Terms and Conditions
Last updated: 15 June 2026
ptntpwr is a trademark of brantsandpatents bv | BE 0829.197.174 | RPR Ghent, with registered office at Pauline Van Pottelsberghelaan 24, 9051 Gent, Belgium. In these Terms and Conditions, the platform and its operator are referred to as ptntpwr.
Article 1. General
1.1 These Terms and Conditions are applicable to all services provided by or through ptntpwr, including the use of the ptntpwr website and platform, the free Patentability Check, the AI-assisted invention intake, and all professional patent drafting and filing services.
1.2 All stipulations in these Terms and Conditions shall also apply in respect of anyone who, whether or not as an employee, performs work for ptntpwr’s organisation, and in respect of anyone who for or on behalf of ptntpwr performs work, including partners, associates, and contractors, in so far as they have legal personality.
1.3 As “Client” is considered the natural or legal person giving instructions to ptntpwr, whether by creating an Account, submitting an Invention Disclosure, or otherwise engaging services. As the Client is also considered the natural or legal person on whose behalf the former has given instructions to ptntpwr.
1.4 By accessing or using the ptntpwr platform, creating an Account, or submitting an Invention Disclosure, the Client acknowledges that he or she has read, understood, and agrees to be bound by these Terms and Conditions, together with the Privacy Policy and Cookie Policy. If the Client does not agree, the Client must not use the platform.
1.5 Where the Client uses the platform on behalf of a legal entity, the Client represents that he or she has the authority to bind that entity to these Terms and Conditions, and references to “the Client” include that entity.
1.6 The Client represents and warrants that he or she is at least 18 years of age and has the legal capacity to enter into a binding agreement.
Article 2. Definitions
2.1 In these Terms and Conditions, the following terms have the following meanings:
- “Account” means the personal user account created by a Client on the platform.
- “AI Features” means the artificial intelligence-assisted functionalities of the platform, including the AI-assisted chat, the free Patentability Check, and any AI-generated analysis, suggestions, or draft content.
- “Consumer” means a Client who is a natural person acting for purposes that fall outside his or her trade, business, craft, or profession, within the meaning of Article I.1, 2° of the Belgian Code of Economic Law.
- “Engagement Letter” means the separate written agreement between ptntpwr and the Client setting out the scope, fees, deliverables, and specific terms of a Professional Services engagement.
- “Invention Disclosure” means any description, drawing, data, technical information, or other content relating to an invention that a Client submits through the platform, whether via the AI-assisted chat, intake forms, file uploads, or any other means.
- “Patentability Check” means the free, AI-assisted preliminary assessment of potential patentability offered through the platform.
- “Professional Services” means the paid patent drafting, filing, prosecution, and related professional services performed by ptntpwr’s qualified patent attorneys, as specified in an Engagement Letter.
Article 3. Identity of the service provider
3.1 In accordance with Article XII.6 of the Belgian Code of Economic Law and Article 5 of Directive 2000/31/EC (E-Commerce Directive), the following information is provided:
- Company name: brantsandpatents bv
- Trading as: ptntpwr
- Legal form: Besloten vennootschap (BV) under Belgian law
- Registered office: Pauline Van Pottelsberghelaan 24, 9051 Gent, Belgium
- KBO/BCE: BE 0829.197.174
- RPR: Gent
- VAT: BE 0829.197.174
- Email: info@ptntpwr.com
- Professional title: Patent Attorney / European Patent Attorney
- Professional body: Institute of Professional Representatives before the European Patent Office (epi)
Article 4. Description of services
4.1 The platform offers the following services:
- Free Patentability Check: an AI-assisted preliminary assessment of the potential patentability of the Client’s invention, available without charge and without obligation;
- AI-assisted invention intake: an AI-powered chat interface that helps the Client describe and structure the Invention Disclosure;
- Professional Services: paid patent drafting, filing, prosecution, and related professional services performed by ptntpwr’s qualified patent attorneys.
