JollyCase upc

Terms & Conditions

Last updated: June 2026

These Terms govern the relationship between JollyCase BV and you, the professional user of the Service. By creating an account or using the Service, you accept these Terms in full.

Introduction and scope

  1. These terms and conditions (the “Terms”) govern the relationship between JollyCase BV, a company incorporated under Belgian law, with registered office at Steenstraat 30, 3530 Houthalen-Helchteren, Belgium, registered with the Crossroads Bank for Enterprises under number 1036.887.438 (“JollyCase”, “we”, “us” or “our”), and you, the professional user of the Service (“you” or the “User”).
  2. The “Service” means the JollyCase upc web application (a progressive web application accessible at upc.jollycase.eu), which makes available to professional users a reference layer over case law of the Unified Patent Court and primary legal texts such as the UPC Agreement and the Rules of Procedure, together with the related AI-generated decision summaries, case cards, per-decision AI chat, semantic search and bookmarking features. The Service is provided on a subscription basis.
  3. These Terms apply to any access to or use of the Service. By creating an account, by ticking the acceptance checkbox during the signup flow or by accessing or using the Service, you accept these Terms in full and they form a binding agreement between you and JollyCase. The Terms supersede any prior communications between you and JollyCase relating to the Service. Any general terms communicated by you (in a purchase order or otherwise) shall not apply and shall not bind JollyCase, even if referenced in your documentation or in a payment instrument.
  4. The Service is offered exclusively on a business-to-business basis. These Terms have been drafted on that basis and the provisions of Belgian and EU consumer protection law are not intended to apply. By accepting these Terms, you confirm that you act in the course of your professional activity and not as a consumer within the meaning of Book I of the Belgian Code of Economic Law.

Nature, intended use and limitations

  1. The Service is a professional reference tool intended for use by patent professionals in the preparation and support of their own work. Such patent professionals include in-house counsel and industry professionals, private practice attorneys and patent attorneys, patent examiners at the European Patent Office and at national patent offices, and academic researchers active in the field of patent law.
  2. The Service does not constitute, and is not intended to constitute, legal advice. The Service is not a substitute for independent professional judgement. You remain professionally responsible for verifying all content delivered through the Service against the original decisions, the UPC Agreement, the Rules of Procedure and any other primary legal sources before relying on such content in your professional work.
  3. JollyCase is an independent commercial undertaking and is not affiliated with, endorsed by or sponsored by the Unified Patent Court, the European Patent Office, the European Union or any national patent office. References to such institutions and to their decisions or publications are made for identification and reference purposes only.
  4. The Service is not intended for judicial use, and in particular is not intended for (i) members of the judiciary acting in a judicial capacity, (ii) persons assisting a judicial authority in researching, interpreting or applying the law to a concrete set of facts, (iii) members and assistants of the Boards of Appeal of the European Patent Office, or (iv) members and assistants of equivalent appeal bodies of national patent offices acting in a judicial capacity.
  5. You warrant that you are not using the Service in a judicial capacity, that you are not assisting a judicial authority in researching, interpreting or applying the law to a concrete set of facts, and that you do not fall within any of the categories described in article 2.4. Any breach of this article 2.5 constitutes a material breach of these Terms and entitles JollyCase to suspend or terminate your access to the Service with immediate effect, without prejudice to its other rights and remedies.

Eligibility and geographic scope

  1. The Service is made available to professional users that are professionally established in one of the 27 Member States of the European Union (“EU27”). JollyCase expects to extend availability to additional jurisdictions in due course and reserves the right to do so at any time, in which case these Terms will be adapted accordingly.
  2. For the purposes of these Terms, you are “professionally established” in a country where you ordinarily carry out your professional activity. This means the country in which your office, place of business or principal place of professional activity is located. A purely incidental, temporary or remote connection with a country (such as a holiday, a business trip or temporary remote working) does not, by itself, establish professional establishment there.
  3. You warrant that you are professionally established in the EU Member State which you select during signup, and you undertake to keep that information accurate during the term of your subscription. If your country of professional establishment changes during the term of your subscription, you shall update your account information accordingly without undue delay. If, following such update, you are no longer professionally established in the EU27, you acknowledge that JollyCase may suspend or terminate your access to the Service in accordance with article 11.
  4. Any misrepresentation as to your country of professional establishment, or any continued use of the Service after you cease to be professionally established in the EU27, constitutes a material breach of these Terms and entitles JollyCase to suspend or terminate your account with immediate effect, without refund and without prejudice to its other rights and remedies.

