Terms of Use

1. About these Terms

1.1 These Terms of Use (“Terms”) govern access to and use of ipwatch: the trade mark watch and search service at https://ipwatch.in and its sub-domains, and the emails, reports and exports provided with it (together, the “Service”).

1.2 The Service is provided by Quoqo Technologies Private Limited, a private limited company incorporated in India, whose address is A-307, Brigade Omega, Banashankari VI Stage, Bengaluru 560062, Karnataka, India (“Quoqo”, “we”, “us”, “our”). “ipwatch” is the name of a service of Quoqo.

1.3 These Terms are a contract between Quoqo and the Customer (clause 2). They are an electronic record within the meaning of the Information Technology Act, 2000 and are made by electronic means. They need no physical or digital signature.

1.4 These Terms are to be read with:
(a) the Privacy Notice at https://ipwatch.in/privacy, which explains how we handle personal data;
(b) the Plan, Fees and limits shown on the pricing or billing page, or in an Order, when you subscribe; and
(c) any Order.

If they conflict, clause 29.4 decides which prevails.

2. Acceptance, eligibility and authority

2.1 Acceptance. You accept these Terms when you do any one of the following: tick the box (or click the button) where these Terms are presented when you create an Account or subscribe; sign or accept an Order that refers to them; or use the Service. If you do not accept these Terms, do not use the Service.

2.2 For business and professional use. The Service is offered for use in the course of a business or profession. That includes use by companies, limited liability partnerships, firms, sole proprietors, in-house legal teams, advocates and law firms, and registered trade marks agents. It is not offered for personal, family or household use.

2.3 Age and capacity. Every individual who accepts these Terms or uses the Service must be at least 18 years old and competent to contract under the Indian Contract Act, 1872.

2.4 Acting for an organisation. If you accept these Terms for a company, firm, limited liability partnership or other organisation:
(a) you confirm that you have authority to bind it;
(b) “Customer” means that organisation; and
(c) if you do not have that authority, you are personally bound by these Terms and are liable for any loss the lack of authority causes.

2.5 Users. The Customer may allow its employees, partners and other individuals working for it to use the Service under its Account (“Users”). Each User must comply with these Terms. The Customer is responsible for the acts and omissions of its Users as if they were its own.

2.6 Refusal. We may refuse to open an Account or accept an Order. Examples are where we cannot verify identity or payment, or where we reasonably believe the Service would be misused. If we refuse an Order after taking payment for it, we refund that payment in full.

3. Definitions and interpretation

3.1 In these Terms:

• “Account” means the Customer's account on the Service, including every User given access to it.
• “Account Owner” means a User with the owner role, who can manage Users, billing and the subscription.
• “AI Features” means features that use machine-learning models, including reading the words in logos, the AI view on Matches, and class suggestions.
• “Applicable Law” means the laws in force in India from time to time, including statutes, rules, regulations, notifications, directions and binding orders.
• “Confidential Information” has the meaning given in clause 9.1.
• “Customer Content” means the data and material that the Customer or a User submits to the Service, including watched marks, their classes and descriptions of goods or services; client references, notes and decisions recorded on Matches; search terms; logos uploaded; and files imported. It does not include Public Records or Output.
• “Customer Personal Data” means personal data that forms part of Customer Content.
• “Data Protection Law” means the Digital Personal Data Protection Act, 2023 and the rules made under it, as and when in force; and the Information Technology Act, 2000 and the rules made under it, including, while they remain in force, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
• “Fees” means the amounts payable for the Service under the Plan or an Order.
• “Index” means the database we compile from Public Records. It includes the text we extract, our readings of words in logos, normalised and phonetic forms, classifications, the links between records, and the search indexes we build.
• “IP India” means the Office of the Controller General of Patents, Designs and Trade Marks, including the Trade Marks Registry.
• “Journal” means the Trade Marks Journal published by or under the authority of the Registrar of Trade Marks, including corrigenda and supplements.
• “Last Day to Oppose” means the date the Service shows as the last day to file a notice of opposition to an advertised mark.
• “Match” means an advertised mark that the Service reports as possibly similar to a Watched Mark.
• “Order” means an online checkout completed through the Service, or a written order form, quotation or proposal accepted by both parties, for a Plan or for other services.
• “Output” means everything the Service produces for you, including alerts, Matches, evidence pages, AI views, rankings, Last Days to Oppose, reminders, class suggestions, search results, reports and exports.
• “Plan” means the subscription plan you choose, with its Fees, billing period, features and limits.
• “Public Records” means the Journal and other information published by IP India or another public authority. This includes marks, logos, classes, goods and services, application numbers, dates, and the names and addresses of proprietors and agents.
• “Search” means a search of the Index run through an Account. It is counted against the Plan's limits.
• “Sub-processor” means a third party we engage to process Customer Content or personal data in providing the Service.
• “Subscription Term” means the period for which a Plan has been paid or is payable, including renewals.
• “Watched Mark” means one mark, either a word or a logo, entered in the Service to be watched. It counts as one mark across the classes given for it, subject to any fair-use limits on the pricing page.

3.2 In these Terms:
(a) headings are for convenience only;
(b) “including” and similar words do not limit the words before them;
(c) “in writing” includes email;
(d) “days” means calendar days, and “working days” means days other than Saturdays, Sundays and public holidays in Bengaluru, Karnataka;
(e) a reference to a statute includes the rules made under it and any amendment or re-enactment of it; and
(f) the singular includes the plural and the other way round.

4. The Service

4.1 What the Service does. Subject to these Terms and your Plan, the Service:
(a) reads each Journal after IP India publishes it, including the words printed in logos, which are read using AI Features;
(b) compares the marks newly advertised in that Journal with your Watched Marks, looking for marks that look or sound alike in the same or related classes, or in every class for a Watched Mark you mark as well known;
(c) reports Matches by email (one email per Account for each Journal in which there are new Matches) and in your Account, each with an evidence page;
(d) shows a Last Day to Oppose for each Match, calculated as described in clause 5.4;
(e) sends email reminders 30 and 7 days before the Last Day to Oppose, for Matches you have marked to oppose;
(f) lets you search the Index, keep your search history, download PDF reports, and export searches and Matches to Excel or CSV;
(g) suggests classes from a description of goods or services; and
(h) lets you add Users and record client references, notes and decisions on Matches.

