Fikri Mülkiyet Politikası

1.1. This Intellectual Property Policy (the "Policy") describes the ownership of the intellectual and industrial property rights over Votinova (the "Platform"), an interactive presentation and real-time audience voting software service, as well as the conditions of use of those rights by the Customer and the Users.

1.2. The Platform is provided by Atbion OÜ — a limited liability company (Osaühing) incorporated under Estonian law, with registry code 16890390, VAT number EE102728154 and registered office at Ahtri tn 12, Kesklinna linnaosa, Tallinn 15551, Harju maakond, Estonia ("Atbion").

1.3. All intellectual and industrial property rights over the Platform and its components are owned by Atbion or its licensors. In particular, and without limitation, the following are owned by Atbion or its licensors:

(a) the software of the Platform, its source and object code, its architecture and its operating logic; (b) the presentation conversion engine that transforms the imported PowerPoint (PPTX) files into an internal display format with visual fidelity; (c) the web and mobile interfaces, the Microsoft PowerPoint add-in and the corresponding application programming interfaces (API); (d) the graphic design, the look and feel, the visual elements, the icons and the documentation of the Platform; (e) the databases and the data structures created and maintained by Atbion, as well as their selection and arrangement; (f) the trademarks, names, logos and other distinctive signs of the Platform.

1.4. This Policy forms an integral part of the Terms of Service and must be interpreted consistently with them. This Policy applies both to Customers acting as businesses or professionals ("B2B") and to those acting as consumers ("B2C"); where a provision applies solely to one of these groups, this will be expressly indicated.

2.1. Subject to compliance with the Terms of Service and to payment of the amounts corresponding to its Plan, Atbion grants the Customer a limited, non-exclusive, non-transferable and revocable right of use over the Platform, for the term of the contract.

2.2. The licence is granted in accordance with the contracted Plan (FREE, PRO, TEAM or ENTERPRISE) and the applicable usage limits, and solely for the purposes set out in the Terms of Service: to create, import and run interactive presentations and to allow the Audience to respond in real time.

2.3. Save to the extent expressly permitted by mandatory law or by these documents, the Customer and the Users may not:

(a) copy, reproduce, distribute or communicate to the public the Platform or its components outside the authorised use; (b) modify, adapt or create derivative works of the Platform's software; (c) reverse-engineer, decompile or disassemble the software, save in the cases permitted by applicable law; (d) assign, sublicense, lease or otherwise make the Platform available to third parties; (e) remove, conceal or alter the intellectual property notices or the trademarks of the Platform.

2.4. Upon termination of the contract or of the subscription, the right of use ceases automatically. The retention and deletion of data following termination are governed by the Privacy Policy and, for Participants' data, by the Data Processing Agreement.

3.1. "Votinova" and "Atbion" are trademarks of Atbion OÜ. The logos, trade names and other distinctive signs associated with the Platform are likewise owned by Atbion.

3.2. The use of Atbion's trademarks without its prior written authorisation is prohibited, including their use in names, domain names, meta-tags, products or services, or in any manner that may create confusion as to the origin or suggest a non-existent association, sponsorship or endorsement.

3.3. Other trademarks, trade names and distinctive signs that may appear on the Platform belong to their respective owners. Their mention does not imply any connection or endorsement between Atbion and those owners.

4.1. For the purposes of this Policy, "User Content" means the content that Users or Participants create, upload or contribute to the Platform, including, among others: the presentations, the imported PowerPoint (PPTX) files, the questions, the associated materials and the Participants' responses, votes and Q&A contributions.

4.2. The ownership of the User Content remains with the User or with whoever holds it in accordance with the law. Atbion claims no ownership of the User Content.

4.3. For the sole purpose of providing the service, the User grants Atbion a limited, non-exclusive, worldwide and royalty-free licence to host, store, reproduce, technically transform (for example, to convert the imported presentations into its internal display format) and display the User Content to the Audience of the relevant session. This licence is granted only to the extent necessary to operate and maintain the Platform, and ends when the content is deleted, save to the extent strictly necessary for backups or for compliance with legal obligations.