4.2 Free Patentability Check. The Patentability Check uses artificial intelligence to provide a preliminary, indicative assessment of whether the Client’s invention may be patentable. The Client submits an Invention Disclosure through the platform and the system generates an automated analysis. The Patentability Check is informational only and provided “as is”. It does not constitute formal legal advice, a prior art search, a freedom-to-operate assessment, or a guarantee or representation that a patent will be granted. The Patentability Check is based solely on the information provided by the Client and the capabilities of the AI system at the time of use. It may not identify all relevant prior art. The Client should not make business decisions based solely on the outcome of the Patentability Check without obtaining professional advice.
4.3 AI-assisted invention intake. The platform provides an AI-powered chat interface to guide the Client through the process of describing the invention. The chat may ask clarifying questions, suggest how to structure the disclosure, and generate summaries or draft descriptions. This AI-assisted intake is designed to help ptntpwr’s patent attorneys understand the Client’s invention more efficiently. It does not replace direct communication with a patent attorney during the Professional Services phase.
4.4 Professional Services. Where the Client wishes to proceed with patent drafting and filing, ptntpwr will provide a quotation or Engagement Letter or reference to the website setting out the scope of work, fees, timeline, and specific terms. Professional Services are performed by qualified patent attorneys and may include, depending on the engagement: review and refinement of the Invention Disclosure; prior art analysis; drafting of patent claims and a patent application (description, claims, abstract, drawings); filing with the relevant patent office(s) (EPO, national offices, PCT); handling of formalities and official communications; and such other services as agreed in the Engagement Letter.
4.5 Availability. ptntpwr will use commercially reasonable efforts to keep the platform available, but does not guarantee uninterrupted or error-free operation. The platform may be temporarily unavailable for maintenance, updates, or due to circumstances beyond ptntpwr’s control. ptntpwr reserves the right to modify, suspend, or discontinue any feature of the platform (including the free Patentability Check) at any time, with or without notice.
Article 5. AI features
5.1 How AI is used. The platform integrates artificial intelligence technology (specifically, large language models) to support patent-related services. When the Client interacts with the AI Features, the text, files, and images submitted through the AI-assisted chat or intake forms are transmitted to a third-party AI infrastructure provider for processing. This transmission is necessary to generate AI-assisted responses and is governed by data processing agreements that include appropriate confidentiality, security, and data protection safeguards. The AI may analyse the Invention Disclosure, generate text, suggest claim structures, identify potential prior art categories, produce summaries, and generate preliminary assessments. This output is generated by a machine learning model, not by a human.
5.2 No AI training on Client data. The Client’s Invention Disclosures and chat interactions are not used to train, fine-tune, or improve the AI models. Processing is limited to generating a response to the Client’s specific input.
5.3 Limitations of AI output. AI is a tool, not a patent attorney. AI-generated output is preliminary and indicative only. It may contain factual errors or inaccuracies; fabricated references to non-existent prior art (“hallucinations”); omissions of relevant technical features or prior art; legally imprecise or incorrect claim language; or incomplete or misleading assessments of patentability. The Client must not treat AI-generated output as legal advice, as a substitute for professional patent attorney review, or as a reliable basis for business decisions. All AI outputs used in connection with Professional Services are reviewed and validated by a qualified patent attorney before being relied upon or filed.
5.4 Client responsibility. The Client is responsible for reviewing any AI-generated output for accuracy and completeness. If the Client identifies any errors or has concerns about the output, the Client should raise them with ptntpwr before proceeding.
Article 6. Performance and scope of order
6.1 Written mandate. Any mandate given by the Client to ptntpwr for Professional Services shall be confirmed in writing (including by email or through the platform). It will specify the name and the capacity of the Client and the subject matter of the engagement.