4.2 Plans. The features, limits (including Watched Marks, Searches and Users) and Fees of each Plan are those shown on the pricing page or in the Order when you subscribe or renew.

4.3 Coverage. The range of Journals that a Search covered is shown with its results, and older Journals may be incomplete. A Watched Mark is compared with each Journal published after it is added and, when it is added or changed, with the Journals whose period for opposition is still open.

4.4 Processing target. We aim to process each Journal within 5 working days after IP India makes it available in a form we can read. This is a target, not a guarantee. If we know that we have not processed a Journal, or part of one, within 10 working days after it was made available, we will tell Account Owners by email.

4.5 Availability. We aim to keep the Service available at all times but do not promise that it will be uninterrupted or without errors. We may suspend the Service for maintenance, and will try to do so at times of low use. No service level or service credits apply unless an Order provides for them.

4.6 Support. Support is given through the contact form at https://ipwatch.in/contact and, for signed-in Users, by email to the support address shown in the Service. We aim to reply within 2 working days.

4.7 Preview features. Features labelled “preview” or similar are provided for evaluation. They may change or be withdrawn at any time, and clause 20.2 does not apply to them.

5. What ipwatch is not: legal advice, deadlines and the limits of the data

5.1 Not legal advice. The Service is a software and data tool.
(a) Quoqo does not practise law. It is not a firm of advocates and does not act as a trade marks agent before the Registry.
(b) Nothing in the Service or in any Output is legal advice or a legal opinion. That includes anything about whether two marks are similar or likely to cause confusion, whether to oppose a mark, which classes to file in, or whether a mark is available to use or register.
(c) Using the Service does not create an advocate–client relationship, a relationship of agency, or any fiduciary relationship between you and Quoqo or any of its personnel. Where any of our personnel are advocates or registered trade marks agents, they do not act in that capacity in providing the Service.

5.2 A first screen. Output points to marks that may deserve a closer look. Before you file, oppose, send a notice to anyone or decide not to act:
(a) check the entry in the Journal itself; and
(b) take advice from an advocate or a registered trade marks agent.

5.3 What the data cannot tell you. You acknowledge that:
(a) Public Records are used as published. The Journal may contain errors, omissions, corrigenda, late or re-issued numbers, unclear images, and entries that differ from the Register. We do not correct Public Records and do not promise that the Journal, or our copy of it, is complete or accurate.
(b) Status is not shown. The Service shows each mark as it was advertised. It does not show whether the mark was later opposed, registered, refused, withdrawn, abandoned or amended. It cannot see applications that have not been advertised.
(c) Logos are matched by their words. A logo is matched by the words read from it. A logo with no words, or whose words are misread, may not be matched. The Service does not compare images.
(d) Matching is automated and imperfect. Matching applies automated rules for spelling, sound and classes. It may not find every conflicting mark. That includes marks similar in meaning or idea, translations and transliterations, marks similar in overall impression, and marks in classes the Service does not treat as related. It may also report Matches that are not relevant.
(e) AI views can be wrong. AI views and rankings may be wrong, incomplete or inconsistent. An AI view only changes the order of Matches. It does not hide or remove a Match.
(f) Matches depend on your input. Matches depend on the Watched Marks, classes and descriptions you enter being correct and complete.
(g) Email can fail. Email may be delayed, filtered as spam, or not delivered.

5.4 Deadlines are yours.
(a) The Last Day to Oppose is calculated as four calendar months from the date printed on the Journal in which the mark was advertised; where the fourth month has no day of that number, its last day is used. It is shown for convenience only.
(b) The time for filing a notice of opposition is set by section 21 of the Trade Marks Act, 1999 and the Trade Marks Rules, 2017, and cannot be extended beyond the period they allow. The date that counts is the one that follows from the law and from IP India's records, not the date the Service shows. The two can differ, for example where a Journal is made available on a date other than the date printed on it, a mark is re-advertised, or a corrigendum is published.
(c) Reminders are sent only for Matches you have marked to oppose. They are a courtesy and may fail.
(d) You alone are responsible for identifying, diarising and meeting every deadline, and for checking every date against the Journal and the Registry's records. We recommend that you do not leave a filing to the last days of the period.

5.5 If you advise others. If you are an advocate, a law firm or a trade marks agent and use the Service for clients:
(a) you remain solely responsible for the advice you give, for your professional obligations (including confidentiality and conflicts of interest), and for how you present Output to your clients; and
(b) you must not present Output as the advice or opinion of Quoqo.

5.6 Reliance. Subject to clause 21.5, we are not liable for loss arising from any of the following:
(a) a Match not reported, or reported late;
(b) a Last Day to Oppose that is wrong;
(c) a reminder not sent or not delivered; or
(d) a decision taken in reliance on Output.

This clause applies in addition to clause 21.

6. Accounts, Users and security

6.1 Accurate information. Give accurate information when you register and subscribe, and keep it up to date, especially the email addresses of Account Owners.

6.2 One login for each person. Each User must have their own login. Login details must not be shared.
(a) Where a Plan limits the number of Users, each User counts as one seat.
(b) A seat may be moved to a new person when a User leaves the Customer. It may not be shared among several people.

6.3 Control of the Account. The Account belongs to the Customer, not to an individual User. If people disagree about who controls an organisation's Account, we may act on reasonable evidence, such as who controls the organisation's email domain or who pays for the Plan. We may also suspend changes to the Account until the disagreement is resolved.

6.4 Security.
(a) Keep passwords and sign-in links confidential.
(b) Tell us promptly through the contact form if you suspect anyone has used the Account without authority.
(c) The Customer is responsible for activity under its Account, except to the extent that the activity is caused by our breach of these Terms.

6.5 Departing Users. The Customer is responsible for removing Users who should no longer have access.

6.6 Suspending a User. We may suspend a User's access if we reasonably suspect the account is compromised. If we do, we will tell the Account Owner.

7. Acceptable use

7.1 Permitted use. You may use the Service for your internal business purposes. If you are a professional adviser, you may also use it for your clients' matters. In each case your use must comply with these Terms and with Applicable Law.

