0. IntroductionThese Terms of Use (the "Terms") govern access to and use of the LEXUP software service. The Service is operated by BRENDPOL Ltd, registered address: 36 Preslav Street, Office 7, Varna, Republic of Bulgaria, Unified Identification Code (UIC/EIK): 201261446 ("BRENDPOL", "LEXUP", "we", "us" or "our").
By creating an account, selecting the relevant checkbox and clicking the registration button, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not register for or use the Service.
If you accept these Terms on behalf of a legal entity, you confirm that you are authorised to bind that entity. In that case, references to the User include that legal entity.
1. DefinitionsWebsite means the websites available at
https://www.lexup.pro and the registration and personal account pages at
https://cabinet.lexup.pro/registration.
Service means the LEXUP computer software made available remotely over the Internet under the SaaS model. The Service is designed to support monitoring, analysis and identification of potential infringements of trade marks and other intellectual property rights, and automated claim management.
Personal Account means the restricted area of the Service available after registration using the User's authentication credentials.
Account means the User's individual account used to access the Personal Account.
Tariff Plan means the applicable package of functionality, usage limits, subscription period and price published on the Website or shown in the Personal Account.
Billing Period means one month starting on the date payment is received and ending on the day preceding the corresponding date of the following month.
User means an individual, sole trader, legal entity or authorised representative who registers for or uses the Service.
Subscription means the paid right to use the Service under the selected Tariff Plan for the relevant Billing Period.
2. Formation of the Agreement2.1 These Terms become binding when the User completes registration by selecting the relevant checkbox and clicking the registration button.
2.2 The date of the contract is the date of registration. The paid right to use the Service begins when payment for the selected Tariff Plan is received.
2.3 Registration confirms that the information submitted by the User is accurate and that the User has legal capacity and authority to enter into these Terms.
2.4 The Service is intended for persons aged 18 or over. By registering, the User confirms that they have reached the age of majority applicable in their place of residence.
3. Licence and Access to the Service3.1 BRENDPOL grants the User, for the duration of an active Subscription, a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Service remotely through the Internet in accordance with the selected Tariff Plan and these Terms.
3.2 The Service is provided under the SaaS model. No copy of the software is transferred to the User, and no ownership rights in the Service are assigned.
3.3 The functionality available to the User is limited to the functionality included in the selected Tariff Plan.
3.4 The Service is provided in the form and with the functionality available at the time of use, subject to updates and changes made in accordance with these Terms.
3.5 The territory of use is worldwide, subject to applicable law, sanctions and technical availability.
4. Automated Claim Management4.1 The Service allows the User to configure monitoring for potential infringements of intellectual property rights and to use automated claim-management functionality available under the selected Tariff Plan.
4.2 The Service may provide templates, technical tools and automated functionality for preparing and sending letters, notices or claims in the User's name.
4.3 The User independently determines whether a communication should be sent and is solely responsible for its content, recipients, timing, legal basis, accuracy and consequences.
4.4 BRENDPOL does not provide legal advice, does not represent the User in legal proceedings and does not guarantee that any infringement will be identified, stopped or remedied, or that any claim will be accepted or satisfied.
4.5 The User must independently verify that they have the relevant intellectual property rights, authority and lawful grounds before using the Service to contact any third party.
5. Registration and Account Security5.1 The User must provide accurate registration information and keep it up to date.
5.2 The User is responsible for maintaining the confidentiality and security of authentication credentials and for all activities carried out through the Account.
5.3 The User must promptly notify BRENDPOL at
info@lexup.pro of suspected unauthorised access or compromise of the Account.
5.4 Account credentials may not be shared with third parties unless the selected Tariff Plan expressly permits multiple authorised users.
5.5 BRENDPOL may reject registration, require verification or suspend access where reasonably necessary to protect the Service, other users or third parties.
6. Acceptable Use and Restrictions6.1 The User may use the Service only for lawful purposes and in accordance with these Terms.
6.2. Prohibited:
• copy, reproduce, distribute, sell, resell, sublicense or commercially exploit the Service except as expressly permitted;
• reverse engineer, decompile, disassemble or attempt to derive source code;
• modify, translate or create derivative works based on the Service;
• circumvent or interfere with security, authentication, technical restrictions or usage limits;
• gain unauthorised access to the Service, other accounts, systems or networks;
• use the Service to infringe intellectual property, privacy, data protection or other rights of any person;
• send unlawful, misleading, abusive, threatening, defamatory or unsolicited communications;
• introduce malicious code, overload the Service or otherwise impair its operation.
