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Terms of Service

These terms set out the agreement between you and Avanti Mind Ltd for your use of Avanti Notum. We have written them in plain English. The most important point, in Section 4, is what Avanti Notum is and is not — please do read it.

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Contents

1. Who these terms are between

These terms are an agreement between you (‘you’, the user) and Avanti Mind Ltd (‘we’, ‘us’, ‘Avanti Mind’), the company that operates Avanti Notum.

Company:
Avanti Mind Ltd, registered in England and Wales.
Company number:
16049394
Registered office:
The Venture Centre Sir William Lyons Road, University Of Warwick Science Park, Coventry, England, CV4 7EZ
ICO registration:
ZC172544
Contact:
Contact us

By creating an account or using Avanti Notum, you agree to these terms. If you do not agree to them, please do not use the service.

2. What Avanti Notum is

Avanti Notum is a trademark search and monitoring tool. It allows you to:

  • search the UK (UK IPO) trademark register, with EU (EUIPO) coverage being added;
  • see similarity scoring that estimates how closely a name matches existing marks;
  • generate informational reports of your search results;
  • monitor registered trademarks for status changes and approaching dates.

Avanti Notum is provided as software, on a subscription or one-off-purchase basis.

3. Eligibility and your account

You must be at least 18 years old and able to enter into a contract to use Avanti Notum.

When you create an account, you agree to provide accurate information and to keep it up to date. You are responsible for keeping your password secure and for all activity that takes place under your account. Tell us promptly via our contact page if you believe your account has been used without your permission.

On team plans, the account administrator is responsible for the team members they invite and for ensuring those members also comply with these terms.

4. What Avanti Notum is not — important

Please read this section carefully. It is central to how Avanti Notum should be used.

Avanti Notum is a search and monitoring tool. It is not a law firm, a firm of trademark attorneys, or any kind of legal service, and it does not provide legal advice.

In particular:

  • Similarity scores are not verdicts. The scores Avanti Notum produces estimate how closely two marks resemble each other. They are an aid to judgement, not a ruling. A score does not tell you whether your trademark application will be accepted or refused.
  • Search results are not a clearance. A search showing no notable conflicts does not guarantee that a name is available to register or safe to use. Conversely, a result showing a conflict does not guarantee an application will fail.
  • We do not advise on your situation. Avanti Notum cannot interpret trademark law for your specific circumstances, recommend a course of action, or file an application on your behalf.
  • Professional advice is recommended. Before registering, using or relying on any trademark, we strongly recommend you obtain advice from a qualified trademark attorney or solicitor. Avanti Notum is best used as a first step that makes that professional’s work more efficient.

You agree that you use Avanti Notum’s search results, similarity scores, reports and monitoring alerts as informational tools, and that you will not rely on them as a substitute for professional legal advice.

5. Data accuracy and availability

Avanti Notum draws on data from the public UK IPO trademark register, and is adding the public EUIPO register. We take care to keep this data current and to display a ‘data as of’ timestamp on results and reports.

However, we do not control those registers, and we cannot guarantee that the data is complete, accurate or fully up to date at every moment. Registers are updated by the public bodies that maintain them, and there may be a delay before changes are reflected. Similarity scoring is an estimate produced by algorithms and is inherently approximate.

Avanti Notum also depends on external services and may occasionally be unavailable for maintenance or for reasons beyond our control. We aim for high availability, and Enterprise plans may include a specific availability commitment, but we do not otherwise guarantee uninterrupted access.

6. Subscriptions, plans and payment

Avanti Notum offers a free plan, paid subscription plans, and one-off purchases.

  • Free plan. The Free plan is provided at no cost and includes a limited number of searches. We may change the limits of the Free plan, or the plan itself, with reasonable notice.
  • Paid plans. Paid plans are billed monthly or annually in advance, at the prices shown on the pricing page. All prices are inclusive of VAT. Payment is taken by our payment processor, Stripe.
  • One-off purchases. Single searches and single reports are charged once, at the prices shown.
  • Renewals. Paid subscriptions renew automatically at the end of each billing period unless you cancel beforehand.
  • Changing plans. You can upgrade or downgrade at any time. Upgrades take effect immediately, with prorated billing; downgrades take effect at your next billing period.
  • Price changes. We may change our prices. For existing subscribers, we will give reasonable notice before a price change takes effect, and a price change will not apply to a billing period you have already paid for.