7.2 Prohibited use. You must not, and must not allow or help anyone else to:
(a) copy, scrape, crawl, harvest, download in bulk or systematically extract the Index or Output, or access the Service by robot, spider, script or other automated means;
(b) sell, resell, license, sub-license, rent, publish or otherwise make available the Index, or Output in bulk, to anyone outside the Customer. You must not use either to build, train or improve a database, product, service or machine-learning model that competes with or substitutes for the Service. Clause 12.3 permits some sharing of Output with your clients;
(c) share logins, or use several Accounts to get around Plan limits;
(d) reverse engineer, decompile or disassemble the Service, or try to derive its source code, matching rules or models, except to the extent Applicable Law expressly allows despite this restriction;
(e) probe, scan or test the vulnerability of the Service, or get around its security, rate limits or Plan limits. The exception is a responsible-disclosure process that we publish, followed in accordance with its terms;
(f) interfere with or place an unreasonable load on the Service, or introduce malicious code into it;
(g) use the Service or Output to harass, intimidate or threaten applicants, proprietors, agents or anyone else, including by making groundless threats of legal proceedings (see section 142 of the Trade Marks Act, 1999), or to contact proprietors or agents in bulk for marketing;
(h) use the names, addresses or other personal data in Public Records for direct marketing, or in any way that breaches Data Protection Law;
(i) upload, store, transmit or share through the Service any information that:

• (i) belongs to another person and to which you have no right;
• (ii) is obscene, pornographic or paedophilic; invades another's privacy, including bodily privacy; insults or harasses on the basis of gender; is racially or ethnically objectionable; relates to or encourages money laundering or gambling; or is otherwise inconsistent with or contrary to the laws in force;
• (iii) is harmful to a child;
• (iv) infringes a patent, trade mark, copyright or other proprietary right;
• (v) deceives or misleads the addressee about the origin of the message, or knowingly and intentionally communicates misinformation, or information that is patently false and untrue or misleading in nature;
• (vi) impersonates another person;
• (vii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order; incites the commission of a cognisable offence; prevents the investigation of an offence; or insults another nation;
• (viii) contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or
• (ix) violates any law in force;

(j) misrepresent your identity or affiliation, or suggest that Output is issued or endorsed by IP India or by Quoqo; or
(k) use the Service in breach of Applicable Law. That includes the Information Technology Act, 2000, the Trade Marks Act, 1999, the Copyright Act, 1957, Data Protection Law, and the professional rules that apply to you.

7.3 Removal of information. We may remove or disable access to Customer Content, and suspend the Users concerned, in either of these cases:
(a) we receive a court order or a notice from an authorised government agency, or a complaint under clause 23; or
(b) we otherwise become aware that Customer Content breaches clause 7.2(i).

We will act within the time Applicable Law requires, and will tell you what we have done unless the law or the order prevents us.

7.4 Consequences. A breach of this clause 7 may lead to suspension (clause 15.4) or termination (clause 17.5). Where Applicable Law requires, we will report it to the authorities.

7.5 Fair use and rate limits. We may apply the fair-use limits stated on the pricing page (for example, a maximum number of classes for each Watched Mark) and reasonable technical rate limits.

8. Customer Content

8.1 Ownership. As between you and us, the Customer keeps all rights in Customer Content. We claim no ownership of it.

8.2 Licence to us. The Customer grants Quoqo a non-exclusive licence, without royalty, to host, copy, process, transmit and display Customer Content. The licence is for these purposes only:
(a) to provide, secure, support and maintain the Service for the Customer;
(b) to comply with Applicable Law; and
(c) as described in the Privacy Notice.

It includes sending Customer Content to Sub-processors as described in clause 10 and the Privacy Notice. It lasts for as long as we hold Customer Content under clause 18.

8.3 Uploaded logos. A logo you upload is processed only to read the words in it. As the Privacy Notice explains, the image is not kept after the words have been read. The words read are kept as Customer Content.

8.4 No model training. We do not use Customer Content to train or fine-tune machine-learning models. The AI providers we use state that they do not train their models on the inputs we send. How long they keep those inputs is set out in the Privacy Notice.

8.5 Usage statistics. We may compile statistics about the use of the Service, such as numbers of Searches, Matches and alerts, and Journal processing times. We may use them to run and improve the Service. These statistics will not identify the Customer, any User, any Watched Mark or any search term, and we will not disclose your Watched Marks or search terms in any form, aggregated or not.

8.6 Your responsibilities. The Customer confirms that:
(a) it has the rights and permissions needed to submit Customer Content and to let us process it under these Terms; and
(b) to the best of its knowledge, Customer Content is accurate.

8.7 Keeping your own records. We back up the Service. You are still responsible for exporting and keeping your own copies of records you need, including decisions on Matches and dates you rely on.

9. Confidentiality

9.1 Confidential Information means non-public information that one party (the “discloser”) makes available to the other (the “recipient”) in connection with these Terms, and that is marked as confidential or would reasonably be understood to be confidential.
(a) The Customer's Confidential Information includes all Customer Content, whether marked or not, and in particular names, marks and logos that have not been filed or announced; the fact that the Customer watches or searches for a particular mark; and search history, client references, notes and decisions.
(b) Quoqo's Confidential Information includes non-public information about the Service, its security, its matching methods and its pricing terms offered to you.

9.2 Obligations. The recipient must:
(a) use Confidential Information only to perform these Terms or exercise its rights under them;
(b) disclose it only to its personnel, professional advisers and (in Quoqo's case) Sub-processors who need to know it, who are bound by duties of confidence at least as protective as this clause, and for whom the recipient is responsible; and
(c) protect it with at least reasonable care, and with no less care than it uses for its own confidential information of a similar kind.

9.3 Our specific undertakings on your marks. Quoqo will not:
(a) use a Customer's Watched Marks, search terms or other Customer Content to file, oppose, acquire or watch any mark for itself or for anyone else;
(b) use them to advise or alert any other customer or person;
(c) disclose them to any other customer; or
(d) sell them.

Our personnel may access Customer Content only on a need-to-know basis, and only to give support you ask for, for security, to fix faults, or to comply with Applicable Law.

9.4 Exceptions. Clause 9.2 does not apply to information that:
(a) is or becomes public other than through a breach of these Terms;
(b) the recipient lawfully knew before receiving it;
(c) the recipient develops independently without using the discloser's information; or
(d) the recipient receives lawfully from a third party who owes no duty of confidence for it.

