Markpilot

MARKPILOT TERMS OF SERVICE AND USE

I. Identification of your contracting party

Name and legal form:
RUXO LTD, a private limited company incorporated under the laws of England and Wales, operating the Markpilot platform and brand.

Registered office:
21 Bellamy Street, London SW12 8BT, United Kingdom.

VAT number:
VAT No. 503 2046 47

Email address:
info@mark-pilot.com

In these Terms, RUXO LTD is referred to as "Markpilot".

II. Definitions

Capitalised terms defined below, whether used in the singular or the plural, have the following meanings:

"Account" means the User's personal area on the Platform through which the User accesses the features and Services available to it.

"Alert" means any detection notified to the Customer under the Watch Service concerning an identical or similar mark that may be relevant to the watched Mark.

"Analysis" means the analysis carried out by Markpilot on the basis of the information provided by the User concerning its proposed Mark. It includes, in particular, an assessment of the distinctive character of the Mark, the identification of the relevant classes in light of the activities described and a search for identical earlier marks at European Union level.

"Consultation" means the one-off legal consultation offered on the Platform and provided by a Legal Partner, in particular to advise the Customer on a question relating to the distinctive character of the Mark, the existence of earlier rights, or the classes or goods and services to be protected.

"Customer" means any natural or legal person acting for purposes relating to its trade, business, craft or profession who purchases a Package from Markpilot.

"EUIPO" means the European Union Intellectual Property Office.

"Filing Draft" means the file prepared by Markpilot for the filing of the Mark and submitted to the Customer for approval. It includes, in particular, the sign to be protected, the identity of the Owner, the territory, the languages of the proceedings, the classes and the list of goods and services to be protected.

"Mark" means the sign that the User wishes to register as a European Union trade mark, in particular as a word mark, a figurative mark or a figurative mark containing word elements.

"Markpilot" means RUXO LTD, the company operating the Markpilot Platform and providing the Services described in these Terms.

"Official Fees" means the fees payable to the EUIPO for filing the Trade Mark Application, which are included in the Package within the limits indicated at the time of the order.

"Owner" means the natural person, company or organisation designated as the owner of the Mark and in whose name the Trade Mark Application is filed.

"Package" means the service package selected by the Customer from those offered on the Platform at the time of the order.

"Legal Partner" means the lawyer or intellectual property attorney entitled to act before the EUIPO who is selected by Markpilot and who, on the Customer's instructions, files the Trade Mark Application in accordance with the Filing Draft approved by the Customer. The Legal Partner's engagement is limited to carrying out the filing, unless additional services are expressly agreed with it.

"Platform" means the website, software, interfaces and features operated under the Markpilot brand through which the Services are accessed.

"Premium Package" means the Package including the additional Services and benefits described on the Platform at the time of the order, including, where applicable, priority processing and a Watch Service.

"Services" means all features and services offered by Markpilot on the Platform, whether free of charge or as part of a Package. They include, in particular, the Analysis, the preparation of the Filing Draft, the drafting of the goods and services, the organisation of the filing with the EUIPO, the follow-up of the Trade Mark Application and, where applicable, the Watch Service.

"Standard Package" means the Package whose content and features are described on the Platform at the time of the order.

"Terms" means these terms of service and use governing the use of the Platform and the Services provided by Markpilot.

"Trade Mark Application" means the application for registration of a European Union trade mark filed with the EUIPO in accordance with the Filing Draft approved by the Customer.

"User" means any person who accesses the Platform or uses the Services, whether or not that person has created an Account or purchased a Package.

"Watch Service" or "Watch" means the service for detecting identical or similar marks within the territory of the European Union and within the scope of the classes covered by the Mark, where it is included in the Package purchased or ordered separately.

Article 2. Purpose

These Terms set out the conditions governing access to and use of the Platform and the provision of the Services by Markpilot to the Customer.

They govern the entire contractual relationship between Markpilot and the Customer.