Accounts, signup, and credentials

  1. Access to the Service requires the creation of a personal account through the signup flow at upc.jollycase.eu. You shall provide accurate, complete and up-to-date information during signup and shall keep that information accurate during the term of your subscription. Mandatory information includes your email address, a display name, your country of professional establishment and your professional role.
  2. Each account is strictly personal and may be used by one natural person only. You shall not share your account credentials with any other person, including within your own organisation, and you shall not create or use shared accounts. JollyCase may suspend or terminate any account that JollyCase reasonably suspects of being shared or used in breach of this article.
  3. The Service may technically restrict each account to one active session or device at a time. If the same account is used to sign in on another device or session, the previous session may be automatically signed out. This technical measure supports the personal and non-transferable nature of each account and does not authorise any account sharing.
  4. You are responsible for keeping your credentials confidential and for any access to or use of the Service through your account. You shall notify JollyCase without undue delay if you know or reasonably suspect that your credentials have been compromised. JollyCase may rely on any instruction or action taken through your account without further verification.
  5. Where you create an account on behalf of a legal entity (for example your firm, employer or organisation), you warrant that you are duly authorised to bind that entity. In such case, both you personally and the relevant legal entity are bound by these Terms on a joint and several basis.

AI Features and AI Disclaimer

  1. The Service uses artificial intelligence (“AI Features”) to (i) generate decision summaries and case cards on the basis of UPC decisions, (ii) generate responses to per-decision chat queries through Google’s Gemini API (paid tier), and (iii) rank semantic search results. Any content generated, summarised, ranked or otherwise produced by an AI Feature is referred to in these Terms as “AI Output”.
  2. AI Output has not been verified by a qualified attorney. AI Output may contain errors, omissions, inaccuracies, outdated information, fabricated references (so-called “hallucinations”), misinterpretations of source materials and inconsistent results across sessions.
  3. You are responsible for verifying any AI Output against the original decision texts, the UPC Agreement, the Rules of Procedure and any other primary legal sources before relying on such AI Output in any professional context. AI Output shall not be used as a substitute for independent professional judgement. You shall not rely on AI Output to make decisions producing legal effects or similarly significant effects without appropriate independent verification.
  4. Per-decision AI chat queries and the decision text loaded as context are transmitted to Google’s Gemini API for processing. Under the applicable Google paid-tier API terms in force at the time of these Terms, Google has committed not to use submitted content to train its models. You are nonetheless instructed not to enter confidential, privileged, client-identifying, personally sensitive or otherwise sensitive information into the AI chat. The persistent in-app warning to the same effect forms an integral part of these Terms. JollyCase makes no representation that the AI chat is a suitable medium for the processing of such information.
  5. Semantic search is performed using an open-source embedding model that runs in the backend of the service. Your semantic search queries are not transmitted to external AI providers for the purposes of embedding generation. This is without prejudice to the description of analytics and logging in our Privacy Statement.
  6. You acknowledge and accept the AI disclaimer notice displayed at first signup (the “AI Disclaimer”) and the in-app warning relating to the AI chat. The version of the AI Disclaimer that you have acknowledged, together with the date and time of your acknowledgement, is recorded against your account profile and forms an integral part of these Terms.
  7. You acknowledge that AI Features are probabilistic and may produce different results for the same or similar inputs. JollyCase does not warrant that any AI Output is complete, correct, up to date, suitable for a specific matter or capable of being relied upon without independent professional review.