6.2 Acceptance. An order can be considered accepted upon written confirmation by ptntpwr, or after ptntpwr has initiated work on said order. An order to file a patent application or to take over representation or perform other work implies an order to report on the developments regarding the order and — if necessary without consultation — to do all that is required to maintain the rights applied for or obtained. However, non-performance by ptntpwr of work it has not been explicitly instructed to do can never give rise to any liability.
6.3 Timely information. The Client shall provide ptntpwr in a timely manner with all information and instructions necessary for the handling of an order. If through a lack of information or instructions from the Client non-observance of a time limit is imminent, ptntpwr shall, if possible, request an extension of such time limit. For such work, fees and disbursements shall be charged to the Client in accordance with Article 10.
6.4 Cooperation during Professional Services. Where the Client engages Professional Services, the Client agrees to: provide timely and complete responses to requests for information or clarification; review draft documents within the timeframes agreed or, where no timeframe is agreed, within a reasonable period; inform ptntpwr promptly of any changes to the invention, the inventor team, or the ownership of the invention; inform ptntpwr of any pending deadlines, prior disclosures, or grace period considerations that may affect the filing strategy; and provide all information and cooperation reasonably necessary for ptntpwr to perform the services.
6.5 Prior public disclosure. The Client acknowledges that public disclosure of an invention before the filing of a patent application may destroy novelty under most patent laws. ptntpwr is not responsible for assessing whether the Client has previously disclosed the invention publicly, unless the Client provides complete and accurate information about any such disclosures and ptntpwr has expressly agreed to advise on grace period or prior disclosure issues.
6.6 Conflict of interest. If in the course of executing an order it appears that upon continuation of such execution an essential conflict of interest may arise with a previous order of another Client, ptntpwr is entitled to terminate its work on the first-mentioned order.
6.7 Third parties. In carrying out an order, ptntpwr is entitled to engage third parties. In the selection of such third parties ptntpwr observes due care and attention.
6.8 Duty of means. ptntpwr shall use all reasonable means necessary but does not guarantee the result. Professional Services are subject to a duty of means (middelenverbintenis), not a duty of result (resultaatsverbintenis). ptntpwr will exercise reasonable professional care and skill, but cannot and does not guarantee any particular outcome, including the grant of a patent. Liability is restricted to the cases and amounts as provided in Article 8.
6.9 Correspondence. Correspondence received by ptntpwr in respect of cases for the renewal or maintenance of which ptntpwr is not responsible shall upon request be forwarded to the Client. For such work, fees and disbursements shall be charged to the Client in accordance with Article 10.
Article 7. Client obligations
7.1 Accuracy. The Client is responsible for the accuracy and completeness of all information submitted through the platform, including Invention Disclosures, inventor details, and supporting documentation. Incomplete, inaccurate, or misleading information may materially affect the quality and scope of any Patentability Check, patent application, or other deliverable.
7.2 Right to disclose. By submitting an Invention Disclosure, the Client represents and warrants that: (a) the Client has the legal right to disclose the invention, whether as the inventor, the inventor’s employer or assignee, or an authorised representative; (b) the disclosure does not breach any confidentiality obligation, employment agreement, consultancy agreement, or other contractual restriction; (c) the disclosure does not infringe any third party’s intellectual property rights; (d) all inventors are correctly and completely identified; and (e) the Client has obtained any necessary consents from co-inventors or rights holders before submitting the disclosure.
7.3 Account security. The Client is solely responsible for maintaining the confidentiality of Account credentials. The Client must not share credentials with any third party. The Client is responsible for all activity that occurs under the Account. The Client must notify ptntpwr immediately at info@ptntpwr.com if the Client becomes aware of any unauthorised use of the Account.
7.4 Acceptable use. The Client agrees not to use the platform: (a) for any purpose that is unlawful under Belgian, European Union, or other applicable law; (b) to submit content that is fraudulent, defamatory, obscene, or that infringes any third party’s rights; (c) to submit Invention Disclosures relating to inventions that the Client knows or suspects to be derived from misappropriated trade secrets or confidential information; (d) to attempt to reverse engineer, decompile, disassemble, or extract the source code of any part of the platform or the AI Features; (e) to probe, scan, or test the vulnerability of the platform or any connected system; (f) to interfere with or impose an unreasonable burden on the platform or its infrastructure; (g) to use automated means (bots, scrapers, crawlers) to access the platform without ptntpwr’s prior written consent; or (h) to use the AI Features for purposes unrelated to the ptntpwr services.