The Services are intended exclusively for Customers acting for professional purposes. They are not offered to consumers.

Article 3. Role and operation of Markpilot

Markpilot operates the Platform and provides the Services that enable the User, and subsequently the Customer, to prepare and organise the filing of its European Union trade mark.

The Platform relies in particular on automated digital processing tools, language models and other algorithmic technologies. Depending on the features used, these may include artificial intelligence systems.

These tools may be used to analyse and structure the information provided by the User, identify relevant classes, cross-check against available data, generate or rephrase descriptions, and prepare proposed goods and services or any other elements necessary for the provision of the Services.

The output of these tools depends in particular on the information provided by the User, the data available and the inherent limitations of automated processing. It does not constitute a guarantee as to the outcome of any filing and is subject to the limitations set out in these Terms.

The Filing Draft is prepared on the basis of the information, choices and instructions provided by the Customer and is subject to the Customer's approval before any filing.

Markpilot does not act as the Customer's representative before the EUIPO. The filing is carried out by a Legal Partner in accordance with the Filing Draft approved by the Customer.

Article 4. Analysis and scope of the Analysis

Markpilot carries out the Analysis on the basis of the information provided by the User and the data available at the time of the Analysis.

The Analysis includes, in particular, an assessment of the distinctive character of the Mark, the identification of the relevant classes in light of the activities described and a search for identical earlier marks at European Union level.

The search for earlier marks does not constitute a comprehensive clearance search. In particular, it does not cover all similar marks, national rights or other earlier rights that may affect the filing, registration or use of the Mark.

The results of the Analysis depend in particular on the accuracy and completeness of the information provided by the User. They also depend on the availability, accuracy and currency of the registers and databases consulted.

The assessment of distinctive character is without prejudice to any assessment that may be made by the EUIPO.

Markpilot is bound by an obligation of means (obligation de moyens) in carrying out the Analysis. The Analysis does not constitute a guarantee of the availability of the Mark, of its registration, or of the absence of earlier rights or third-party challenges.

Article 5. Consultation with a Legal Partner

The Platform may allow the Customer to request a Consultation with a Legal Partner where the Customer wishes to obtain further advice on its proposed Mark.

The Consultation may cover, in particular, the distinctive character of the Mark, the existence or scope of an identified earlier right, the choice of classes, and the classification or wording of the goods and services to be protected.

The Consultation is optional. It constitutes a service separate from the Services included in the filing Package, unless expressly stated otherwise on the Platform.

The Consultation is provided by a Legal Partner designated by Markpilot from among those available. It takes place by videoconference for a maximum duration of twenty-five (25) minutes.

The Customer books its slot using the booking tool made available on the Platform. The slots offered depend on the availability of the Legal Partners. The Customer has no right to choose the Legal Partner who conducts the Consultation. Markpilot does not guarantee the availability of an appointment on any particular date or at any particular time.

The price of the Consultation is the price shown on the Platform at the time of the order. It is payable before the booking or before the Consultation takes place, according to the process offered on the Platform. The Consultation does not involve any subscription.

Payment for the Consultation entitles the Customer to book a slot from among those offered on the Platform within one (1) month of payment.

The price of the Consultation is not refundable merely because the Customer waives the Consultation or decides not to pursue its proposed Mark.

Once the Customer has booked a slot, it may request one rescheduling free of charge. The request must be made at least twenty-four (24) hours before the scheduled time of the Consultation and is subject to slot availability.

Any cancellation or rescheduling request made less than twenty-four (24) hours before the appointment entitles the Customer neither to a refund nor to a new slot.

If the Customer fails to attend the appointment or connects more than fifteen (15) minutes after the scheduled time, the Consultation is deemed to have been provided and its price remains due in full and non-refundable.

If the Customer is less than fifteen (15) minutes late, the Consultation may take place for the time remaining until the originally scheduled end time. There is no obligation to extend its duration.