4.4. The User represents and warrants that it holds all the rights, licences and authorisations necessary over the User Content it contributes, and that its use on the Platform does not infringe intellectual or industrial property rights or other third-party rights, nor applicable law.

4.5. Atbion does not carry out prior and general monitoring of the User Content, but it applies moderation measures —including assisted automatic filters and human review— and may remove content or disable access to it in accordance with the Content and Moderation Policy, with this Policy and with Regulation (EU) 2022/2065 (Digital Services Act — DSA).

5.1. The Platform incorporates third-party software components, including open-source components, which are used in accordance with their respective licences. Those components are owned by their respective owners and are governed by the licence conditions applicable to them.

5.2. In the event of a discrepancy between this Policy and the licence conditions of a third-party component in respect of that component, the licence conditions of the component shall prevail for that component.

5.3. Atbion respects the obligations arising from the licences of the third-party components and retains, where those licences so require, the corresponding authorship and licence notices.

6.1. Atbion respects the intellectual and industrial property rights of third parties and has a notice-and-takedown procedure consistent with Article 16 of Regulation (EU) 2022/2065 (DSA).

6.2. Any rights holder, or anyone acting on their behalf, who considers that content hosted on the Platform infringes their intellectual or industrial property rights may notify Atbion at the address legal@votinova.com, including in their communication:

(a) the identification of the allegedly infringed right and, where applicable, proof of its ownership or of the representation held; (b) the identification and precise location of the allegedly infringing content on the Platform (for example, the presentation, the question or the session, and the corresponding link or reference); (c) the contact details of the notifier (name and email address); (d) a statement that the notifier is acting in good faith and considers the information provided to be accurate and complete.

6.3. Atbion will acknowledge receipt of the notification without undue delay and will examine it in a diligent, objective and non-arbitrary manner. Where the notification is sufficiently substantiated, Atbion will adopt the proportionate measures that may be appropriate, which may include the removal of the content or the disabling of access to it, and will inform the affected parties of its reasoned decision in accordance with Article 17 of the DSA.

6.4. Counter-notification. The User whose content has been removed or whose access has been disabled may submit a reasoned counter-notification to legal@votinova.com, setting out the reasons why it considers the removal to be unjustified. Atbion will examine the counter-notification and, if it considers it well-founded, may reinstate the content. The internal complaint and dispute resolution mechanisms are detailed in the Dispute Resolution Policy.

7.1. Atbion applies, in a proportionate manner and with prior warning where appropriate, measures against Users who repeatedly infringe third parties' intellectual or industrial property rights.

7.2. These measures may include, depending on the seriousness and the repetition of the conduct, the removal of the content, the limitation or suspension of functionalities and, in cases of manifest recidivism, the termination of the account of the User or of the Organisation, in accordance with the Terms of Service and Article 23 of Regulation (EU) 2022/2065 (DSA).

8.1. The Customer and the Users may voluntarily submit to Atbion comments, ideas, proposals or suggestions about the Platform (the "Feedback").

8.2. The Feedback is deemed non-confidential. By submitting it, the Customer or the User grants Atbion a worldwide, perpetual, irrevocable, royalty-free and transferable licence to use, reproduce, modify and incorporate such Feedback into the Platform or into any other Atbion product or service, with no obligation of compensation, attribution or confidentiality whatsoever.

8.3. The Feedback does not transfer to Atbion the ownership of the User Content or of the pre-existing rights of the Customer or the User other than the Feedback submitted itself.

All rights not expressly granted in this Policy or in the Terms of Service are reserved to Atbion and its licensors. No provision of this Policy shall be construed as the assignment or grant, express or implied, of any right over the Platform other than the limited right of use expressly granted.

10.1. This Policy is governed by Estonian law and, where applicable, by the law of the European Union.

10.2. For B2B Customers, any dispute relating to this Policy shall be submitted to the exclusive jurisdiction of the courts of Tallinn, Estonia (Harju Maakohus), without prejudice to Regulation (EU) 1215/2012 (Brussels I bis).

10.3. For consumer Customers, the foregoing does not deprive them of the protection of the mandatory provisions of their country of habitual residence or of the jurisdiction of the courts of that country in accordance with the law of the European Union.