A mark that is in the Customer's Customer Content does not stop being Confidential Information because the same or a similar mark appears in the Journal. That the Customer watches or searches for it remains confidential.

9.5 Disclosure required by law. The recipient may disclose Confidential Information to the extent required by Applicable Law, or by an order of a court, tribunal or authority. Where lawful, it must first notify the discloser so that the discloser can seek protection, and it must disclose only what is required.

9.6 Duration. These obligations continue during the Subscription Term and for 3 years after these Terms end. For Customer Content and trade secrets, they continue for as long as the information remains confidential.

9.7 Injunction. Damages may not be an adequate remedy for a breach of this clause. The discloser may seek an injunction or other relief under the Specific Relief Act, 1963, in addition to any other remedy.

10. AI-assisted features and service providers

10.1 What uses AI. At the date of these Terms:
(a) Logo reading. The words in logos, whether published in the Journal or uploaded by you, are read by Google's Gemini models through OpenRouter. Uploaded logos are routed only to providers that keep no copy of them.
(b) AI view and class suggestions. The AI view on Matches and the class suggestions use TypeSafe's Jev model through OpenRouter.

What is sent to each provider is described in the Privacy Notice. We may change models or providers. When we do, we will update the Privacy Notice, and for Customer Personal Data we will give notice under Schedule 1.

10.2 AI output may be wrong. AI Features may:
(a) misread the words in a logo;
(b) suggest classes that are wrong or incomplete; or
(c) rank Matches in an order that does not reflect their legal significance.

AI output is not legal advice, and you should review it before relying on it.

10.3 Classes are your decision. Class suggestions are only suggestions. You decide the classes to watch or file in, and you decide how to describe the goods and services in any application.

10.4 Service providers. We use third parties to host the Service, read logos, give AI views, send email, take payments and measure visits to public pages, as described in the Privacy Notice.
(a) We choose them with reasonable care.
(b) We remain responsible for our obligations under these Terms when we use them.
(c) For Customer Personal Data, we are responsible for our Sub-processors as Schedule 1 provides.

10.5 Third-party terms. Your use of Razorpay's checkout and payment services is also subject to Razorpay's terms.

11. Public Records and third-party data

11.1 No claim to Public Records. The Journal is published by IP India. The marks and logos in it may be protected by the rights of their proprietors or authors. We claim no ownership of Public Records or of the marks and logos in them.

11.2 Source and attribution.
(a) The Index is derived from the Journals that IP India publishes on its official website.
(b) ipwatch is not affiliated with, endorsed by or an official source of IP India or the Government of India.
(c) The official records are the Journal and the Register of Trade Marks kept by IP India.

11.3 Your use of Public Records.
(a) You may use Public Records shown in Output for your own purposes, subject to clause 7.
(b) You are responsible for respecting the rights of proprietors and others when you reproduce marks or logos outside the Service, for example in published material.
(c) You are responsible for complying with Data Protection Law when you use names, addresses or other personal data that appear in Public Records.

11.4 Our rights in the Index.
(a) To the extent that rights subsist in the selection, arrangement, extracted text, logo readings, normalised forms and classifications that make up the Index, or in the Index as a compilation, they belong to Quoqo.
(b) Whether or not any such rights subsist, your right to use the Index is limited to what these Terms allow.

11.5 Errors and complaints.
(a) If a Public Record is wrong, it can be corrected only by IP India. We may correct our copy so that it matches the Journal.
(b) Anyone may complain about information shown on the Service under clause 23.
(c) We may decline to remove information that is a faithful copy of a Public Record, unless the law requires us to remove it.

12. Our intellectual property, feedback and publicity

12.1 Ownership. Quoqo and its licensors own the Service, including:
(a) its software, matching methods and models we develop;
(b) its designs, text and documentation;
(c) the ipwatch name and logo; and
(d) the Index (subject to clause 11).

No rights are granted to you except those expressly stated in these Terms.

12.2 Your right to use the Service. During the Subscription Term, Quoqo grants the Customer a non-exclusive, non-transferable right to let its Users use the Service and Output within the Plan's limits. That right may not be sub-licensed. It covers the Customer's internal business purposes and, for professional advisers, their clients' matters.

12.3 Output you download. You may keep and use reports, exports and other Output you download, during and after the Subscription Term.
(a) You may use it for your internal purposes.
(b) If you are a professional adviser, you may share it with the client to whom it relates.

Clause 7.2(b) still applies to Output you download.

12.4 Feedback. If you give us suggestions or feedback about the Service, we may use them without restriction or payment. This does not extend to Customer Content or your Confidential Information.

12.5 Publicity. We will not use the Customer's name or logo, or the fact that it is a customer, in marketing or publicity without the Customer's prior written consent. The Customer may withdraw that consent at any time.

13. Plans, Fees, billing and taxes

13.1 Fees. The Fees are those of the Plan shown when you subscribe or renew, or those in an Order. They are stated in Indian rupees and exclude GST and other taxes unless stated otherwise.

13.2 Billing period. Plans are billed monthly or annually, in advance, from the date the subscription starts.

13.3 Payment through Razorpay.
(a) When you subscribe, you authorise Quoqo, through Razorpay, to charge the payment method you choose for the Fees of each billing period under a recurring payment mandate (a subscription).
(b) Card and bank details are handled by Razorpay and its partners and do not reach us.

13.4 Authenticating recurring payments.
(a) Under the Reserve Bank of India's rules on e-mandates for recurring payments, your card issuer, bank or UPI application may ask you to authenticate (for example, with a one-time password) when you set up the mandate, for the first charge, and for any recurring charge above the limit the RBI sets (₹15,000 at the date of these Terms); and will notify you before each charge.
(b) If a renewal charge needs your authentication and you do not give it, or the charge fails for any other reason, clause 15 applies.
(c) The annual Fees of some Plans exceed the RBI limit.

13.5 Plan limits. Each Plan has limits on Watched Marks, on Searches each calendar month (India time) and on Users, and may have fair-use limits.
(a) Unused Searches do not carry over.
(b) When you reach a limit, you cannot add more until you move to a larger Plan or the limit resets.
(c) Watched Marks already added continue to be watched.