Connection, equipment or communication difficulties on the Customer's side do not give rise to a refund. Markpilot or the Legal Partner may nevertheless offer a new slot as a commercial gesture, without any obligation to do so.

Where the Consultation cannot take place due to circumstances attributable to Markpilot or the Legal Partner, the Customer is offered a new slot at no additional cost. If no new slot can reasonably be offered, the price of the Consultation is refunded.

Where the Customer has not booked any slot within one (1) month of payment, its right to the Consultation expires without refund. This does not apply where the failure to book results from an impediment attributable to Markpilot or from the unavailability of the Legal Partners.

By booking a Consultation, the Customer instructs Markpilot to transmit to the Legal Partner the information reasonably necessary for the preparation and conduct of the Consultation. This includes information relating to the Mark, the activity described, the Analysis, the classes identified, any earlier rights detected, and the contact details and questions provided by the Customer.

The Legal Partner acts under an obligation of means. Its assessment is based on the information provided by the Customer, the elements available at the time of the Consultation and the necessarily limited scope of a twenty-five-minute consultation.

In particular, the Consultation does not constitute a comprehensive clearance search. Nor does it constitute a guarantee of the availability, filing or registration of the Mark, or a guarantee that there will be no objection by the EUIPO or challenge by a third party.

Unless expressly agreed otherwise with the Legal Partner, the Consultation is limited to the question or questions submitted in its context. It does not constitute a general engagement to advise, represent or follow up on the matter.

Any amendment to the Filing Draft resulting from the Consultation must be incorporated and approved by the Customer before the Trade Mark Application is filed.

Article 6. Customer's obligations and liability

The Customer is responsible for the information, documents, choices and instructions it provides in connection with the Services.

In particular, the Customer undertakes to:

  • provide accurate, complete and up-to-date information regarding the Mark, the Owner and the activities it wishes to protect;
  • hold the rights and authorisations necessary in respect of the names, logos, images and other elements provided;
  • carefully check the Filing Draft submitted to it and report any error or required amendment before approving it;
  • respond in good time to any request for information or instructions necessary for the performance of the Services.

Where the User or the Customer acts on behalf of a separate Owner, it represents and warrants that it holds all powers and authorisations necessary to act on the Owner's behalf in connection with the Services. This includes, in particular, the powers to provide the Owner's information, approve the Filing Draft and instruct the filing of the Trade Mark Application.

The Customer shall ensure that any person using the Account on its behalf or on behalf of the Owner holds the necessary powers to do so.

The Customer remains solely responsible for the description of the activities it wishes to protect. It is also solely responsible for approving the Filing Draft prepared on the basis of the information it has provided.

Approval of the Filing Draft constitutes confirmation that the Mark, the identity of the Owner, the classes and the goods and services designated correspond to the Customer's instructions. It also constitutes an instruction to proceed with the filing on that basis.

Markpilot and the Legal Partner are entitled to rely on the information, statements and elements thus provided and approved by the Customer. They are not required to verify the existence or extent of the powers claimed by the Customer, unless mandatory law requires otherwise.

Markpilot and the Legal Partner shall not be liable for the consequences of any incorrect, incomplete, inaccurate or late information, statement or instruction, or of any choice made or approval given by the Customer.

Article 7. Packages, prices and payment

The content of the Services, their price and any additional services are those indicated in the Package selected by the Customer at the time of the order.

By purchasing a Package, the Customer represents and warrants that it acts exclusively for professional purposes and does not act as a consumer in connection with the Services.

Before completing its order, the Customer must expressly accept these Terms by ticking the checkbox provided for that purpose on the Platform.

The order becomes final and the contract is concluded when Markpilot receives confirmation of actual payment of the price of the Package.

Unless otherwise indicated, the price includes:

  • the services expressly provided for in the Package;
  • the Legal Partner's fees for filing the Trade Mark Application;
  • the Official Fees corresponding to the number of classes ordered.