Acceptable use and restrictions

  1. You shall use the Service only as expressly permitted by these Terms and in accordance with applicable law. You shall not, and shall procure that no person acting on your behalf shall:
    • copy, modify, adapt, translate or create derivative works from the Service, the user interface, the case cards, the decision summaries, the underlying database, the software, the documentation or any other intellectual property of JollyCase, except as expressly permitted by these Terms or by applicable law;
    • decompile, reverse engineer, disassemble or otherwise attempt to derive the source code, underlying algorithms, structure or organisation of the Service, except to the extent such restriction is prohibited by applicable law (and only after prior written notice to JollyCase);
    • sell, resell, sublicense, rent, lease, distribute, transfer or otherwise make the Service or any AI Output available to any third party as a service, including by sharing account access or by acting as an intermediary;
    • extract or re-utilise, in a quantitatively or qualitatively substantial manner, the whole or any substantial part of the JollyCase database (including by repeated and systematic extraction of insubstantial parts) within the meaning of the Belgian Code of Economic Law and Directive 96/9/EC;
    • use any automated means (including bots, spiders, scripts, scrapers or any equivalent technology) to access, search, harvest, extract, scrape, mirror or otherwise download data from the Service, except as expressly authorised in writing by JollyCase;
    • circumvent or attempt to circumvent any access, security, rate-limit or other technical restriction implemented by JollyCase, or any usage entitlement attached to your subscription;
    • use the Service or any AI Output to develop, train, benchmark, fine-tune or improve any AI model or any service that competes with the Service;
    • remove, alter or obscure any copyright notice, trademark notice, attribution or other proprietary marking displayed on the Service;
    • use the Service in breach of articles 2.4, 2.5, or 3;
    • use the Service for any unlawful, infringing, defamatory or harmful purpose, or in a manner that interferes with or disrupts the integrity, security or performance of the Service or any related systems;
    • enter confidential, privileged, client-identifying, personally sensitive or otherwise sensitive information into the AI chat or any other functionality where JollyCase has instructed you not to do so;
    • use the Service in a way that is inconsistent with the confirmations given during signup, including your professional role, professional establishment and acknowledgement of the AI Disclaimer.
  2. Breach of this article 6 constitutes a material breach of these Terms and entitles JollyCase, without prejudice to its other rights and remedies, to suspend or terminate your access to the Service in accordance with article 11.

Subscription, free trial, fees and payment

  1. Subject to your compliance with these Terms, JollyCase grants you a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Service during the term of your subscription, for your internal professional use only.
  2. New subscribers are entitled to a free trial of 30 days from first signup (the “Free Trial”), unless JollyCase indicates otherwise during signup or in a specific offer. During the Free Trial, the Service is provided free of charge. The Free Trial is offered on a one-off basis per user and is not renewable. JollyCase may at any time modify or discontinue the Free Trial for future subscribers.
  3. At the end of the Free Trial, the Free Trial expires automatically. The Free Trial does not automatically convert into a paid subscription. Unless and until you actively subscribe through the subscription flow and complete the payment process via Stripe, your access to the paid Service may be suspended, restricted or redirected to the subscription page.
  4. The subscription fee is at all times displayed on JollyCase’s website (the “Subscription Fee”). VAT and any other applicable taxes are added at the rate in force at the time of invoicing. Within the EU27 and between professional parties, the reverse-charge mechanism applies where the relevant conditions are met.
  5. The Subscription Fee applicable to your subscription is the rate in force at the time of your original subscription. Any increase of the Subscription Fee for existing subscribers will be communicated by separate notice and will require your express acceptance before taking effect; continued use of the Service after receiving such notice does not constitute acceptance of the increased fee.
  6. Billing is operated through Stripe Payments Europe Ltd. (“Stripe”) as JollyCase’s payment service provider. By providing payment information, you accept Stripe’s applicable terms of use and authorise Stripe to charge the Subscription Fee, together with any applicable taxes, on the payment method you have provided. Stripe processes your payment data as a separate controller and/or processor in accordance with its own terms, as described in our Privacy Statement.
  7. To activate your subscription, you will need to provide valid payment details before the expiry of the Free Trial. If no valid payment method has been provided by the end of the Free Trial, access to the Service will be suspended until the Subscription Fee is paid. Thereafter, the subscription renews automatically for successive periods of 1 year, unless cancelled in accordance with article 10. The renewal Subscription Fee is charged in advance at the start of each renewal period.
  8. All amounts due under these Terms are non-refundable, except where applicable mandatory law provides otherwise or where JollyCase expressly decides otherwise on a case-by-case basis. No refund is due for unused portions of a subscription period following termination, except where the termination is the consequence of a material breach by JollyCase.
  9. In the event of late, incomplete or non-payment of any undisputed amount, JollyCase may, in addition to its other rights and remedies and to the extent permitted by applicable law: (i) charge late-payment interest of 1.5% per started month on the overdue amount; (ii) recover a fixed compensation for recovery costs of EUR 40 per overdue invoice, plus all reasonable additional collection, legal and enforcement costs; and (iii) suspend access to the Service until full payment, after a written notice giving you at least 7 days to cure.
  10. JollyCase may modify the Subscription Fee for future renewal periods. Any such modification will be communicated to you by email at least 30 days before the end of the then-current subscription period. If you do not accept the modified Subscription Fee, you may cancel your subscription before the end of the then-current period in accordance with article 10. Continued use of the Service after the entry into force of the modified Subscription Fee constitutes acceptance thereof.