13.6 Upgrades. A move to a larger Plan takes effect when it is paid for, at the Fees shown at checkout.

13.7 Downgrades. A move to a smaller Plan takes effect when the smaller Plan starts.
(a) If your Account is above the smaller Plan's limits, archive Watched Marks to come within the new limit, and remove Users above the new number of seats.
(b) Until you do, Watched Marks already added continue to be watched, but no new ones can be added and no one else can be invited. No one is removed automatically.

13.8 Taxes.
(a) GST. GST at the rate in force (18% at the date of these Terms) is added to the Fees and included in the amount charged, and we issue a tax invoice.
(b) Your GST details. To claim input tax credit, give your GST registration details, legal name and State correctly when you pay. Where the law allows, we will issue a corrected invoice or a credit note for an error you report. We are not responsible for credit lost because of incorrect details you gave.
(c) TDS. If Applicable Law requires you to deduct tax at source from the Fees under the income-tax law, you may do so. You must deposit the tax and give us the certificate within the time the law allows. Until we receive the certificate, the amount deducted is treated as unpaid.

13.9 Price changes.
(a) We may change the Fees of a Plan by giving Account Owners at least 30 days' notice by email.
(b) New Fees apply from your first renewal after the notice period ends. If you do not accept them, cancel before that renewal under clause 14.2.
(c) Fees fixed in an Order for a stated period do not change during that period.

13.10 Billing questions. If you think a charge is wrong, please tell us through the contact form within 60 days so that we can investigate it while records are fresh. This does not limit any right you have under Applicable Law.

14. Renewal, cancellation and refunds

The Cancellation and refunds page explains this clause in plain words.

14.1 Renewal.
(a) A subscription renews automatically at the end of each billing period, for a period of the same length, at the Fees then in force (subject to clause 13.9), unless it is cancelled before the period ends.
(b) For annual Plans, we will email the Account Owner at least 7 days before the renewal date.

14.2 Cancelling.
(a) An Account Owner can cancel on the Billing page (“Cancel at end of period”) or through the contact form.
(b) Cancellation takes effect at the end of the current billing period, for monthly and annual Plans alike. The Plan stays active until then, and the Account then becomes read-only (clause 18.1).
(c) Cancelling a mandate through your bank or UPI application does not by itself cancel the subscription, but renewals will then fail (clause 15).

14.3 General rule on refunds. Fees are charged for a billing period. Except as stated in clause 14.4, or where Applicable Law requires otherwise, Fees are not refundable. That includes Fees for:
(a) part of a billing period;
(b) unused Searches or Watched Marks; and
(c) a downgrade or cancellation during a period.

14.4 When we refund. We will refund:
(a) any duplicate or mistaken charge, in full;
(b) where the cause lies with us, that is, if we terminate for convenience (clause 17.4) or discontinue the Service or your Plan, or if you terminate under clause 17.3 (our material breach), clause 20.2 (an uncorrected failure of the Service), clause 16.3 or 16.4 (a material reduction in the Service), clause 25.3 (a prolonged force majeure event) or clause 26.4 (a material change to these Terms): the prepaid Fees for the unused part of the Subscription Term, limited to the Fees paid for the most recent month (for an annual Plan, one-twelfth of the annual Fees); and
(c) any other amount Applicable Law requires.

14.5 How refunds are paid.
(a) Refunds are made to the original payment method through Razorpay, or by bank transfer for Fees paid under an Order. We start a refund within 7 working days after we confirm it; Razorpay and the banks typically take a further 5 to 7 working days to credit it.
(b) Where the law requires, we will issue a GST credit note.

15. Failed payments, late payment and suspension

15.1 Failed charges.
(a) If a charge fails, Razorpay may retry it, and we will email the Account Owner.
(b) The Plan stays active while retries continue.

15.2 Restriction for non-payment.
(a) If Fees remain unpaid 14 days after they fall due, or retries stop, we may restrict the Account to read-only as described in clause 18.1.
(b) Before we do so, we will give the Account Owner at least 7 days' notice by email.
(c) While the Account is restricted, new-Match alert emails stop. Clause 5.4 continues to apply.

15.3 Interest on invoiced Fees.
(a) Undisputed Fees invoiced under an Order that are not paid by their due date carry simple interest at 12% a year from the due date until payment.
(b) Where the Micro, Small and Medium Enterprises Development Act, 2006 provides for a different rate or payment period, those statutory provisions apply.

15.4 Other suspension. We may suspend all or part of the Service, without notice where necessary, if:
(a) suspension is reasonably necessary to protect the Service, other customers or third parties from harm, or to deal with a security incident;
(b) you materially breach clause 7; or
(c) Applicable Law, or an order of a court or authority, requires it.

Any such suspension will be limited in scope and duration to what is necessary. We will tell you promptly where the law allows, and restore access once the cause has been dealt with.

16. Changes to the Service

16.1 We may change, add or remove features for any of these reasons:
(a) to improve the Service;
(b) for security;
(c) to comply with Applicable Law; or
(d) because a provider or a source of Public Records changes.

16.2 During a prepaid Subscription Term, we will not materially reduce the core functions of your Plan. Those are the weekly watch of Watched Marks, alerts, Last Days to Oppose, and Searches within the Plan limits. The exceptions are:
(a) where Applicable Law requires the reduction;
(b) where it results from a change at IP India (clause 16.4); or
(c) where it results from a change by a third-party provider that is beyond our reasonable control.

16.3 If a change materially reduces the Service for you, we will give you at least 30 days' notice where practicable. You may then terminate the affected subscription by notice before the change takes effect, or within 30 days after it takes effect, and receive a refund under clause 14.4(b).

16.4 Changes at IP India.
(a) If IP India changes the format, availability or terms of use of the Journal, or restricts access to it, we may have to change or suspend parts of the Service.
(b) We will tell you if that happens. To that extent, the change is a force majeure event (clause 25).
(c) If we cannot provide the weekly watch for more than 30 days in a row for that reason, you may terminate and receive a refund under clause 14.4(b).

17. Term and termination

17.1 Term. These Terms apply from the time you accept them until the Account is closed and every Subscription Term has ended.