The price is payable in full at the time of the order.

Payment processing

Payments made on the Platform are processed by a third-party payment service provider using its own infrastructure and in accordance with its own operating terms.

Markpilot does not act as a payment service provider. It does not handle the authorisation, or the banking or technical processing, of payment transactions.

Payment method details are provided directly to the payment service provider in accordance with that provider's own terms and privacy policies.

Markpilot shall not be liable for any refusal of authorisation, blocking, delay, interruption, unavailability or other incident affecting a payment transaction where it results from the payment service provider, the Customer's bank, a payment network or any other third party.

The Customer is responsible for ensuring the validity of its payment method and the availability of the necessary funds. In the event of any difficulty specific to the processing of the transaction, the Customer shall contact its bank or the relevant payment service provider directly.

Until Markpilot has received confirmation of actual payment, the order may not be treated as completed and Markpilot is not required to commence performance of the Services.

In the event of cancellation, rejection, chargeback, dispute or subsequent reversal of a payment, Markpilot may immediately suspend performance of the Services until all amounts due have been paid in full.

Any abusive or unjustified dispute of a payment does not release the Customer from its payment obligation.

Article 8. Cancellation and refunds

The Packages are intended exclusively for professional Customers. Accordingly, the Customer does not benefit from the right of withdrawal applicable to consumers. The order is binding upon confirmation.

The Customer acknowledges that performance of the Services begins immediately after the order. The Services are performed on the basis of the information and choices previously provided by the Customer. From their commencement, they involve processing, analyses and work carried out specifically for the Customer's proposed Mark.

The fact that certain results or elements of the Services are presented to the Customer at later stages on the Platform does not affect the fact that their preparation or processing may have begun upon the order.

The following do not give rise to a refund of Services already performed or commenced, or of any costs or Official Fees already incurred:

  • abandonment of the project;
  • a change of Mark;
  • the Customer's decision not to pursue the filing.

Where a cancellation request is made before the Filing Draft is transmitted to the Legal Partner, only the portion of the price corresponding, where applicable, to Services not yet performed or commenced and to costs not yet incurred may be refunded.

Once the Filing Draft has been approved and the filing instruction has been transmitted to the Legal Partner, no refund is due, except in the event of non-performance attributable to Markpilot.

Article 9. Performance of the Services and involvement of the Legal Partner

The Customer instructs Markpilot to organise the filing of the Trade Mark Application in accordance with the Filing Draft approved by the Customer.

To that end, the Customer authorises Markpilot to transmit to the Legal Partner selected by Markpilot the Filing Draft, the Customer's contact details and any information or instructions necessary to carry out the filing.

Where the Customer is not itself the Owner, the filing instruction is given on the basis of the Customer's statement that it holds the powers necessary to act on behalf of the Owner.

The Legal Partner is responsible for filing the Trade Mark Application with the EUIPO, in the name of the Owner, in accordance with the Filing Draft approved by the Customer.

The Legal Partner is entitled to rely on the information and elements contained in the Filing Draft as approved.

Unless expressly agreed otherwise, the Legal Partner's engagement is limited to carrying out the filing. It does not include any fresh assessment of the availability of the Mark, the filing strategy, the classes or the goods and services to be protected. This is subject to any mandatory legal or professional obligations applicable to the Legal Partner.

The Customer acknowledges that the Trade Mark Application is filed on the basis of the Filing Draft it has approved. The Customer assumes responsibility for that Filing Draft under the conditions set out in these Terms.

Markpilot organises the file and transmits it to the Legal Partner, but does not itself represent the Customer before the EUIPO.

Article 10. Timeframes

Markpilot uses reasonable means to perform the Services within the timeframes indicated on the Platform for the Package purchased.

These timeframes start to run once all of the following conditions are met:

  • the necessary information has been provided;
  • the Filing Draft has been approved;
  • where applicable, the Customer has given the necessary authorisations.

