Terms of Service

for the use of Markencheck.ai

Last updated: March 2026

§ 1 Provider

The provider of Markencheck.ai is:

§ 2 Scope of Application

(1) These General Terms and Conditions apply to all contracts for the use of the Markencheck.ai platform between the provider and its customers.

(2) The services of Markencheck.ai are directed at both consumers within the meaning of § 13 BGB (German Civil Code) and entrepreneurs within the meaning of § 14 BGB.

(3) Deviating terms of the customer shall only apply if the provider has expressly agreed to their validity in writing.

§ 3 Subject Matter of the Contract

(1) Markencheck.ai is a digital research and analysis tool for AI-powered preliminary trademark searches.

(2) Users can enter desired brand names. The system analyzes possible similarities to existing trademarks, in particular based on phonetic, visual, and textual criteria as well as algorithmic comparison methods.

(3) The specific scope of services is determined by the product description displayed on the website, in the app, or in the ordering process at the time of the order.

(4) Free and paid access may differ in terms of scope, search quota, duration, functionality, and data sources.

§ 4 No Substitute for Legal Advice

(1) Markencheck.ai is exclusively a technical preliminary research tool for non-binding preliminary assessment of potential trademark similarities.

(2) The use of Markencheck.ai does not replace legal advice, an official search by a patent or trademark office, or a binding legal review.

(3) The results, comparison scores, assessments, and notices provided by Markencheck.ai have no legal binding effect and do not constitute a recommendation to register, use, or defend a trademark.

§ 5 Scope and Limitations of Services

(1) The provider endeavors to continuously provide and further develop the platform and the available search functions.

(2) However, the provider does not guarantee any particular research outcome, completeness of specific datasets, or that a searched name is free from third-party rights.

(3) Insofar as trademark registers, databases, third-party sources, or external technical services are integrated, the availability and timeliness of results also depend on these third-party sources.

(4) The provider is entitled to technically further develop, modify, or adapt functions, search methods, data sources, interfaces, or analysis logic, provided that the essential purpose of the contract is not unreasonably impaired.

(5) Beta features or features labeled as "in development", "planned", or similar are non-binding and may be changed, restricted, or removed.

§ 6 Registration and User Account

(1) The creation of a user account is required for certain features.

(2) The customer is obliged to provide truthful information during registration and to keep their access credentials confidential.

(3) The customer is responsible for all activities carried out through their user account, insofar as they are attributable to the customer.

(4) The provider is entitled to temporarily suspend or permanently deactivate user accounts in the event of violations of these Terms of Service or misuse.

§ 7 Contract Formation

(1) The display of services on the website or in the app does not constitute a binding offer, but an invitation to the customer to submit an offer.

(2) By completing the order process, the customer submits a binding offer to conclude a usage contract for the selected paid access.

(3) The contract is concluded when the provider accepts the order, in particular by providing access, activating the booked plan, or confirming receipt of payment.

(4) For free usage, the contract is concluded when the customer begins actual use of the provided free features.

§ 8 Prices, Payment, and Duration

(1) The prices stated in the respective order process apply.

(2) Unless otherwise stated, paid access involves one-time payments without automatic renewal.

(3) Access ends automatically upon expiry of the booked duration or upon full consumption of the booked quota, whichever occurs first.

(4) After expiry or consumption of a booked package, a new purchase is required for further use.

(5) Payment processing may be carried out through external payment service providers, in particular Stripe.

(6) If the customer defaults on a payment or a payment is charged back, the provider is entitled to suspend access until the matter is resolved.

§ 9 Free Usage and Quotas

(1) The provider may make certain features available free of charge.

(2) Free usage may be technically limited, in particular through search limits, IP-based restrictions, bot protection, or feature restrictions.

(3) There is no entitlement to the permanent or unchanged provision of free services.

§ 10 Prohibited Use

The customer is in particular prohibited from:

  1. circumventing technical safeguards, rate limits, access restrictions, or bot protection mechanisms,
  2. conducting automated mass searches, scraping, crawling, or other systematic queries without the express consent of the provider,
  3. using the platform or search results for unlawful purposes,
  4. commercially reselling, sublicensing, or providing search results or analyses to third parties as an independent database or competing product,
  5. using the platform in a manner that may impair its stability, security, or availability.
§ 11 Intellectual Property

(1) All rights to the platform, software, data structures, algorithms, user interfaces, analysis systems, and content of the provider remain with the provider or the respective rights holders.

(2) The customer only receives a simple, non-transferable, non-sublicensable right to use the platform within the scope of the contractually intended purpose.

(3) Reproduction, making publicly available, modification, or other exploitation beyond the contractually intended use is only permitted with the express consent of the provider.

§ 12 Availability

(1) The provider does not guarantee uninterrupted availability of the platform at all times.

(2) Maintenance, updates, security-related interruptions, technical disruptions, or temporary outages may occur at any time.

(3) Where possible, the provider will announce planned maintenance with reasonable advance notice.

§ 13 Liability

(1) The provider is liable without limitation for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.

(2) In cases of simple negligence, the provider is only liable for breach of a material contractual obligation (cardinal obligation). In such cases, liability is limited to the foreseeable, contract-typical damage.

(3) Otherwise, the provider's liability is excluded to the extent permitted by law.

(4) In particular, the provider is not liable for:

  • the actual registrability or protectability of a trademark,
  • the absence of trademark conflicts,
  • the completeness, accuracy, or timeliness of external register or third-party data,
  • business decisions made by the customer based on the provided results.

(5) The above limitations of liability also apply in favor of the provider's legal representatives, employees, and vicarious agents.

§ 14 Right of Withdrawal for Consumers

(1) If the customer is a consumer, they generally have a statutory right of withdrawal for paid distance contracts in accordance with the applicable legal provisions.

(2) The details are set out in the separate withdrawal instruction.

(3) If the consumer expressly requests that the provider begin providing services before the expiry of the withdrawal period, the provider may activate access early.

(4) If the consumer withdraws from the contract after having expressly requested that performance begin, the provider may claim compensation in accordance with the applicable legal provisions, provided the legal requirements are met.

(5) Entrepreneurs do not have a statutory right of withdrawal.

§ 15 Suspension and Extraordinary Termination

(1) The provider is entitled to temporarily or permanently suspend the customer's access if there is good cause.

(2) Good cause exists in particular in the event of:

  • violations of these Terms of Service,
  • abusive or unlawful use,
  • circumvention of technical safeguards,
  • significant false statements,
  • payment disruptions or chargebacks.

(3) Payment claims of the provider that have already arisen remain unaffected by a suspension.

(4) The provider reserves the right to delete user data after 180 days of inactivity. The user will be notified by email at their registered address before deletion.

§ 16 Changes to These Terms

(1) The provider is entitled to amend these Terms of Service with effect for the future, provided there is an objective reason, in particular in the event of changes in legislation, case law, technical changes, or further developments of the offering.

(2) For individual purchases already completed, the Terms of Service in the version included at the time of contract conclusion shall generally apply.

§ 17 Applicable Law and Jurisdiction

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) With respect to consumers, this choice of law shall only apply insofar as it does not deprive the consumer of the protection afforded by the mandatory provisions of the law of the state in which the consumer has their habitual residence.

(3) If the customer is a merchant, legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with this contractual relationship shall be Berlin.

§ 18 Final Provisions

Should individual provisions of these Terms of Service be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.