Intellectual property

  1. All intellectual property rights, including without limitation copyright, database rights (within the meaning of Directive 96/9/EC and the Belgian Code of Economic Law), trade mark rights, design rights, rights in software, rights in confidential information and know-how and any other intellectual or industrial property rights, in and to the Service, the case cards, the decision summaries, the semantic search ranking output, the underlying database, the software, the documentation, the user interface, the brand elements and any other component of the Service (collectively, the “JollyCase IP”), are owned by, or duly licensed to, JollyCase. No right, title or interest in or to the JollyCase IP is transferred to you under these Terms.
  2. Subject to your compliance with these Terms and to payment of the Subscription Fee, JollyCase grants you a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the JollyCase IP solely as embedded in the Service and solely for the purposes of your internal professional use. All other rights are expressly reserved.
  3. “JollyCase”, the JollyCase logo and any related marks are trade marks of JollyCase BV or of its licensors. Nothing in these Terms grants you any right to use the JollyCase trademarks, logos or other brand elements, except with the prior written consent of JollyCase.
  4. If you provide JollyCase with any feedback, suggestions, comments or other input relating to the Service (“Feedback”), JollyCase may freely use such Feedback without any restriction, attribution or compensation. You grant JollyCase a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable and sublicensable licence to use, reproduce, modify and otherwise exploit such Feedback for any purpose, including the development and improvement of the Service.

Availability and maintenance

  1. JollyCase will use commercially reasonable efforts to make the Service available on a continuous basis.
  2. JollyCase may interrupt access to the Service for scheduled or emergency maintenance, security incidents, performance issues or any other reasonable operational purpose, and may from time to time modify, update, replace or discontinue parts of the Service or its functionalities. JollyCase will, where reasonably practicable, give prior notice of any planned interruption that is likely to materially affect your use of the Service.
  3. The Service relies on third-party services and infrastructure (including, at present, Google Cloud Platform, Google Firebase, the Google Gemini API, Stripe and Wisemen NV). JollyCase is not responsible for any interruption, failure, latency, error or other issue caused by such third-party services or by the user’s own network or device. The Privacy Statement contains additional information on the use of such third parties.