The timeframes indicated are processing targets. They do not constitute a guarantee of performance or filing within a specific period.

They may be affected, in particular, by a request for additional information, an exceptional workload, technical unavailability, the involvement of the Legal Partner or the EUIPO, or any other circumstance reasonably beyond Markpilot's control.

Markpilot and the Legal Partner are bound by an obligation of means as regards compliance with these timeframes. They shall not be liable for any delay not directly attributable to them.

Article 11. Watch Service: term, renewal and termination

Where the Package purchased includes a Watch Service, Markpilot shall, for the term provided in the Package, detect identical or similar marks that may be relevant to the watched Mark.

Where the Premium Package includes a first year of Watch, that year runs from the filing of the Trade Mark Application.

At the end of this first period, the Watch Service is automatically renewed for successive one-year periods at the rate set out in the Package, unless terminated by the Customer.

The Customer may terminate the Watch Service from its Account or by sending a request to Markpilot no later than thirty (30) days before the renewal date. Termination takes effect at the end of the current annual period. It does not give rise to any pro rata refund for that period.

Failing termination within that period, the Watch Service is renewed for a further one-year period.

The Watch is carried out on the basis of the data available in the registers and databases consulted. It is provided under an obligation of means. It does not guarantee the detection of all filings that may affect the Mark, nor the completeness or currency of the data consulted.

Alerts are made available to the Customer in its Account. It is for the Customer to review them and to assess whether it wishes to request an analysis or take action against a detected mark.

Unless otherwise provided in the Package, the Watch Service does not include any legal analysis of Alerts, the filing of an opposition, the sending of a cease-and-desist letter or any other action. The Customer remains responsible for forwarding, in good time, any Alert it considers relevant to the Legal Partner or to the adviser of its choice.

Markpilot shall not be liable for the consequences of the Customer's failure to review an Alert or to instruct a professional within the relevant time limits.

Article 12. Renewal and maintenance of the Mark

The engagement entrusted to the Legal Partner as part of the Services is limited to filing the Trade Mark Application in accordance with the Filing Draft approved by the Customer.

Unless an additional engagement is expressly agreed, neither Markpilot nor the Legal Partner monitors any subsequent deadlines relating to the Mark. This includes, in particular, its renewal, its maintenance and any other formality that may be required after filing.

It is exclusively for the Customer or the Owner to monitor these deadlines and to give the necessary instructions, in good time, to the Legal Partner or to any other adviser of its choice.

Any involvement of the Legal Partner after filing requires a separate instruction or engagement.

Markpilot and the Legal Partner shall not be liable for the loss, expiry or revocation of the Mark, or for any other consequence resulting from the absence of, or delay in, an instruction from the Customer or the Owner.

Article 13. No guarantee of registration; subsequent proceedings

Filing the Trade Mark Application does not guarantee its registration.

Registration depends, in particular, on the examination carried out by the EUIPO, on the possible existence of earlier rights and on any intervention by third parties.

The Legal Partner's engagement under the Package is limited to filing the Trade Mark Application. Any subsequent involvement requires a separate instruction and engagement from the Customer or the Owner. This applies, in particular, in the event of an objection, opposition, appeal or any other proceedings.

Where the Premium Package provides for preferential rates for such additional services, those rates apply exclusively to services entrusted to the Legal Partner who filed the Trade Mark Application.

These additional services are agreed and invoiced separately between the Customer and that Legal Partner. They are not included in the price of the Package, unless expressly stated otherwise.

The Customer remains free to entrust any post-filing work to another lawyer or qualified intellectual property attorney of its choice. In that case, the rates negotiated under the Premium Package do not apply.

Markpilot and the Legal Partner shall not be liable for any refusal of registration, opposition, limitation or other decision or action by the EUIPO or a third party.

Article 14. Liability

Markpilot and the Legal Partner are each bound by an obligation of means in respect of the services falling within their respective roles.