6.3. The User is responsible for ensuring that its use of the Service and all information entered into or generated through the Service comply with applicable law.
7. Operation, Changes and Suspension7.1 BRENDPOL may develop, update, modify or replace features of the Service and may change the functionality and price of Tariff Plans.
7.2 BRENDPOL may temporarily suspend the Service for maintenance, security, updates, emergency work or circumstances beyond its reasonable control.
7.3 BRENDPOL will use reasonable efforts to maintain availability of the Service but does not guarantee uninterrupted or error-free operation.
7.4 BRENDPOL may suspend or terminate access if the User breaches these Terms or applicable law, fails to pay, misuses the Service, creates security risks or engages in suspected fraudulent activity.
7.5 Where reasonably practicable, BRENDPOL may notify the User of planned maintenance or suspension, but no prior notice is required where immediate action is necessary.
8. Tariffs, Payment and Taxes8.1 Prices and Tariff Plans are published on the Website or displayed in the Personal Account. All amounts are stated in euros (EUR).
8.2 The Subscription is paid in full in advance for each Billing Period. Access for a new Billing Period is provided only after the User makes a new payment. The Subscription does not renew automatically.
8.3 Payment is considered completed when the funds are credited to BRENDPOL or the payment provider confirms successful payment.
8.4 Payments may be processed by third-party payment providers, including Stripe and ЮKassa (YooKassa). Their own terms and privacy notices may apply.
8.5 Prices are stated exclusive of VAT, where applicable. If VAT or any other applicable tax becomes chargeable under applicable law, it may be added to the price or included in the price of the relevant Tariff Plan, as indicated on the Website or in the Personal Account.
8.6 Except where mandatory consumer law provides otherwise, payments are non-refundable and are not recalculated based on actual use, early termination, suspension for breach or a change of Tariff Plan.
8.7 If the User is a consumer and mandatory law grants a right of withdrawal or refund that cannot validly be excluded, those mandatory rights apply. Where legally permitted, by requesting immediate access to digital content or a digital service before expiry of the withdrawal period, the User expressly requests immediate performance and acknowledges that the statutory right of withdrawal may be lost once performance has begun.
9. Term and Termination9.1 A Subscription continues for the paid Billing Period and expires automatically at the end of that period unless the User pays for the licence for the next Billing Period.
9.2 The User may stop using the Service at any time. Early termination does not entitle the User to a refund except where required by mandatory law.
9.3 BRENDPOL may terminate these Terms or access to the Service where the User materially breaches these Terms, fails to pay, uses the Service unlawfully or creates a material risk to the Service or third parties.
9.4 Upon expiration or termination of the Subscription, the User's right to use the Service shall cease. BRENDPOL may deactivate the Account and delete or anonymise User data in accordance with the Privacy Notice, applicable data retention requirements and technical procedures.
9.5 Provisions concerning intellectual property, payment obligations, disclaimers, liability, governing law and any provisions intended by their nature to survive will remain effective after termination.
10. Intellectual Property and User Materials10.1 The LEXUP software, including its source code, software architecture and other intellectual property embodied in the Service, is owned by its respective intellectual property owner(s). BRENDPOL provides the Service and grants Users the rights expressly described in these Terms under the licence and other rights granted to BRENDPOL. Any templates, documentation and other materials made available by BRENDPOL as part of the Service belong to BRENDPOL or its licensors.
10.2 Except for the limited right of use expressly granted under these Terms, no intellectual property rights are transferred to the User.
10.3 Materials, information and content entered by the User remain under the User's control and responsibility. The User grants BRENDPOL a limited right to process such materials only to the extent necessary to operate, secure and provide the Service and comply with law.
10.4 Templates and standard materials made available within the Service may be used by the User only as part of the Service and for the User's own lawful purposes, unless otherwise stated.
10.5 The User is not permitted to remove copyright notices or to use the trademarks, trade names or other designations of BRENDPOL or LEXUP without prior written permission.
11. Data Protection11.1 BRENDPOL processes personal data in accordance with the Privacy Notice, Cookie Policy and applicable data protection law.
11.2 Personal data necessary to register, provide and use the Service, process payments, administer the Account and communicate with the User is processed on the legal bases described in the Privacy Notice.
11.3 Marketing communications and non-essential cookies are subject to the User's choices and consent where required by law.
11.4 The User must not upload or submit special categories of personal data, criminal-offence data or other highly sensitive data unless BRENDPOL has expressly agreed in writing and appropriate legal and security measures are in place.