7. Cancellation and refunds

You can cancel a paid plan at any time from your account settings. When you cancel, your plan continues until the end of the period you have already paid for, after which it will not renew. There is no contract or minimum term.

If you are not satisfied, you may request a full refund within 14 days of your first payment via our contact page. Beyond that period, payments for elapsed or current billing periods are generally non-refundable, except where required by law.

This section is being finalised with our solicitor; the current text is a draft and not yet definitive.

8. Acceptable use

When you use Avanti Notum, you agree not to:

  • use the service for any unlawful purpose, or in breach of these terms;
  • attempt to access the service or another user’s account without authorisation;
  • scrape, harvest or extract data from the service by automated means, except through the official API where your plan provides it and within its documented limits;
  • resell, redistribute or sublicense the service or its data except as expressly permitted by your plan (for example, white-label reporting on the Team and Enterprise plans);
  • interfere with, disrupt or place an unreasonable load on the service or the systems it depends on;
  • attempt to reverse-engineer, copy or create a competing product from the service;
  • misrepresent Avanti Notum’s output as legal advice or as a guarantee to your own clients or third parties.

We may suspend or close an account that breaches this section, and where appropriate without notice if the breach is serious.

9. Your content and your searches

You retain ownership of the information you enter into Avanti Notum, such as the brand names you search. By using the service, you grant us the limited permission needed to process that information in order to provide the service to you — for example, to run a search, store your history and generate a report.

We may use aggregated and anonymised information about how the service is used to operate and improve Avanti Notum. This will never identify you, your business or your individual searches. How we handle your personal data is set out in our Privacy Policy.

10. Our intellectual property

Avanti Notum — including the software, the website, the similarity-scoring methodology, the SIC-to-Nice mapping, the design and the Avanti Notum brand and name — is owned by Avanti Mind Ltd and protected by intellectual property law. These terms do not transfer any of that ownership to you. You are granted a limited, non-exclusive, non-transferable right to use the service in line with your plan and these terms.

The underlying trademark register data originates from the public UK IPO register, with the public EUIPO register being added, and is published by those bodies.

11. Reports and white-label use

Reports generated by Avanti Notum are informational documents and carry disclaimers describing their scope. On the Team and Enterprise plans, you may produce white-label reports under your own branding. If you do, you remain responsible for how you present and use those reports, and you must not remove or contradict the disclaimers that explain a report is informational pre-screening and not legal advice.

12. Liability

Nothing in these terms excludes or limits our liability where it would be unlawful to do so — including liability for death or personal injury caused by negligence, or for fraud.

Subject to that, and because Avanti Notum is an informational tool provided as software:

  • We are not liable for any decision you make, or action you take, on the basis of search results, similarity scores, reports or monitoring alerts. These are informational, and you are responsible for obtaining professional advice before relying on them.
  • We are not liable for any loss arising from inaccuracy, incompleteness or delay in trademark register data, which originates from third-party public registers.
  • We are not liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings.
  • Our total liability to you in connection with the service, in any 12-month period, is limited to the amount you paid us for the service in that period.

This section is being finalised with our solicitor; the current text is a draft and not yet definitive.

13. Suspension and termination

You may stop using Avanti Notum and close your account at any time.

We may suspend or terminate your access if you breach these terms, if you fail to pay for a paid plan, or if we are required to do so by law. We may also discontinue the service, or a part of it, with reasonable notice. If we terminate your account without cause, we will refund any prepaid fees covering the period after termination.

14. Changes to these terms

We may update these terms from time to time — for example, when we add a feature or to keep them current with the law. When we make a significant change, we will update the ‘last updated’ date and, where appropriate, notify you by email. Continuing to use Avanti Notum after a change takes effect means you accept the updated terms.

15. Governing law

These terms, and any dispute arising from them or from your use of Avanti Notum, are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction.

This section is being finalised with our solicitor; the current text is a draft and not yet definitive.

16. General

If any part of these terms is found to be unenforceable, the rest of the terms remain in force. If we do not enforce a right straight away, that does not mean we have given it up. You may not transfer your rights under these terms to anyone else without our agreement; we may transfer ours if Avanti Mind Ltd is reorganised, sold or merged, and your rights will not be reduced as a result. These terms, together with the Privacy Policy, are the whole agreement between you and us regarding Avanti Notum.

17. Contact

Questions about these terms:

Contact:
our contact page
Post:
Avanti Mind Ltd — The Venture Centre Sir William Lyons Road, University Of Warwick Science Park, Coventry, England, CV4 7EZ
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