14.1. Liability of Markpilot

Markpilot may be held liable only in the event of a fault directly attributable to it, and only for the direct damage resulting from that fault.

In particular, Markpilot shall not be liable for any consequences resulting from:

  • the information, documents, instructions, choices or approvals of the Customer or the Owner;
  • the existence of earlier rights or any action by a third party;
  • any decision, notification, unavailability or malfunction of the EUIPO, a register, a database or any other third-party service;
  • any act or omission falling within the Legal Partner's own engagement;
  • any event reasonably beyond Markpilot's control.

14.2. Liability of the Legal Partner

The Legal Partner's engagement is limited to filing the Trade Mark Application on the basis of the Filing Draft approved by the Customer.

The Legal Partner is entitled to rely on the information, instructions and elements thus approved. Unless separately engaged, the Legal Partner is not responsible for carrying out any fresh assessment of the availability of the Mark, the Customer's activities, the classes, the goods and services or the protection strategy.

Subject to its mandatory legal and professional obligations, the Legal Partner therefore cannot be held liable for consequences resulting from the content of the Filing Draft approved by the Customer, the information provided by the Customer or the choices made by the Customer.

The Legal Partner does not guarantee the acceptance or registration of the Trade Mark Application. It is not liable for decisions of the EUIPO, the existence of earlier rights or actions brought by third parties.

14.3. General limitation

To the extent permitted by law, Markpilot and the Legal Partner shall not be liable for any indirect damage. This includes, in particular, any loss of turnover, profits, opportunities, customers or business.

Unless otherwise required by mandatory law, the total aggregate liability of Markpilot and/or the Legal Partner in respect of a Trade Mark Application shall not exceed the total amount actually paid by the Customer for the relevant Package, including Official Fees.

This cap applies to all claims relating to the same Trade Mark Application, whatever their nature or legal basis. It shall not be multiplied by reason of the number of events, claims or persons against whom claims are made.

The limitations set out in this Article do not apply where their application is prohibited by mandatory law.

Article 15. Force majeure

Markpilot and the Legal Partner shall not be liable for any delay or failure to perform resulting from force majeure or, more generally, from an event reasonably beyond their control.

Such events include, in particular, the following, to the extent they are reasonably beyond their control:

  • any unavailability or malfunction of the EUIPO, a register or a database;
  • a major failure of a network or of a technical service provider;
  • a cyberattack;
  • an interruption of electronic communications;
  • a measure taken by a public authority;
  • any other event temporarily or permanently preventing the normal performance of the Services.

The affected obligations are suspended for the duration of the event, and performance timeframes are extended accordingly.

If the event makes performance of the relevant Service permanently impossible, the following remain due: services already performed, and any Official Fees, costs or amounts already incurred or that have become non-recoverable. Where applicable, only the portion of the price corresponding to services not performed and to amounts not yet incurred may be refunded.

No further compensation may be claimed from Markpilot or the Legal Partner as a result of such an event.

Article 16. Platform availability

Markpilot uses reasonable means to ensure the availability and proper functioning of the Platform.

Access to the Platform may, however, be temporarily interrupted or restricted. This may occur, in particular, for maintenance, updates, technical incidents, the failure of a third-party provider or any other reason necessary for the Platform's operation or security.

Markpilot does not guarantee permanent, continuous or error-free access to the Platform.

Markpilot shall not be liable for any unavailability or malfunction that is not directly attributable to it or that does not substantially prevent the performance of the Services.

Article 17. Use of the Platform and intellectual property

The Platform and all its components are protected by the applicable intellectual property rights. This covers, in particular, its structure, features, software, content, texts, graphic elements and databases.

The Customer is granted only a personal, non-exclusive and non-transferable right to use the Platform for the purposes of the Services purchased.