17.2 By you.
(a) You may cancel a subscription at any time under clause 14.2.
(b) An Account Owner may ask for the Account to be closed at any time through the contact form.

17.3 For breach. Either party may terminate these Terms by notice if the other party materially breaches them and, where the breach can be remedied, does not remedy it within 15 days after receiving notice of it.

17.4 By us, for convenience. We may terminate these Terms, or a Plan, on at least 60 days' notice, with a refund under clause 14.4(b).

17.5 By us, immediately. We may terminate these Terms immediately by notice if:
(a) the Customer or a User commits a serious or repeated breach of clause 7, in particular scraping, resale or an attack on the security of the Service;
(b) Fees remain unpaid 30 days after the Account was restricted under clause 15.2;
(c) Applicable Law, or an order of a court or authority, requires it; or
(d) subject to Applicable Law (including any moratorium under the Insolvency and Bankruptcy Code, 2016), the Customer becomes subject to insolvency resolution, liquidation or winding up, or makes an arrangement with its creditors.

17.6 Effect. When these Terms or a Plan end:
(a) the right to use the Service ends, except for the read-only access in clause 18;
(b) rights and liabilities that have already accrued are not affected; and
(c) the clauses listed in clause 29.10 continue to apply.

18. Your data after a Plan ends or the Account closes

18.1 When a Plan ends but the Account stays open. This applies when a subscription is cancelled or lapses.
(a) The Account becomes read-only. Users can sign in, and view and export existing Watched Marks, Matches, searches, notes and decisions, but cannot add marks or run Searches.
(b) New-Match alert emails stop.
(c) Reminders for Matches already marked to oppose may continue to be sent, but we do not promise this.
(d) If an Account has had no paid Plan and no sign-in for 12 months, we may close it after giving the Account Owner at least 30 days' notice by email.

18.2 Exports.
(a) Exports to Excel, CSV and PDF are available in the Service while the Account is open.
(b) On a request made within 30 days after the Account closes, we will provide the Customer's Watched Marks, Matches and decisions in a common machine-readable format.

18.3 Deletion. When an Account is closed, by you or by us, we delete or de-identify Customer Content within 90 days, except:
(a) copies held in backups, which are deleted as the backups are rotated and are protected until then;
(b) records we must keep under Applicable Law, for the period it requires. Examples are tax invoices and billing records under GST law, and records required under the Information Technology Act, 2000 and the directions and rules made under it; and
(c) information we reasonably need to establish, exercise or defend legal claims, kept only for as long as needed.

Personal data is handled as the Privacy Notice describes.

18.4 Not deleted. Public Records and the Index are not Customer Content and are not deleted.

18.5 No recovery. Once deleted, Customer Content cannot be recovered.

19. Personal data

19.1 Our role for account data. Quoqo processes personal data about Users and visitors as described in the Privacy Notice: names, email addresses, sign-in and security records, billing records and support messages. For that data, Quoqo acts as a Data Fiduciary under the Digital Personal Data Protection Act, 2023.

19.2 Your role for client data. Customer Content may include personal data about the Customer's clients or other people (for example, an individual client named in a client reference). For that data:
(a) the Customer decides the purpose and means of processing and acts as the Data Fiduciary; and
(b) Quoqo processes it on the Customer's behalf as a Data Processor, under the terms in Schedule 1.

19.3 Customer responsibilities. The Customer is responsible for:
(a) having a lawful ground for the Customer Personal Data it submits, and for giving any notice required by law;
(b) being permitted, under its professional duties of confidentiality, to use the Service for its clients' information;
(c) submitting only the personal data the Service needs. The Service does not need clients' contact details or identity documents, and you should not submit them; and
(d) not submitting the personal data of children.

19.4 Personal data in Public Records. Public Records include names and addresses of proprietors and agents published by IP India as the law requires. We process them for the purposes described in the Privacy Notice. Complaints about them may be made under clause 23.

19.5 Processing outside India. Some of our service providers process data outside India. We will not transfer personal data to any country or territory to which the Central Government restricts transfers under section 16 of the Digital Personal Data Protection Act, 2023.

20. Warranties and disclaimer

20.1 Both parties. Each party warrants that it has the power and authority to enter into these Terms.

20.2 Quoqo. Quoqo warrants that it will:
(a) provide the Service with reasonable skill and care, and materially as described in clause 4; and
(b) maintain reasonable security safeguards appropriate to the nature of the data it processes.

If we breach clause 20.2(a), we will, at our option and expense, correct the failure or re-perform the affected part of the Service. If we cannot do so within a reasonable time, you may terminate the affected Plan and receive a refund under clause 14.4(b). This clause 20.2 is subject to clause 21.

20.3 Customer. The Customer warrants that:
(a) it has the rights needed in Customer Content (clause 8.6);
(b) it will comply with Applicable Law and with the professional rules that apply to it; and
(c) the information it gives us is accurate.

20.4 Disclaimer.
(a) Except as expressly stated in these Terms, the Service, the Index, Public Records, AI Features and Output are provided “as is” and “as available”.
(b) To the fullest extent permitted by Applicable Law, we exclude all warranties, conditions and terms not expressly stated in these Terms, whether implied by law, custom or otherwise. That includes any as to accuracy, completeness, fitness for a particular purpose and quality.
(c) In particular, we do not warrant that the Service will find every conflicting mark, that any Output or Last Day to Oppose is correct, or that the Service will be uninterrupted or without errors.

21. Limitation of liability

21.1 Indirect loss. Subject to clause 21.5, neither party is liable to the other, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any:
(a) indirect, consequential, special or punitive loss; or
(b) loss of profit, revenue, business, goodwill or anticipated savings,

arising out of or in connection with these Terms.

21.2 Trade mark losses. Subject to clause 21.5, Quoqo is not liable for any loss or cost arising from any of the following, whether the loss is direct or indirect:
(a) the loss of an opportunity to oppose a mark, or to file, or to take any other step before the Registry or a court;
(b) the cost of rectification, cancellation, infringement or passing-off proceedings, or of rebranding;
(c) a Match not being found or reported, or being reported late;
(d) a Last Day to Oppose that is wrong;
(e) a reminder or alert not being sent or delivered;
(f) errors in Public Records or AI output; or
(g) claims by your clients or others who relied on advice or Output you gave them.