7.5 Duty to mitigate. The Client undertakes to take all reasonable measures to prevent or limit damage as soon as the Client knows or should reasonably have known of the risk of damage. If the Client fails to comply with this duty to mitigate, ptntpwr’s liability shall be reduced by the amount of damage that could reasonably have been avoided.
Article 8. Exclusion and limitation of liability
8.1 General rule and exceptions. ptntpwr shall only be liable for damage that is the direct result of a proven failure in the performance of the agreement. No exclusion or limitation in this Article shall apply: (i) in the event of willful misconduct (opzettelijke fout); (ii) in the event of gross negligence (zware fout) by ptntpwr or its appointees or auxiliaries; or (iii) for damage to life or bodily integrity for which ptntpwr is legally liable.
8.2 Liability cap. Except for the exceptions listed in Article 8.1, ptntpwr’s total contractual and non-contractual liability, on any grounds whatsoever, is limited to the lower of: (a) the amount actually paid out under ptntpwr’s professional or liability insurance, plus any applicable deductible; or (b) EUR 100,000 (one hundred thousand euros) per incident and in total per calendar year.
8.3 Exclusion of indirect damages. Under no circumstances shall ptntpwr be liable for consequential, indirect, or non-material damages, including but not limited to loss of profits, loss of revenue, loss of clientele, reputational damage, loss of data, loss of business opportunity, or business interruption, unless such damage arises from a situation referred to in Article 8.1.
8.4 Free services. The free Patentability Check and AI-assisted intake are provided “as is” and “as available”, without any warranty of any kind, whether express, implied, or statutory. To the maximum extent permitted by Belgian law, ptntpwr excludes all liability for any loss, damage, or adverse consequence arising from or in connection with the use of or reliance on the free Patentability Check or any AI-generated output obtained through the free services, including but not limited to: loss of opportunity or loss of profit; any decision to file or not to file a patent application; any failure to identify relevant prior art; and any inaccuracies, errors, or omissions in AI-generated output.
8.5 No guarantee of patentability or grant. Neither the Patentability Check nor any Professional Service guarantees that a patent will be granted, that a granted patent will be valid, or that a patent will provide commercially meaningful protection. Patentability depends on factors outside ptntpwr’s control, including the full scope of prior art, the assessment of the relevant patent office examiner, and the interpretation and application of patent law by the relevant authority.
8.6 Auxiliaries and third parties. ptntpwr may engage third parties or auxiliaries in the performance of the agreement. ptntpwr shall remain liable for their errors as if they were its own, unless it demonstrates that it selected and instructed such third parties with due care. For auxiliaries or third parties designated or expressly approved by the Client, the Client bears sole liability.
8.7 Notice and forfeiture period. The Client undertakes to notify ptntpwr in writing of any damage claim as soon as possible and in any event no later than two (2) years after the event giving rise to the claim, failing which the claim shall be forfeited. This period shall not apply to the cases referred to in Article 8.1.
8.8 Insurance.ptntpwr maintains a professional liability insurance policy that covers the activities to which these Terms and Conditions relate and shall provide a certificate of insurance upon the Client’s first written request.
8.9 Email communication. Communication by email shall be deemed to have reached the Client once it has arrived at the mailbox of the recipient’s server, provided the sender has not received a delivery failure notice. The sender shall exercise reasonable care in addressing and sending such communications.
8.10 Consumer protection. Nothing in these Terms and Conditions shall affect the mandatory rights of Consumers under Belgian law, including the provisions of Book VI of the Belgian Code of Economic Law. Where any provision of these Terms and Conditions conflicts with mandatory consumer protection rules, the mandatory rules prevail.
