Account Terms and Conditions

Welcome to the Website (as defined below). These Terms of Use (“Terms”) govern your access to and use of the Website and the Trama platform (as defined below), the Services (as defined below) operated and provided by the Provider (as defined below). Please, carefully read these Terms in advance. By using the Website, Trama platform and the Services, you agree to comply with and be bound by these Terms as well as our Privacy Policy. If you do not agree to these Terms, please do not use the Website, nor Services.

In these Terms, unless the context otherwise requires:

“Account” refers to an account registered on the Website, to which the Customer logs in using his email and password. 

“Act on Trademarks” refers to the Act No. 506/2009 Coll. on Trademarks, as amended.

“Basic Services” refers to the services offered without charge, which include notifications to the Customer regarding upcoming expiration of the Customer’s trademark and the option of a free trial for a first basic search in Databases. 

“Commercial Code” refers to the Act No. 513/1991 Coll., as amended.

“Commercial Register” refers to any official register of companies and other merchants maintained by the official government body.

“Conflicting Mark” refers to any trademark, service mark, logo, sign, designation, brand name, trade name, or other distinctive branding element of another person potentially conflicting with Customer’s Mark or Trademark uploaded within the Portfolio.

“Copyright Act” refers to the Act No. 185/2015 Coll. on Copyright, as amended.

“Customer” or “you” refers to any individual or entity using the Website or using the Basic Service or subscribing and using the Subscription Service who, in connection with the agreement concluded during the provision and the use of Services and the use of the Website, and obligations arising out of it, acts within its business activity or profession.

“Database” refers to a publicly accessible database from any e-commerce platform, social media platform, official commercial register maintained by the government body, official trademark register maintained by the government body, or other platform as displayed on the Website to the Customer.

“Mark” refers to any trademark, service mark, logo, sign, designation, brand name, trade name, or other distinctive branding element uploaded by the Customer for Monitoring.

“Monitoring” refers to steps and actions taken by us, whereby we search relevant Databases chosen and paid-for by the Customer to search for potentially Conflicting Marks.

“Portfolio” refers to any constellation of uploaded Marks or Trademarks by Customer under one Account.

“Paid Services” refers to the paid subscription-based service of Monitoring.  

“Provider” or “us” refers to the company TramaTM s. r. o., with its registered seat at: Žižkova 13, 040 01 Košice - Juh, Slovak Republic, Company ID No.: 53 407 717, registered with the Municipal Court Košice, section: Sro, insert No.: 52876/V, Tax ID No.: 2121390084, i. e. operator of the Website and provider of the Services.

“Result” refers to the notifications provided by us regarding the findings from searches conducted on the Customer’s uploaded Marks or Trademarks within the Portfolio.

“Services” refers to the basic free services (“Basic Services”) and paid subscription-based services (“Paid Services”).

“Subscription Fee” refers to the payment required from the Customer to access and use the Paid Services, as displayed on the Website. 

“Trademark” refers to any designation or any combination thereof owned by the Customer and registered as valid trademark in any Trademark Database uploaded by the Customer for Monitoring.

“Trama” refers to a computer program - a technical solution (platform) named Trama, which is accessible from the Website and which enables the Customer to use the Services. However, in general, the Trama brand refers to an organization of separate legal entities that provide legal or other administrative and advisory services in the field of trademarks to clients worldwide. TramaTM s. r. o. provides software and other services for trademark management.

“Website” refers to https://www.tramatm.com or another domain operated by the Provider which makes available the platform Trama and provision of the Services. 

Any order or request submitted by the Customer for the provision of Services shall be considered a proposal by the Customer to enter into an agreement with the Provider for the provision of such Services. This proposal does not constitute a binding agreement between the Customer and the Provider.

A legally binding agreement for the provision of Services is only formed when the Provider accepts the Customer’s proposal, which may include sending a confirmation email or other form of acknowledgment. Upon such confirmation, these Terms automatically become an integral part of the binding agreement between the Customer and the Provider.

By submitting a proposal to the Provider, the Customer acknowledges and agrees that these Terms govern the relationship between the Customer and the Provider. Once the Provider confirms the order, the Customer is bound by these Terms and any other provisions outlined in the binding agreement. The Terms apply to both Basic and Paid Services.

The Provider reserves the right to reject or modify any proposal submitted by the Customer. If the proposal is modified, the Provider will notify the Customer, and the Customer will have the opportunity to accept or reject the modified terms. Only upon the Customer’s acceptance of the modified proposal and the Provider’s confirmation a binding agreement will be formed.

The Provider’s obligation to perform the Services, whether Basic or Paid, shall commence once the Customer has successfully uploaded its product Portfolio to the Account registered on the Website.

The Provider is not obliged to begin any Monitoring or provide any Result in report or Services until the Portfolio has been uploaded. From the moment the Portfolio is uploaded, the Provider will begin performing the agreed Services in accordance with the terms of the agreement and these Terms.

We offer two types of Services to Customers: Basic Services and Paid Services.

