree that the laws of the Republic of Slovenia, without regard to principles of conflict of laws, will govern these General Terms and Conditions and any dispute of any sort that might arise between you and I4.
All legal disputes, which may occur due to Platform usage and/or the Services, are under exclusive jurisdictions of courts of Republic of Slovenia and shall be settled by competent Court in Ljubljana, Slovenia.
If any provision of these General Terms and Conditions shall be held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be deemed severable from these General Terms and Conditions and shall not affect the validity and enforceability of the remaining provision.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
- Basic Description of Product Idea development process:
- Idea Owner registers himself as an Idea Owner to the Platform and submits his Product Idea to the www.inventedfor.com portal. The Product Idea Submission includes a binding offer for the transfer of all the transferable Intellectual Property Rights related to Product Idea to I4. The Value of the Offer represent the highest price at which Idea Owner has to transfer all the transferrable Intellectual Property Rights related to submitted Product Idea to I4 and includes the final drawings for 3D print, suitable for production;
- I4 makes first and basic review of submitted Product Ideas and decides if the submitted Product Idea is suitable to be presented to Test Group for further assessment. In this step I4 may ask Idea Owner to disclose any further information and/or data about submitted Product Idea required for presentation of Product Idea to Test Group.
- I4 shall inform Idea Owner within 14 days from the date of the complete Product Idea submission if the submitted Product Idea shall not be presented to Test Group for further assessment. Submitted Product Ideas which are not shared with Test Group represent Unselected Product Ideas and are presented in the Idea Warehouse.
- I4 guarantees that all the members of Test Group have signed Non-disclosure agreement preventing them from abuses of submitted Product Ideas, including but not limiting copying, disclosing Product Ideas to third persons, selling, using for purposes other than assessment etc.
- The Test Group assesses the market potential of submitted Product Ideas and based on the Test Group opinion, I4 may at its sole discretion, taking into consideration a variety of factors, decide to select or not select Product Ideas for further development and / or commercialization, production and sale. I4 shall notify Idea Owner about its decision (selection or non-selection) within three months following the complete Product Idea submission. If I4 does not notify the Idea submitter about selection or non-selection of the idea in the stated deadline, Idea Owner’s binding offer for the transfer of all the transferrable Intellectual Property Rights incorporated in such Product Idea expires and Idea Owner is free to make further Product Idea development and /or commercialization on his own or in cooperation with any other person.
- If I4 does not select the Product Idea, such idea is presented in the Idea Warehouse.
- If I4 selects the Product Idea, I4 can either accept Idea Owner’s binding offer and the License Agreement is concluded with I4’s acceptance notice to the Idea Owner, or I4 may enter into negotiations with Idea Owner to reach License Agreement under conditions different from those stated in the Idea Owner’s binding offer. All transferrable Intellectual Property Rights related to Product Idea are transferred to I4 with the conclusion of License Agreement.
- The payment for the transfer of the Selected Product Idea and corresponding transferrable Intellectual Property Rights shall be defined in the License Agreement either as a one-time payment, royalty fee or combination of both. It includes payment for the transfer of all the transferrable Intellectual Property Rights related to the Selected Product Idea and delivery of final drawings for 3D print, suitable for production. If Idea Owner does not provide I4 with final drawings for 3D print, suitable for production, I4 may lower the payment for all its costs spent for drawing up the final drawings for 3D print, suitable for production. The Payment shall be paid out as gross amount to the Idea submitter’s account. The Idea Owner is obliged to invoice I4 for the service, which will serve as the base for the payout. The Idea Owner is also responsible for all taxes due on any received payments.
- Once the License Agreement is concluded, I4 may at its sole and absolute discretion perform further development of Product Idea, manufacture the Product Idea and sell the commercialized version of the Product Idea. This process is subject to I4’s sole and absolute discretion and I4 reserves the right, for any or no reason and at any time, to terminate the development of a product idea in any phase or to terminate the manufacture and/or sale of any commercialized product based on the Selected Product Idea.