Article 9. Intellectual property
9.1 Client’s invention. The Client retains all intellectual property rights in the invention. Submitting an Invention Disclosure to ptntpwr does not transfer any ownership of, or licence in, the Client’s invention to ptntpwr, except for the limited licence described in Article 9.2.
9.2 Limited license to ptntpwr. By submitting an Invention Disclosure, the Client grants ptntpwr a non-exclusive, non-transferable, revocable license to use, reproduce, and process the Invention Disclosure solely for the purpose of: (a) providing the Patentability Check and AI-assisted intake; (b) performing the Professional Services engaged by the Client; and (c) transmitting the disclosure to ptntpwr’s AI service provider under appropriate data processing and confidentiality agreements. This license terminates upon completion of the relevant services or upon deletion of the Client’s Account (subject to retention obligations as set out in the Privacy Policy), whichever is later.
9.3 Deliverables. Where ptntpwr produces deliverables in the course of Professional Services (such as patent applications, claims, descriptions, or drawings), the intellectual property rights in those deliverables are assigned to the Client upon full payment of all applicable fees and costs, unless otherwise agreed in the Engagement Letter. Until full payment, ptntpwr retains ownership of the deliverables.
9.4 Platform intellectual property. The ptntpwr name, logo, and brand identity are trademarks. The platform’s design, software, underlying technology, AI integration, text, graphics, user interface, and all other content are protected by copyright, trademark, database rights, and other intellectual property laws. The Client may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any part of the platform without ptntpwr’s prior written consent.
9.5 Copyright on advice and documents. Any advice, contract, argumentation, and other written documents issued by ptntpwr are protected by copyright and may not be disclosed or reproduced unless express prior written approval from ptntpwr has been obtained.
9.6 Feedback. If the Client provides feedback, suggestions, or ideas for improvement of the platform, the Client grants ptntpwr a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, modify, and incorporate such feedback into the platform without obligation to the Client. Feedback does not include Invention Disclosures, which remain subject to Article 9.1.
Article 10. Costs, payments and invoices
10.1 Free services. The Patentability Check and the AI-assisted invention intake are provided free of charge. ptntpwr reserves the right to introduce fees for currently free features, in which case ptntpwr will notify Clients in advance and obtain their consent before charging.
10.2 Retainer. ptntpwr may at any time require the Client to pay a retainer. ptntpwr is then entitled not to start or continue any work before the retainer has been paid by the Client. Any possible damage due to such non-commencement or discontinuation of work shall be fully borne by the Client.
10.3 Fee structure. Unless agreed otherwise, the Client shall be charged a fee based on hourly rates or fixed fees as previously determined by ptntpwr and communicated to the Client in an Engagement Letter or quotation or on the website. All fees are stated exclusive of VAT unless expressly stated otherwise. All costs (such as official fees, patent office filing fees, claims fees, search fees, designation fees, translation costs, annuities, court registry fees, invoices from foreign associates, legalisation costs) in connection with the execution of an order shall be charged to the Client. ptntpwr will inform the Client of anticipated third-party costs before they are incurred, where reasonably possible.
10.4 Payment. All invoices of ptntpwr are payable immediately or within 30 days of the invoice date, unless otherwise agreed. Payment shall be made by bank transfer to the account specified on the invoice. All amounts are denominated in euros (€).
10.5 Late payment — professional and business Clients. After the expiry of 30 days from the date of the uncontested unpaid invoice, the Client is in default and an interest rate and recovery costs will be applied in jure and without prior notice as stipulated in the Belgian Act of 2 August 2002 on combating late payment in commercial transactions (Wet betreffende de bestrijding van de betalingsachterstand bij handelstransacties). Moreover, ptntpwr will then be entitled, by right of penalty clause, to increase the unpaid amount with an indemnification of 10% of that unpaid amount, notwithstanding its right to claim full compensation for all damage suffered.