As part of our Basic Services, we provide the following: 

We will notify you about the upcoming expiration of the uploaded Trademark 1. six months, 2. one month and 3. one week before the expiration of such Trademark. Please note that even if your Trademark expires, the law usually grants you another six-month grace period to file an application for Trademark renewal. Also please note that in the USA, a declaration of use together with evidence supporting this claim must be filed together with such an application. The above is for your information only, and does not constitute legal advice.

We reserve the right to determine the duration and scope of the free trial. During the free trial period, Paid Services may be limited in terms of features or access, i. e. we may limit the number of Databases to search or limit the scope of search otherwise. We may limit the scope of search during the free trial at any time without prior notice. 

You may upload an unlimited number of Trademarks within your Portfolio to use the Basic Services, but only under one Account. By uploading a Trademark, you give us permission to perform cross reference in order to determine whether such Trademark is already being used in connection with another Account. Violation of this provision may result in suspension, limitation, or termination of access to your Account or to the Basic Services at any time, with or without notice.

Within provision of the Paid Services, we will automatically and periodically Monitor relevant Databases that you will select and pay-for (subscribe) for Conflicting Marks with uploaded Marks or Trademarks within the Portfolio and we will send you the Results in a report on a bi-weekly basis. For the avoidance of doubt, we will continue to provide you with the Basic Services during the provision of the Paid Services.

You need to create an Account to use the Services. You agree to provide true, accurate, complete and updated information as requested during the registration process. Failure to do so may result in suspension or termination of your Account.  

You agree not to disclose the credentials used to log in to the Account to any third person. You are solely responsible for maintaining the confidentiality and security of your Account credentials.

You agree and undertake to notify us immediately of any unauthorized use of your Account credentials or if you detect any other breach of security. We will not be liable for any loss or damage arising from your failure to protect the confidentiality or security of the Account credentials.

We offer Paid Services on a subscription basis. You agree and undertake to pay the applicable Subscription Fee, which is based on the number and type of Databases you select. You are obliged to pay the Subscription Fee regardless of whether we identify any Conflicting Mark in the given subscription period, i. e. Subscription Fees are remuneration for proper performance of the Services, not for finding all Conflicting Marks. 

The subscription period for the Paid Services may vary depending on which plan you choose. Your payment date may be adjusted in certain circumstances, such as unsuccessful payment settlement, changes to your subscription plan, or if your initial subscription began on a day not contained in a given month. 

Payment for the Premium Services may be realized by card payment.

We may change the Subscription Fees from time to time. We will notify you at least one month before any price change to your subscription plan will become effective. If you do not wish to accept the price change or change to your subscription plan, you may cancel your subscription before the change takes effect. If you choose to cancel your subscription, Clause 7.2 shall apply accordingly. If you will not cancel your subscription, but will not pay, Clause 6.5 shall apply accordingly. 

Failure to pay Subscription Fees may result in the suspension, limitation or termination of your access to the Paid Services. In other words, payment of the Subscription Fee is required to maintain access to the Paid Services. Paid Subscription Fees are non-refundable.

You may cancel your subscription of the Paid Services and you will continue to have access to them until the end of your pre-paid subscription period. You may choose to use the Basic Services after the expiration of the subscription period. Paid Subscription Fees are non-refundable and we do not provide refunds or credits for any partial subscription periods or unused Paid Services. To cancel, go to the “Account” page and follow the instructions for cancellation.

You are responsible for providing true, accurate, complete and updated information and details about Marks and Trademarks (Portfolio) that you wish to Monitor. We are not responsible for any untrue, inaccurate, incomplete or outdated nature of the information and data submitted or uploaded by you. 

You acknowledge that the Services are intended to assist you in maintaining validity of your Trademark and in identifying Conflicting Marks, but do not constitute legal advice. If conflict arises, we recommend consulting with a qualified attorney for legal advice regarding trademark conflicts and intellectual property matters.

We are not liable for any damage or wrongdoing caused by untrue, inaccurate, incomplete, misleading or outdated information provided by you and you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with such information.

To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to actual damage, loss of profits, data, or goodwill, arising out of or related to provision of the Services.

If the liability of the Provider occurs, the Provider’s aggregate liability shall in no event exceed the total amount paid by the Customer in Subscription Fees for the Paid Services in twelve months preceding the event giving rise to the liability. No liability of the Provider shall occur in relation to the Basic Services. 

The provider will not be in default with the performance of its obligation if the Provider fulfils its obligation within an additional period of 3 days. Early fulfilment of an obligation by the Provider does not constitute a breach of its obligations.

All content displayed on the Website, including but not limited to text, graphics, logo, icon, image, audio and video clip, data compilation, software, and other material, is the exclusive property of the Provider or its licensor and is protected by the Copyright Act, as well as other applicable intellectual property laws.

You are not granted any rights to use, modify, reproduce, distribute, or create derivative works from any content or material displayed on the Website, except with prior written consent from the Provider. Unauthorized use of such content constitutes an infringement of intellectual property rights and may result in legal action under applicable laws.

Any trademark, service mark, logo, sign, designation, brand name, trade name or other distinctive branding element of the Provider or its licensor displayed on the Website is the exclusive property of the Provider or its licensors and is protected by the Act on Trademarks, Commercial Code and other applicable laws on intellectual property. You are not granted any license or right to use any such distinctive branding element, except with prior written consent from the Provider. Unauthorized use of any such distinctive branding element constitutes an infringement of intellectual property rights and may result in legal action under applicable laws.