I4 may call contest for the design of specific Product and invite Users to participate with their Product Ideas.
All Contests shall be published on the Platform. The Process of the Contest, deadlines for Product Idea submitting and all other Rights and Obligations of Participants shall be defined in Contest Guidelines which shall be published on the Platform. If there are any collisions and / or any differences between those General Terms and Contest Guidelines, the latter shall prevail.
- User’s Rights and Obligations:
Users are responsible for providing accurate, current and complete information about them, maintaining the confidentiality of their accounts and passwords and for restricting access to their computer, and they agree to accept responsibility for all activities that occur under their account or password. Users should inform I4 immediately if they have any reason to believe that their password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.
Users are responsible for ensuring that all the information, data and details they provide I4 with are correct and complete, and for informing I4 of any changes to the information they have provided. Users can access and update much of the information they have provided I4 with, including their account settings, in their account area of the Platform.
Users are strictly prohibited to:
- take any action or upload, post, e-mail or otherwise transmit to or via the Platform any User Content that:
- infringes or violates any third party rights (including without limitation all Intellectual Property Rights, or that constitutes any other Person's Proprietary Information),
- violates any law or regulation,
- is harmful, harassing, causes tort, defamatory, vulgar or otherwise inappropriate,
- contains any viruses, Trojan horses, worms, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data,
- that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, confidential information) or
- might represent any unsolicited or unauthorized advertising, or promotional materials.
- impersonate any Person without their consent, including, but not limited to, a I4 employee, or falsely state or otherwise misrepresent their affiliation with any Person;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- attempt to gain access to any other User's account or password; or "stalk", abuse or attempt to abuse, or otherwise harass another user;
- modify, adapt, reverse engineer, decompile or attempt to discover the source code of the Platform or any of its algorithms that are utilized to allocate Influence.
Users agree to defend, indemnify and hold harmless I4, its employees, agents, suppliers, licensees, distributors, successors and other Users of its Services, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from their breaches of these General Terms and Conditions.
Any User's violation of his obligations defined in these General Terms and Conditions may result in immediate and permanent suspension or cancellation of such User’s account and User shall compensate I4 for any damages caused by violation of any of his obligations stated in these Terms and Conditions.
- Idea Owner’s Rights and Obligations
With Product Idea submission Idea Owner:
- remains the sole holder of all Intellectual Property Rights related to the submitted Product Idea. All the transferrable Intellectual Property Rights are transferred to I4 against payment only if the submitted Product Idea is selected and when the License Agreement is concluded.
- guarantees that data written by the presentation of the idea is truthful;
- guarantees that the idea is his own and the Idea Owner is the single owner of all copyrights and other Intellectual Property Rights related to Product Idea. If it turns out at later point of time that these rights are infringed to a third person, the Idea Submitter enters the judicial process with the third person. The Idea Owner is obliged to pay any damage arising from such infringement to I4;
- allows I4 to share the Idea with the Test Group;
- guarantees that he shall not present submitted Product Idea to any other person with intention to develop and/or commercialize Product Idea for the time period of I4’s evaluation of the submitted Product Idea (three months following the complete Product Idea submission).
- guarantees that he may cooperate within the process of the graphical preparation/development of the product to the best of his abilities. Furthermore the Idea Owner agrees to cooperate within any product plan corrections until the final prototype of the product is made to the best of his abilities;
- guarantees that his offer is binding and represents the highest price, at which Submitted Product Idea including all the transferrable Intellectual Property Rights and final drawings for 3D print, suitable for production, can be bought by I4 so that I4 gains all transferrable intellectual rights to develop, protect, promote and sell the product with settlement of the price stated at the Idea submitter’s offer;
- acknowledges that if I4 accepts his binding offer, License Agreement is automatically concluded under terms stated in his binding offer (all the transferrable Intellectual Property Rights incorporated in the Product Idea are transferred to I4) and agrees to sign written License Agreement with I4 if necessary;
- If the Idea Owner has already developed the product and organized the production, the Idea Owner agrees that with the Idea submission, I4 will gain exclusive rights to market the product at least within the area of 5 members of European Union. The Idea Owner binds to equal the redemption price to the price, offered to other distributors by Idea submitter.