10.6 Late payment — Consumers. For Consumers, interest shall accrue at the Belgian legal interest rate (wettelijke rentevoet), following a formal written notice of default (ingebrekestelling) granting a reasonable cure period of at least 14 days.
10.7 Contestation. Contestations of invoiced amounts will only be considered if they are received by ptntpwr through registered mail within 14 days from the invoice date. After that period the invoice is deemed to be accepted by the Client.
10.8 Suspension of services. In case of non-payment of the invoice within the above-mentioned period, ptntpwr will have the right to interrupt or cease all activities, services, and work for the Client or interested third party without prior notice. All possible damages as a consequence thereof will be at the responsibility and for account of the Client or interested third party. ptntpwr shall not be liable for any loss, delay, or adverse outcome resulting from such suspension, including the loss of any rights or the expiry of any deadlines.
10.9 Right of retention. ptntpwr is entitled to retain the files of the Client and all correspondence relating to the files of the Client until the Client has fulfilled its payment obligations towards ptntpwr.
10.10 Joint liability. If in accordance with Article 1.3 multiple natural or legal persons can be considered as Client, they are jointly and severally liable for payment of all sums due to ptntpwr.
10.11 Taxes. All fees are stated exclusive of VAT unless expressly stated otherwise. The Client is responsible for any applicable VAT or other taxes.
Article 11. Confidentiality
11.1 ptntpwr’s obligations. ptntpwr treats all Invention Disclosures and related information submitted through the platform as strictly confidential. ptntpwr applies at least the same standard of care to Client information as it applies to all client matters handled by the firm, consistent with its professional obligations as a European Patent Attorney practice.
11.2 Permitted disclosures. ptntpwr may disclose the Client’s confidential information only: (a) to ptntpwr’s employees, contractors, and agents who need to access it to provide the services, provided they are bound by confidentiality obligations at least as protective as those in these Terms and Conditions; (b) to ptntpwr’s AI service provider(s), under data processing agreements that include appropriate confidentiality, security, and data protection safeguards (see Article 5); (c) to patent offices and other authorities, to the extent required for the filing and prosecution of a patent application on the Client’s behalf; (d) to the extent required by law, regulation, professional rule, or order of a competent court or regulatory authority; and (e) with the Client’s prior written consent.
11.3 Exclusions. Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no act or omission of ptntpwr; (b) was already in ptntpwr’s possession without restriction prior to the Client’s disclosure, as evidenced by written records; (c) is independently developed by ptntpwr without reference to the Client’s confidential information; or (d) is received from a third party who is not subject to a confidentiality obligation with respect to that information.
11.4 Survival. ptntpwr’s confidentiality obligations under this Article survive termination of these Terms and Conditions and the deletion of the Client’s Account, and continue for as long as the information remains confidential and is not subject to an exclusion under Article 11.3.
Article 12. Right of withdrawal (Consumers only)
12.1 Statutory right. If the Client is a Consumer and engages Professional Services at a distance (i.e. without simultaneous physical presence of the parties), the Client has a statutory right of withdrawal of 14 calendar days from the date of the conclusion of the service contract, in accordance with Article VI.47 of the Belgian Code of Economic Law.
12.2 Exercise. To exercise the right of withdrawal, the Client must notify ptntpwr by an unequivocal statement (for example, by email to info@ptntpwr.com) before the expiry of the 14-day withdrawal period.
12.3 Consequences. If the Client withdraws within the withdrawal period, ptntpwr will reimburse all payments received without undue delay and in any event within 14 days of the date on which ptntpwr was informed of the withdrawal, using the same means of payment used for the initial transaction. If the Client requested that the performance of Professional Services begin during the withdrawal period and ptntpwr has already commenced work, the Client may be required to pay an amount proportional to what was provided up to the point of withdrawal, in accordance with Article VI.51, §3 of the Belgian Code of Economic Law.