Term, cancellation, and termination

  1. The Free Trial enters into force at signup and lasts 30 days. A paid subscription may be taken out at any time during the Free Trial. If a paid subscription is taken out, it enters into force immediately upon payment and lasts for an initial period of 1 year, renewing automatically for successive periods of 1 year unless cancelled by either party in accordance with this article.
  2. The Free Trial expires automatically at the end of that period and does not automatically convert into a paid subscription.
  3. You may cancel your subscription at any time through the Account page of the Service. Cancellation takes effect at the end of the then-current subscription period. The Subscription Fee paid for the then-current period is not refunded for the unused portion of that period.
  4. Deleting your account does not entitle you to a refund for any unused portion of a paid subscription period, except where applicable mandatory law provides otherwise or where JollyCase expressly decides otherwise on a case-by-case basis. If account deletion cannot technically or legally be completed immediately, JollyCase may restrict access to the account while completing the required steps.
  5. JollyCase may terminate your subscription, with or without notice and without judicial intervention, in any of the following cases: (i) you commit a material breach of these Terms which, if capable of being remedied, has not been remedied within 7 days of a notice from JollyCase requiring you to do so; (ii) JollyCase reasonably suspects fraud, abuse or misrepresentation in relation to your account; (iii) you become subject to bankruptcy, insolvency, liquidation or any similar proceeding; or (iv) JollyCase is required to do so by applicable law or by a competent authority.
  6. Upon termination or expiry of your subscription, your right to access and use the Service ceases automatically. Termination is without prejudice to any rights or remedies accrued up to that date and to the provisions of these Terms which by their nature are intended to survive (including articles 6, 8, 13, 14, 18, and 19).

Suspension

  1. Without prejudice to its right to terminate, JollyCase may suspend your access to the Service, in whole or in part, where it reasonably considers such action necessary to: (i) comply with applicable law, a court order or a regulatory instruction; (ii) address a material security risk, integrity issue or system performance degradation; (iii) prevent misuse or mitigate harm, including a breach of article 6; or (iv) protect JollyCase, its other users or any third party from a material risk of harm; (v) address late, incomplete or failed payment. Suspension on those grounds does not entitle you to any refund and does not constitute a breach of these Terms by JollyCase.

Personal data

  1. JollyCase processes personal data in connection with the Service as a controller within the meaning of Regulation (EU) 2016/679 (the “GDPR”). The relevant categories of personal data, the purposes and legal bases of processing, the sub-processors used (including Google and Stripe), the international transfers (where applicable), the retention periods and your rights as a data subject are set out in our Privacy Statement, accessible at jollycase.eu/privacy, which forms an integral part of these Terms.

Warranties and disclaimer

  1. JollyCase will provide the Service with the standard of care that may reasonably be expected from a professional supplier of a similar service. The Service is, however, provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, JollyCase makes no, and excludes all, express or implied warranties, conditions or representations of any kind in relation to the Service, including without limitation any implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness, timeliness, non-infringement or uninterrupted operation.
  2. Without prejudice to the generality of the foregoing, JollyCase does not warrant that: (i) the Service or any AI Output will be free from errors, omissions or inaccuracies; (ii) the Service will be available without interruption; (iii) the Service or any AI Output is suitable for any specific use case or matter; or (iv) any case card, decision summary, AI chat response or semantic search result accurately or completely reflects the underlying decision or primary legal source.
  3. The Service is a reference tool. It does not constitute legal advice. You remain responsible for verifying any content delivered through the Service against the original decisions and primary legal sources before relying on it in your professional work.

Limitation of liability

  1. Nothing in these Terms excludes or limits the liability of JollyCase for: (i) fraud or fraudulent misrepresentation; (ii) intentional misconduct; (iii) personal injury or death caused by JollyCase’s fault; or (iv) any other liability that cannot be excluded or limited under Belgian mandatory law.
  2. Subject to article 14.1, JollyCase shall not be liable for any indirect, incidental, consequential, special, punitive or reliance damages, including loss of profits, loss of revenue, loss of opportunity, loss of business, loss of goodwill, reputational harm, loss of clients, loss or corruption of data, or the cost of procuring substitute goods or services.
  3. Subject to article 14.1, JollyCase shall in particular not be liable for any damage arising out of or in connection with: (i) any error, omission, inaccuracy, hallucination or other defect in any AI Output; (ii) any reliance by you, or any person acting on your behalf, on any case card, decision summary, AI chat response, semantic search result or other content delivered through the Service without independent verification against the original decisions and primary legal sources; (iii) any incorrect, incomplete or outdated legal information delivered through the Service; (iv) any interruption, unavailability, modification or discontinuation of the Service; or (v) any act, omission, failure or interruption of any third-party service or infrastructure (including Google Cloud, Google Firebase, the Google Gemini API and Stripe).
  4. Subject to article 14.1, JollyCase’s aggregate liability arising out of or in connection with these Terms shall not exceed an amount equal to the Subscription Fee actually paid by you to JollyCase under these Terms during the 12 months preceding the event giving rise to the claim. Where the relevant event occurs during the Free Trial, JollyCase’s aggregate liability shall not exceed EUR 49 (the early adopter rate).