Any infringement of the Provider’s or its licensor’s intellectual property rights under this Clause of Terms or other, may result in civil or criminal liability, including but not limited to claims for damages, injunctions, or other remedies available under Slovak law.

Marks, Trademarks or other proprietary information you upload within the Portfolio for Monitoring remain your property. By uploading, you grant us a non-exclusive, worldwide, without limitation in scope, royalty-free license to use, store and process these uploaded Marks, Trademarks and other proprietary information for the purpose of performing the Services, in accordance with these Terms. 

If you believe that any content displayed on the Website violates your intellectual property rights, please notify us at [email protected] with the following information:

We will respond to such notices in accordance with the procedures set out in the Copyright Act and other applicable intellectual property laws. We reserve the right to remove any content that infringes third-person intellectual property rights without prior notice.

For the avoidance of any doubt, violation of these Terms, in particular infringement of the Provider’s or its licensor’s intellectual property rights or failure to pay Subscription Fees constitutes a material breach of agreement between the Customer and the Provider. 

We reserve the right to suspend, limit, or terminate your access to Basic Services at any time, with or without notice, if you violate these Terms. Upon termination of the Basic Services, the agreement between us arising out of or related to it shall automatically cease to exist and we may also suspend, limit, or terminate access to your Account. Any rights or obligations that have accrued prior to termination shall survive such termination. 

We reserve the right to suspend, limit, or terminate your access to Paid Services at any time, with or without notice, if you violate these Terms or fail to pay Subscription Fees. Upon termination, your access to Paid Services will cease, and no refunds will be issued. Your access to the Account and Basic Services should remain unaffected by such termination, but we reserve the right to suspend, limit, or terminate access to your Account if you violate these Terms in a serious manner. 

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on the Website. Your continued use of the Services following the posting of changes constitutes your acceptance of the modified Terms. We will notify you in advance before any change to these Terms will become effective. If you do not wish to accept the change, you may cancel your subscription before the change takes effect. If you choose to cancel your subscription, Clause 7.2 shall apply accordingly.

We shall not be held liable for any failure or delay in the performance of our obligations under these Terms if such failure or delay results from an event beyond our reasonable control (“Force Majeure Event”). These events include, but are not limited to, natural disasters, acts of government or state, war, civil unrest, terrorism, strikes or labour disputes, interruptions in telecommunication or internet services, failures of third-party providers, epidemics, pandemics, cyber-attack, virus, malware, spyware or any other event that cannot be foreseen, prevented, or controlled.

If a Force Majeure Event occurs, our obligations will be suspended for the duration of the event. We will make reasonable efforts to minimize the impact of such events and resume performance as soon as possible. If a Force Majeure Event persists for more than 90 consecutive days, either party may terminate the affected Services by providing written notice to the other. In event of such termination Clause 13 shall apply accordingly.

These Terms shall be governed by and construed in accordance with the laws of the Slovak Republic, without giving effect to any provisions of conflicts of law that would require the application of the laws of another jurisdiction. 

The Commercial Code shall apply to the matters not regulated by these Terms. 

Any disputes arising from or related to these Terms or use of the Website or Services shall be subject to the exclusive jurisdiction of courts of the Slovak Republic.

All communication between the Provider and the Customer, including notices, updates, and other information related to the Services, will be conducted via the email address provided by the Customer during the registration of the Account. The Customer is responsible for ensuring that its email address is accurate and kept up to date.

You agree to the delivery of all documents and communication exclusively in electronic form. By entering your phone number on the Website, you agree to receive alerts or other communication by SMS or to be contacted by phone. 

Communication performed in the aforementioned manner shall be deemed to have been delivered to the party to whom it is addressed if it was received by the addressee in a legible and comprehensible form no later than the business day following the day on which the document was sent.

If you wish to stop receiving SMS messages from the Provider in the US region, please email [email protected]. The Customer is responsible for regularly checking the email for any communication from the Provider. The Provider is not responsible for any failure by the Customer to receive communication due to issues such as incorrect email information, spam filters, or other email delivery issues.

The Customer is obliged to promptly notify the Provider of any change to the email address registered with their Account. Failure to provide such notice will result in the Customer bearing full responsibility for any loss or delay in receiving communication from the Provider.

The Provider may request a read receipt or confirmation from the Customer that the communication has been received. However, failure to respond does not invalidate the delivery of communication if it has been sent in accordance with these Terms.

If you have any questions or concerns about these Terms or Services, please contact us at [email protected] or (+421) 2 3345 6574.

If any provision of these Terms is or becomes invalid, unenforceable, or ineffective, such invalidity, unenforceability, or ineffectiveness shall not affect the validity, enforceability, or effectiveness of the remaining provisions. The Provider shall use reasonable efforts to replace any invalid, unenforceable, or ineffective provision with a valid, enforceable, and effective provision that reflects the original intent of such provision.

These Terms become valid and effective upon their publication on the Website.