12.4 Exception. In accordance with Article VI.53, 1° of the Belgian Code of Economic Law, the right of withdrawal does not apply where the Professional Services have been fully performed with the Consumer’s prior express consent, and the Consumer has acknowledged that he or she will lose the right of withdrawal once the services have been fully performed.
12.5 Free services. The right of withdrawal does not apply to the free Patentability Check or AI-assisted intake, as no payment is involved.
Article 13. Indemnification
13.1 The Client agrees to indemnify, defend, and hold harmless ptntpwr and its partners, employees, agents, and contractors from and against any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (a) the Client’s breach of these Terms and Conditions; (b) the Client’s submission of an Invention Disclosure that infringes any third party’s intellectual property rights or breaches any confidentiality obligation; (c) the Client’s use of the platform in violation of applicable law; or (d) any misrepresentation by the Client regarding the right to disclose an invention or the Client’s authority to act on behalf of a legal entity.
13.2 This indemnification obligation does not apply to Consumers to the extent that it would conflict with mandatory consumer protection rules under Belgian law.
Article 14. Data protection
14.1 ptntpwr processes personal data in accordance with its Privacy Policy, which forms an integral part of these Terms and Conditions. The Privacy Policy explains what personal data is collected, the purposes and legal bases for processing, the use of AI in processing, the Client’s rights under the GDPR, and how to exercise them.
Article 15. Force majeure
15.1 Without prejudice to its other rights, ptntpwr is entitled in case of force majeure to suspend the performance of an order, or to dissolve the contract without judicial intervention, without ptntpwr being liable to pay any damages. Force majeure includes but is not limited to natural disasters, pandemics, epidemics, government actions or restrictions, armed conflict, terrorism, strikes or labour disputes, failure or interruption of telecommunications or internet services, cyberattacks, and failure or unavailability of third-party AI infrastructure providers.
15.2 If a force majeure event continues for more than 60 days, either party may terminate the affected services by written notice to the other party.
Article 16. Dissolution and right of retention
16.1 Dissolution for breach. ptntpwr is entitled to dissolve the contract with the Client out of court, in writing, if the Client after eight days’ written notice fails to fulfil its obligations, without affecting the right of ptntpwr to claim compensation.
16.2 Immediate dissolution. ptntpwr is entitled, without any warning or notice of default being required, to dissolve the contract with the Client out of court, in writing, if: (a) the Client is granted a (provisional) moratorium on payments; (b) the Client’s involuntary liquidation has been petitioned for or has been ordered; (c) the Client’s company is wound up; (d) the Client ceases its current enterprise; (e) a substantial part of the Client’s assets has been attached; (f) in case of death; or (g) the Client must in any other way be deemed incapable of fulfilling its obligations in respect of ptntpwr.
16.3 Right of retention. ptntpwr is entitled to retain the files of the Client and all correspondence relating to the files of the Client until the Client has fulfilled its payment obligations towards ptntpwr.
Article 17. Term and termination
17.1 Term. These Terms and Conditions apply from the moment the Client first accesses or uses the platform and continue to apply for as long as the Client uses the platform or maintains an Account.
17.2 Termination by the Client. The Client may stop using the platform and request deletion of the Account at any time by contacting ptntpwr at info@ptntpwr.com. Termination of the Account does not affect any ongoing Professional Services engagement, which continues to be governed by the applicable Engagement Letter until properly concluded or terminated in accordance with its terms.
17.3 Termination by ptntpwr. ptntpwr may terminate the Client’s access to the platform and delete the Account: (a) immediately, if the Client commits a material breach of these Terms and Conditions; (b) upon 30 days’ written notice, for any reason or no reason; or (c) immediately, if required by law or regulation. This is without prejudice to ptntpwr’s rights under Article 16.
17.4 Suspension. ptntpwr reserves the right to suspend the Client’s access to the platform if the Client breaches these Terms and Conditions, if the Account shows no activity for a continuous period of 24 months, or if ptntpwr has reasonable grounds to suspect unauthorised use. Where reasonably possible, ptntpwr will notify the Client before taking such action.