12. Disclaimers12.1 The Service is provided on an "as is" and "as available" basis to the maximum extent permitted by applicable law.
12.2 BRENDPOL does not warrant that the Service will be uninterrupted, error-free, fully secure or suitable for every specific purpose, or that all potential infringements will be detected.
12.3 Results, monitoring outputs, templates and automated communications produced through the Service are tools for the User's independent assessment and do not constitute legal advice or a legal opinion.
12.4 The User is solely responsible for decisions made and actions taken based on information obtained through the Service.
12.5 Nothing in these Terms excludes warranties, remedies or rights that cannot lawfully be excluded under mandatory law.
13. Limitation of Liability13.1 To the maximum extent permitted by applicable law, BRENDPOL is not liable for indirect, incidental, consequential, special or punitive loss, loss of profit, business, revenue, opportunity, goodwill or data arising out of or relating to the Service.
13.2 BRENDPOL is not responsible for failures caused by internet connectivity, third-party services, payment providers, hosting providers, force majeure, unlawful actions of users or circumstances outside its reasonable control.
13.3 To the maximum extent permitted by applicable law, BRENDPOL's aggregate liability arising out of or relating to these Terms or the Service shall not exceed the total amount actually paid by the User to BRENDPOL for the Billing Period during which the event giving rise to the liability occurred.
13.4 The limitations in this section do not apply to liability that cannot be limited or excluded under applicable law, including liability for fraud, wilful misconduct, death or personal injury caused by negligence, or mandatory consumer rights.
13.5 For consumers, the limitations apply only to the extent permitted by the mandatory law applicable to the consumer.
14. Third-Party Services14.1 The Service may contain links to or interact with services provided by third parties. Those services are governed by the third party's own terms and policies.
14.2 BRENDPOL does not control and is not responsible for third-party services, their availability, security, content, acts or omissions.
14.3 Changes to or discontinuation of a third-party service may affect certain functions of the Service without giving rise to liability or a right to refund, except where mandatory law provides otherwise.
15. Communications and Notices15.1 BRENDPOL may send operational, legal, billing, security and service-related notices to the email address associated with the Account or through the Personal Account.
15.2 The User must keep the contact details associated with the Account current.
15.3 Notices to BRENDPOL may be sent to
info@lexup.pro or to the registered address stated in these Terms.
15.4 Marketing communications are governed separately by the Marketing Consent and may be withdrawn at any time.
16. Governing Law and Disputes16.1 These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the Republic of Bulgaria, without regard to conflict-of-law principles.
16.2 The parties will first attempt in good faith to resolve any dispute through written negotiations. A party may send a notice describing the dispute and the requested remedy. The parties should allow 30 days for an amicable resolution before commencing proceedings, unless urgent interim relief is required.
16.3 Subject to mandatory consumer-protection rules, the courts of the Republic of Bulgaria have exclusive jurisdiction over disputes arising out of or in connection with these Terms.
16.4 If the User is a consumer, nothing in these Terms deprives the User of the protection of mandatory provisions of the law of the country in which the User habitually resides or of any right to bring proceedings before a court available under mandatory consumer law.
17. Changes to these Terms17.1 BRENDPOL reserves the right to amend these Terms from time to time. The updated version shall come into force on the date specified therein or upon publication within the Service, including through the User's Personal Account, unless otherwise required by applicable law.
17.2 Where changes materially affect the User's rights or obligations, BRENDPOL will provide reasonable notice by email, through the Personal Account or on the Website before the changes take effect, where required by law.
17.3 By purchasing a Subscription after the effective date of the updated Terms, the User confirms that they have read and accepted the then-current version of these Terms.
18. General Provisions18.1 If any provision of these Terms is found invalid or unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in effect.
18.2 Failure to enforce any provision is not a waiver of that provision or any other right.
18.3 The User may not assign or transfer the Account or rights under these Terms without BRENDPOL's prior written consent. BRENDPOL may transfer these Terms in connection with a merger, reorganisation, sale of business or assets, or to an affiliate or successor.
18.4 Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations already due.
18.5 These Terms, together with the applicable Tariff Plan, Privacy Notice, Cookie Policy and any consent or additional terms expressly incorporated by reference, constitute the entire agreement concerning the Service.
18.6 The parties are independent contractors. These Terms do not create a partnership, agency, employment or joint venture relationship.
19. Company DetailsBRENDPOL Ltd
Registered address: 36 Preslav Street, Office 7, Varna, Republic of Bulgaria
Unified Identification Code (UIC/EIK): 201261446
Email:
info@lexup.proWebsite:
https://www.lexup.pro