In particular, the Customer shall not reproduce, copy, extract, misappropriate, commercialise, decompile or attempt to reconstruct all or part of the Platform, its features or its databases. This prohibition applies save with Markpilot's prior authorisation or as otherwise permitted by mandatory law.

The Customer retains all its rights in the Mark, logos, documents and other elements it provides in connection with the Services. It authorises Markpilot to use them to the extent necessary for the performance of the Services.

Article 18. Personal data

Markpilot processes the personal data necessary for the provision of the Services in accordance with applicable law and its Privacy Policy.

In the course of providing the Services, certain information provided by the User or the Customer may be subject to automated processing. It may be processed by means of language models or other algorithmic technologies used by Markpilot or by technical service providers acting on its behalf.

Such processing may be used, in particular, to:

  • prepare the description of the activity;
  • carry out the Analysis;
  • identify the relevant classes;
  • prepare the goods and services to be protected;
  • generate the various elements of the Filing Draft.

Where necessary for the performance of the Services, Markpilot may also transmit the relevant data and information to the Legal Partner and to the EUIPO.

Where a Consultation is ordered, the information reasonably necessary for its preparation and conduct may be transmitted to the Legal Partner conducting it.

The Customer undertakes to provide Markpilot only with the data necessary for the Services. Where the Customer provides data relating to a third party, it warrants that it is authorised to do so.

Detailed information on such processing is set out in the Privacy Policy available on the Platform. This includes the purposes, legal bases, categories of recipients, retention periods and, where applicable, transfers of data outside the European Economic Area.

Article 19. Suspension and termination of the Services

Markpilot may suspend access to all or part of the Services or to the Account in any of the following cases:

  • a breach of these Terms by the Customer;
  • non-payment;
  • abusive or fraudulent use of the Platform;
  • where such a measure is necessary for security or compliance reasons.

Where the breach is capable of remedy, Markpilot may invite the Customer to remedy it within a reasonable period before any suspension or definitive termination.

Suspension or termination of the Services does not affect obligations that have already arisen or amounts due for Services already performed or commenced.

Where the Trade Mark Application has already been filed, closure of the Account or termination of the Services does not affect the existence of the Trade Mark Application or the Owner's rights in it.

Article 20. Communications and evidence

Communications between Markpilot and the Customer may be made via the Account or to the email address provided by the Customer.

The Customer is responsible for the accuracy and updating of its contact details and for the confidentiality of its Account login credentials.

Approvals, instructions, authorisations and confirmations given from the Account are deemed to originate from the Customer, unless proven otherwise. They bind the Customer under the conditions set out in these Terms.

Data recorded by the Platform constitute evidence of the transactions carried out in connection with the Services. This includes, in particular, connection dates and times, orders, payments, approvals, instructions, authorisations and exchanges.

Electronic documents, approvals and communications have the same evidential value as their paper equivalents, to the extent permitted by law.

Article 21. Amendments to the Terms

Markpilot may amend these Terms, in particular to reflect changes to the Services, the Platform or applicable regulations.

The version applicable to a Package is the version accepted by the Customer at the time of its order.

Any subsequent amendment to the Terms does not apply retroactively to Services already ordered, unless the amendment is required by law or regulation.

Article 22. Governing law and jurisdiction

These Terms and all contractual relations between Markpilot and the Customer are governed by Belgian law.

Any dispute relating to their validity, interpretation, performance or termination that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the French-speaking courts of Brussels.

Article 23. Final provisions

These Terms, together with the Package purchased and the information approved by the Customer on the Platform, constitute the contractual agreement between Markpilot and the Customer in respect of the relevant Services.

The invalidity or unenforceability of any provision of these Terms shall not affect the validity of the remaining provisions.

Markpilot's failure to enforce any right or provision of these Terms at any given time shall not constitute a waiver of its right to do so subsequently.

These Terms may be made available in several languages. In the event of any discrepancy in interpretation between the different language versions, the French version shall prevail.

Version dated 24 September 2026