17.5 Effect of termination. Upon termination: (a) the Client’s right to access and use the platform ceases; (b) ptntpwr will retain the Client’s data in accordance with the retention periods set out in the Privacy Policy; (c) any outstanding fees remain due and payable; and (d) the following provisions survive termination: Article 2 (Definitions), Article 8 (Exclusion and Limitation of Liability), Article 9 (Intellectual Property), Article 10 (Costs, Payments and Invoices, to the extent of outstanding amounts), Article 11 (Confidentiality), Article 13 (Indemnification), Article 14 (Data Protection), Article 19 (Governing Law and Jurisdiction), and any other provision that by its nature is intended to survive.
Article 18. Modification of these Terms and Conditions
18.1 Right to modify. ptntpwr reserves the right to modify these Terms and Conditions at any time. The most current version will be published on the platform with the “last updated” date.
18.2 Notice. Where ptntpwr makes material changes, ptntpwr will notify registered Clients by email at least 30 days before the changes take effect.
18.3 Acceptance. Continued use of the platform after the effective date of the revised Terms and Conditions constitutes acceptance of the changes. If the Client does not agree, the Client must stop using the platform and may request deletion of the Account.
Article 19. Governing law and jurisdiction
19.1 The legal relationship between the Client and ptntpwr is governed exclusively by Belgian law, without regard to its conflict of laws rules.
19.2 All disputes between the Client and ptntpwr shall be submitted exclusively to the competent courts of Gent (Ghent), Belgium. This choice of jurisdiction does not affect the mandatory jurisdiction rules applicable to Consumers under Regulation (EU) 1215/2012 (Brussels I bis Regulation), which may entitle a Consumer to bring proceedings in the courts of the Member State in which the Consumer is domiciled.
19.3 If the Client is a Consumer, the Client may also make use of the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
Article 20. Notices and communication
20.1 Unless otherwise specified in these Terms and Conditions or the Engagement Letter, all notices and communications shall be in writing and sent by email:
- To ptntpwr: info@ptntpwr.com
- To the Client: at the email address associated with the Client’s Account.
20.2 Notices are deemed received on the business day following transmission by email, unless the sender receives a non-delivery notification. This is without prejudice to Article 8.9.
Article 21. Miscellaneous
21.1 Severability. The whole or partial invalidity of one or more of the provisions of these Terms and Conditions does not entail the invalidity of the Terms and Conditions as a whole. An invalid provision will, if necessary, be replaced by a provision the consequences of which most closely resemble the consequences of the invalid provision.
21.2 No waiver. The failure of ptntpwr to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by ptntpwr to be effective.
21.3 Assignment. The Client may not assign or transfer rights or obligations under these Terms and Conditions without ptntpwr’s prior written consent. ptntpwr may assign its rights and obligations to an affiliate or successor in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of its assets, provided that the assignee assumes ptntpwr’s obligations under these Terms and Conditions.
21.4 Entire agreement. These Terms and Conditions, together with the Privacy Policy, Cookie Policy, and any applicable Engagement Letter, constitute the entire agreement between the Client and ptntpwr regarding the use of the platform and supersede all prior or contemporaneous communications relating to the subject matter hereof.
21.5 Language. These Terms and Conditions are drafted in English. In case of any discrepancy between the English and any other language version of these Terms and Conditions, the English text shall be binding.
21.6 Third-party services. The platform may contain links to or integrations with third-party websites or services, including AI service providers, payment processors, and patent office portals. ptntpwr is not responsible for the content, functionality, privacy practices, or availability of any third-party service.
Article 22. Contact
22.1 For any questions about these Terms and Conditions:
ptntpwr
Pauline Van Pottelsberghelaan 24, 9051 Gent, Belgium
KBO/BCE: BE 0829.197.174
Email: info@ptntpwr.com