21.3 Cap. Subject to clauses 21.2 and 21.5, Quoqo's total aggregate liability arising out of or in connection with these Terms and the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the Fees paid for the most recent month (for an annual Plan, one-twelfth of the annual Fees) before the claim is made.

21.4 The Customer's liability. The Customer's total liability under these Terms is limited to the amount in clause 21.3. That limit does not apply to:
(a) the obligation to pay Fees;
(b) a breach of clause 7;
(c) infringement of Quoqo's intellectual property; or
(d) the indemnity in clause 22.1.

Quoqo's indemnity in clause 22.2 is subject to clause 21.3.

21.5 What is not limited. Nothing in these Terms limits or excludes liability:
(a) for fraud or fraudulent misrepresentation;
(b) for wilful default or wilful misconduct;
(c) for death or personal injury caused by negligence;
(d) to pay Fees that are due; or
(e) that cannot be limited or excluded under Applicable Law, including rights that a “consumer” has under the Consumer Protection Act, 2019 to the extent that Act applies (clause 24).

21.6 Basis of the price. The Fees reflect the nature of the Service as a first screen and the allocation of risk in this clause 21. The Customer, who is better placed to control its own deadlines and to take professional advice, accepts that allocation.

22. Indemnities

22.1 By the Customer. The Customer will indemnify Quoqo and its directors, officers and employees against losses, damages, fines and reasonable legal costs arising from any third-party claim or proceeding to the extent that it arises from:
(a) Customer Content, including a claim that Customer Content infringes a third party's rights or that Customer Personal Data was submitted unlawfully;
(b) use of the Service or Output in breach of clause 7, including threats made to applicants or proprietors and any bulk extraction or resale;
(c) advice, reports or Output that the Customer or its Users gave to clients or others, and anyone's reliance on them; or
(d) a breach of Applicable Law by the Customer or its Users.

22.2 By Quoqo. Quoqo will indemnify the Customer against losses, damages and reasonable legal costs arising from any third-party claim that the Service, as provided by Quoqo, infringes a copyright, trade mark or patent enforceable in India. This indemnity does not cover claims to the extent that they arise from:
(a) Public Records;
(b) Customer Content;
(c) third-party AI models or their output; or
(d) use of the Service in combination with anything we did not supply, or in breach of these Terms.

If such a claim is made or appears likely, we may, at our option, modify the Service so that it does not infringe; obtain the right for you to continue using it; or terminate the affected Plan and refund prepaid Fees under clause 14.4(b). This clause 22.2 states Quoqo's entire liability for infringement claims of this kind.

22.3 Procedure. The party seeking indemnity must:
(a) notify the other party promptly of the claim. A delay relieves the indemnifying party only to the extent the delay prejudices it;
(b) let the indemnifying party control the defence and settlement; and
(c) give reasonable help, at the indemnifying party's cost.

The indemnifying party must not settle a claim in a way that admits fault on behalf of the other party, or imposes an obligation on it, without its consent. That consent is not to be unreasonably withheld.

22.4 Relationship with the liability limits. These indemnities are contracts of indemnity, given in addition to sections 124 and 125 of the Indian Contract Act, 1872, and are subject to clause 21 as clause 21.4 provides.

23. Complaints and requests

23.1 How to reach us. Any User, Customer or other person may complain to us, or ask a question, about:
(a) these Terms or the Privacy Notice;
(b) personal data, including a request to see, correct or delete it;
(c) information hosted or shown on the Service, including information in Public Records about the person complaining; or
(d) billing or the Service.

Use the contact form at https://ipwatch.in/contact. Choose “Privacy or data request” for anything about personal data, and “Something else” for anything else.

23.2 How we deal with it. We will acknowledge each complaint by email and deal with it within the time Applicable Law requires.

23.3 Further recourse. If you are not satisfied with our response, you may use the remedies Applicable Law provides. For personal data, once the relevant provisions are in force and you have first raised the matter with us, these include a complaint to the Data Protection Board of India.

23.4 Orders from authorities. We will comply with lawful orders and requests from courts and authorised government agencies within the times Applicable Law requires.

24. Consumer law

24.1 The Service is provided for business and professional use (clause 2.2). We expect Customers to obtain it for a commercial purpose. Such Customers are generally not “consumers” under section 2(7) of the Consumer Protection Act, 2019.

24.2 If you are a “consumer” under that Act (for example, because you use the Service only to earn your livelihood by self-employment):
(a) nothing in these Terms excludes or limits rights you have under that Act that cannot be excluded or limited by contract; and
(b) nothing in clause 28 prevents you from approaching a Consumer Commission with competent jurisdiction.

25. Force majeure

25.1 Neither party is liable for delay or failure to perform caused by an event beyond its reasonable control (a “Force Majeure Event”). This does not apply to an obligation to pay Fees already due. Such events include:
(a) natural disaster, fire, flood or epidemic;
(b) war, terrorism, riot or civil commotion;
(c) strikes, other than strikes of the affected party's own staff;
(d) an act or order of government, including a blocking order under section 69A of the Information Technology Act, 2000;
(e) the unavailability, failure or change of the IP India website or of the Journal;
(f) the failure of the public internet, power supply, or hosting, AI or email providers; and
(g) a cyber attack that occurs despite reasonable security safeguards.

Events in (f) and (g) count only to the extent that the affected party did not cause them by failing to take reasonable precautions.

25.2 Notice and mitigation. The affected party must notify the other promptly and take reasonable steps to limit the effect.

25.3 Prolonged events. If a Force Majeure Event prevents the watch from running for more than 30 days in a row, either party may terminate the affected Plan by notice. The Customer then receives a refund under clause 14.4(b).

25.4 Statutory deadlines. A Force Majeure Event affecting the Service does not extend any statutory period, including the period to oppose. Clause 5.4 continues to apply.

26. Changes to these Terms

26.1 We may change these Terms, for example:
(a) to reflect changes in the law or in the Service; or
(b) to make them clearer.

26.2 Notice.
(a) For a material change, we will give Account Owners at least 30 days' notice by email and in the Service before it takes effect.
(b) Other changes take effect when we publish the updated Terms with a new “Last updated” date.