Idea Owner may withdraw the submitted Product Idea at any time before License Agreement is concluded. In such case Idea Owner shall bear all I4’s costs related to Product Idea evaluation and all other performed Services defined in these General Terms and Conditions.
Idea Owner may at any time request I4 to exclude his Unselected Product Idea from the Idea Warehouse. I4 has to respond to such request within 14 days from the day of such request.
Idea Owner shall compensate I4 for any damages caused by violation of any of his obligations stated in these Terms and Conditions.
- Distributer’s Rights and Obligations
Upon registration as a Distributer, the Distributer gets the access to the Idea Warehouse. Mandatory part of Distributer registration procedure is acceptance of Non-disclosure statement. I4 shall confirm the Platform registration of the Company as a Distributer and shall with or without any reason reject registration of any Company to Platform.
The Distributer shall refrain any third person from accessing and /or using his Platform Account and has to keep his Platform Account and Password confidential. If Distributer has any reason to believe that his Password has become known to anyone else, or if his password is being, or is likely to be used in an unauthorized manner, he should inform I4 immediately.
The Distributer may use all the data, information and materials posted into the Idea Warehouse solely in order to realize his potential interest to purchase the Unselected Product Idea for its further development and/or commercialization. The Distributer is strictly prohibited to copy, sell, disclose Product Ideas or to take any other action that might infringe Idea Owner’s Intellectual Property Rights incorporated in Product Idea.
If Distributer is interested in purchasing one or more of the Unselected Product Ideas or if he would like to get some additional information regarding Unselected Product Ideas, he shall contact I4 at firstname.lastname@example.org. Distributer is strictly prohibited to make any communication regarding his interest to purchase the Unselected Product Idea directly with the Idea Owner and explicitly guarantees that he shall perform all communication via I4.
If Distributer finds out that Product Ideas on the Platform are identical or similar to already existing market Products, he shall without hesitation inform I4 and disclose any materials or information about such products.
Any failure to comply with stated Distributer’s Obligations shall represent major breach of these General Terms and Conditions and may result in immediate and permanent suspension or cancellation of such Distributer’s account. Distributer shall compensate I4 for any damages caused by violation of any of his obligations stated in these Terms and Conditions.
- I4’s Rights and Obligations
I4 may at any time, in any phase of development or sales, with or without reason, reject a submitted Product Idea, even if such Product Idea has been already selected for further development and/or commercialization. I4 bears no liability for non-selection of a submitted Product Idea.
With conclusion of License Agreement I4 becomes the sole and exclusive owner of all the transferrable Intellectual Property Rights incorporated in the Selected Product Ideas and may at any time sell or sublicense such rights to any third person. I4 will make effort to manufacture the product within good quality standards and sell it to its distributers, with regards to submitted and chosen Idea. However, I4 does not guarantee to develop the product to its end or to sell it on market.
I4 will legally fight any copyright violators, who will have access to submitted ideas on I4 portal.
I4 is the sole owner of User account data and any data stored on its servers, regardless of any Intellectual Property Rights in User Content.
I4 (or any of its shareholders, employees or agents) shall in no event be liable to Users or to any third party for any special, incidental, consequential, punitive or exemplary damages, including without limitation any damages for lost profits, arising out of or in connection with the services or the Platform (including its modifications or termination), Users Accounts (including their termination or suspension), whether or not I4 may have been advised that any such damages might or could occur and notwithstanding the failure of essential purpose of any remedy. In addition, in no event will I4’s cumulative liability for direct damages of any kind or nature exceed two hundred Euros (EUR 200.00).