Force majeure

  1. Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms to the extent caused by an event or circumstance beyond its reasonable control, including without limitation acts of public authority, sanctions and trade restrictions, natural disasters, pandemics, public health measures, war, armed conflict, civil unrest, terrorism, riots, strikes or labour disturbances, cyberattacks, failures or disruptions of telecommunications, internet, cloud, hosting or AI infrastructure, and failures of essential third-party services. The affected obligations shall be suspended for the duration of the force-majeure event.

Confidentiality

  1. Each party shall keep confidential any information of the other party which, by its nature or by the circumstances of its disclosure, should reasonably be understood to be confidential, and shall use such information only for the purposes of these Terms. This obligation does not apply to information that is or becomes publicly available without breach of these Terms, that was lawfully known to the recipient before disclosure, that is independently developed without use of the confidential information, or that is lawfully received from a third party without confidentiality obligation.
  2. Notwithstanding the foregoing, JollyCase may disclose information to its sub-processors, professional advisers and competent authorities to the extent reasonably necessary for the operation of the Service or to comply with applicable law, subject to appropriate confidentiality obligations.

Modifications to these Terms

  1. JollyCase may modify these Terms from time to time, in particular to reflect changes in the Service, in JollyCase’s commercial conditions, in applicable law or in the broader operating environment. Any material modification will be notified to you through the Service with reasonable advance notice before its entry into force. Where the modification requires your acceptance, a notice will be displayed within the Service upon your next login, and you will be required to accept the updated Terms before continuing to use the Service.
  2. If you do not accept the modified Terms, you may cancel your subscription before the entry into force of the modification in accordance with article 10. Continued use of the Service after the entry into force of the modified Terms constitutes acceptance thereof. The version of the Terms accepted by you, together with the date and time of your acceptance, is recorded against your account profile.

Miscellaneous

  1. Notices to JollyCase shall be sent by email to info@jollycase.eu (or to such other email address as JollyCase may communicate from time to time). Notices to you shall be sent by email to the address registered against your account. Notices are deemed received on the next Business Day (meaning any calendar day other than a Saturday, Sunday or Belgian public holiday) following dispatch.
  2. You may not assign or transfer your subscription or any rights or obligations under these Terms without the prior written consent of JollyCase. JollyCase may freely assign or transfer these Terms to any of its affiliates or to any third party in connection with a merger, reorganisation, sale of business or sale of substantially all of its assets, provided that the transferee assumes the obligations under these Terms.
  3. If any provision of these Terms is or becomes invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect. The invalid, illegal or unenforceable provision shall be replaced by a valid provision having an economic effect as close as possible to the original provision.
  4. Any failure or delay by JollyCase in exercising any right or remedy under these Terms shall not constitute a waiver of such right or remedy. No waiver is valid unless given in writing.
  5. These Terms, together with the Privacy Statement and the AI Disclaimer, constitute the entire agreement between you and JollyCase in relation to the Service and supersede all prior communications and arrangements relating to the same subject matter.

Governing law and jurisdiction

  1. These Terms, and any non-contractual obligation arising out of or in connection with them, are governed exclusively by Belgian law, to the exclusion of its conflict-of-laws rules and of the United Nations Convention on Contracts for the International Sale of Goods.
  2. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of the judicial district in which JollyCase has its registered office, without prejudice to JollyCase’s right to bring proceedings against you before any court having jurisdiction over you. The Parties acknowledge that this jurisdiction clause is concluded between professional parties, in a business-to-business context, and that the User has actively confirmed its professional status at signup.