26.3 A change required by Applicable Law may take effect sooner, if the law requires.

26.4 Your options.
(a) If you do not accept a material change, you may terminate before it takes effect and receive a refund under clause 14.4(b).
(b) If you continue to use the Service after a change takes effect, you accept it.

26.5 Earlier versions of these Terms are available on request through the contact form.

27. Notices and communications

27.1 To you. We give notices by email to the Account Owners' email addresses, or by a notice in the Service. Under section 13 of the Information Technology Act, 2000, an email notice is treated as received when it enters the recipient's mail system, unless we receive a delivery failure message.

27.2 To us. Send notices to us through the contact form at https://ipwatch.in/contact. Notices of legal proceedings must also be sent by registered post or courier to our address in clause 1.2.

27.3 Service emails.
(a) Alerts, reminders, billing, security and legal notices are part of the Service and are sent while the Account is open.
(b) We send marketing emails only where the law allows, and each one has an unsubscribe link.

27.4 Keeping email working. Keep Account Owners' email addresses current, and allow email from our sending domain. Clause 5.3(g) applies.

27.5 Language. These Terms and all notices are in English.

28. Governing law and disputes

28.1 Governing law. These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes), are governed by the laws of India.

28.2 Talking first.
(a) Before starting proceedings, a party will notify the other of the dispute. Senior representatives of both parties will try to resolve it in good faith within 30 days.
(b) This does not prevent a party from seeking urgent interim relief, or from taking a step needed to preserve a right before a limitation period expires.

28.3 Courts. The courts at Bengaluru, Karnataka have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, subject to clause 24.2(b). For a commercial dispute of a specified value under the Commercial Courts Act, 2015, the parties will comply with that Act, including pre-institution mediation under section 12A where it applies.

29. General

29.1 Assignment.
(a) The Customer may not assign or transfer its rights under these Terms without Quoqo's prior written consent, which is not to be unreasonably withheld. No consent is needed for a transfer to a successor to the whole of the Customer's business that agrees to be bound by these Terms, if notice is given.
(b) Quoqo may assign these Terms, by notice, to an affiliate or to a successor to the business of the Service.

29.2 Subcontracting. Quoqo may subcontract the performance of its obligations and remains responsible for them.

29.3 Entire agreement. These Terms, together with any Order and the Plan description, are the entire agreement between the parties about the Service. Each party confirms that it has not relied on any statement not set out in them. Nothing in this clause limits liability for fraud. The Privacy Notice is a notice, not a contractual term, except where these Terms expressly refer to it as describing our obligations.

29.4 Order of precedence. If documents conflict, they take precedence in this order:
(1) Schedule 1, for Customer Personal Data;
(2) an Order signed or accepted by both parties, but only for a provision it expressly states it overrides;
(3) these Terms; and
(4) the pricing page and Plan descriptions.

Terms in a Customer's purchase order or vendor form do not apply unless Quoqo signs them.

29.5 Severability. If a court or tribunal finds any provision invalid or unenforceable, it applies with the minimum change needed to make it valid, and the rest of these Terms is not affected.

29.6 Waiver. A delay or failure to exercise a right is not a waiver of it.

29.7 Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or advocate–client relationship.

29.8 Third parties. No person other than the parties has any right under these Terms, except the persons indemnified under clause 22.1.

29.9 Records. In the absence of manifest error, our system records of activity in the Account and of billing are prima facie evidence of the matters they record.

29.10 Survival. The following continue after these Terms end: clauses 5, 8.2 (as needed for clause 18), 9, 11, 12.3 to 12.5, 13 (as to Fees accrued), 18, 20.4, 21, 22, 24, 27, 28 and 29; and Schedule 1, for as long as we hold Customer Personal Data.

Schedule 1: Data processing terms

1. Scope. This Schedule applies where Quoqo processes Customer Personal Data as a Data Processor for the Customer (clause 19.2). Words defined in the Digital Personal Data Protection Act, 2023 have the same meaning here.

2. Instructions. Quoqo will process Customer Personal Data only:
(a) to provide the Service under these Terms;
(b) as the Customer configures the Service; and
(c) on the Customer's other documented and reasonable instructions.

The exception is processing that Applicable Law requires. If Quoqo believes an instruction breaks Applicable Law, it will tell the Customer.

3. Personnel. Quoqo will ensure that the people authorised to process Customer Personal Data are bound by duties of confidence.

4. Security. Quoqo will maintain reasonable security safeguards to prevent personal data breaches. These include access controls and authentication; encryption in transit; logging; backups; and management of vulnerabilities.

5. Sub-processors.
(a) The Customer authorises the Sub-processors described in the Privacy Notice.
(b) Quoqo will give at least 15 days' notice by email before adding or replacing a Sub-processor that processes Customer Personal Data.
(c) The Customer may object on reasonable grounds within that period. If the objection is not resolved, the Customer may terminate the affected Plan and receive a refund under clause 14.4(b).
(d) Quoqo will bind each Sub-processor by written terms that protect Customer Personal Data at least as much as this Schedule, and remains responsible for each Sub-processor's performance.

6. Personal data breach.
(a) Quoqo will notify the Customer without undue delay, and in any event within 48 hours after becoming aware of a personal data breach affecting Customer Personal Data. The notice will include the information then reasonably available, so that the Customer can meet its own obligations to inform the Data Protection Board and the affected Data Principals.
(b) Quoqo will cooperate with the Customer, and will make any report to CERT-In that Applicable Law requires of Quoqo.

7. Data Principals' requests. Quoqo will help the Customer respond to requests from Data Principals, through the tools in the Service and with reasonable additional help. If Quoqo receives such a request directly, it will pass it to the Customer.

8. Deletion. Quoqo will delete Customer Personal Data as clause 18 provides, or earlier on the Customer's instruction (for example, when the Customer deletes a client reference).

9. Information. On reasonable request, Quoqo will give the Customer the information reasonably needed to show that it complies with this Schedule, such as a summary of its security measures.

10. Processing outside India. Clause 19.5 applies.

11. Customer's obligations. Clause 19.3 applies.

12. Liability. Liability under this Schedule is subject to clause 21.

Quoqo Technologies Private Limited, A-307, Brigade Omega, Banashankari VI Stage, Bengaluru 560062, Karnataka, India. Questions about these Terms: contact us.