This Intellectual Property Policy and Procedures was last updated on 1st April 2025.
This Intellectual Property Policy and Procedures was brought into effect on 1st April 2025.
This legal sub-document shall be known as "Intellectual Property Policy and Procedures" and it lays down the policy and procedures with respect to the safeguarding of intellectual property rights of users and third parties relating to any content hosted by Vtex.AI upon the Site. Any key terms used herein but defined in the User Agreement other legal sub-documents comprising the Terms of Use shall, unless the context requires otherwise, have the same meanings they have in those legal sub-documents.
The Site is an online educational platform designed to provide specialized learning resources for a diverse audience, including technology professionals seeking to advance their knowledge in new and emerging topics, AI solutions, and advanced techniques; healthcare professionals interested in the application of AI in healthcare settings, including hands-on demonstrations; and organizations such as digital engineering service companies aiming to enhance their sales proposals and client propositions with unique AI-driven and generative AI solutions. The content provided upon or through the Site is proprietary material with all rights reserved by Vtex.AI. Vtex.AI respects the intellectual property rights of all users and third parties and expects such users and third parties to respect the intellectual property rights of Vtex.AI. Vtex.AI does not willingly involve in any act/omission which leads to infringement of intellectual property rights of users or third parties that are conferred by applicable law. However, in case any person, whether a natural person or an association of persons or a legal entity, alleges that his intellectual property rights are being infringed upon due to any act/omission of Vtex.AI, such person may, prior to taking recourse to any legal proceedings in this behalf, serve a takedown notice upon Vtex.AI in the manner prescribed hereinunder.
Vtex.AI' policy is to remove any content from the Site when it is reported beyond doubt to be infringing upon the copyrights of the concerned copyright owner. Such a copyright owner or his authorised representative may serve upon Vtex.AI a copyright takedown notice stating clearly the content and the place where it is found which infringes upon the impugned copyrights along with evidence in support of such a claim.
A copyright takedown notice can be served upon Vtex.AI by downloading online the copyright takedown notice form the Terms and Conditions page at Vtex.AI. (form available only in English language) and e-mailing a filled-up digital copy of the copyright takedown notice to legal@Vtex.AI. Any other manner of submitting the copyright takedown notice shall be deemed invalid and shall not be considered.
The notice-sender shall note that in order for Vtex.AI to consider the served copyright takedown notice seriously and act upon it, it has to be a valid notice (see provision (2)(41) of the User Agreement to learn the elements of a valid notice). Such a notice-sender may note that in case the copyright takedown notice served upon Vtex.AI by him is found to be non-conformant with the elements of a valid notice, it shall not be considered seriously and acted upon and Vtex.AI may, if it deems fit, initiate legal proceedings against such notice-sender in case such copyright takedown notice is found to be served upon it due to any mischief or if it is found to be frivolous or vexatious or is served with the intention of wasting the time, efforts and resources of Vtex.AI.
User is hereby cautioned that he shall read the preference to copyright claims submission mode related provisions of the Third Party Affiliates Terms and Conditions and comply with the applicable clauses therein to the applicable extent.
Any person who serves or intends to serve a copyright takedown notice upon Vtex.AI shall, prior to serving such copyright takedown notice, ensure that the following essential requirements are being met:
(a) Valid locus standi: Vtex.AI shall not consider and act upon any copyright claim which has no locus standi; which means that Vtex.AI shall not consider and act upon the copyright takedown notice that is not served by the concerned copyright owner or his authorised representative. Here, it is to be noted that the person serving the copyright takedown notice is the one who addresses it and casts his signature upon it. In case the notice-sender is a legal entity, such a copyright takedown notice may be signed by any natural person authorised by such legal entity but shall be addressed by the legal entity itself.
(b) Genuine notice: Knowingly submitting a false or misleading copyright takedown notice is illegal and such notice-sender could be held liable and forced to pay damages as a consequence. Vtex.AI reserves the right to seek damages from anyone who serves a copyright takedown notice for alleged infringement in contravention of applicable law.
(c) Not for the purposes of "fair use": The person serving the copyright takedown notice shall consider whether the use of alleged infringing content is for the purposes of “fair use.” Copyright law includes a “fair use” exception for certain uses of copyrighted content that are considered to be in the public interest. Before such notice-sender serves a copyright takedown notice, he shall ensure that use of the alleged infringing content does not qualify as fair use. Fair use means use for the purposes such as providing reference, criticism, commentary, news reporting, and research. While determining whether the alleged infringing content’s use qualifies as fair use, notice-sender should look at:
(i) the purpose of the use (whether the content is paid or unpaid, whether the content critiques/parodies/transforms the impugned material);
(ii) the type of copyrighted work being used (whether the work is factual or creative);
(iii) the portion being used (whether the content uses small, necessary excerpts of the impugned material or substantial portions of it); and
(iv) the effect on the market for copyright owner's material (whether potential buyers would purchase the content instead of buying impugned material).
(d) Protection under copyright law: There are types of content that aren’t protected by copyright. Copyright law doesn’t cover short phrases (like business names, book titles, and slogans), intangible concepts (like processes, ideas, and recipes), or facts. Before any person serves a copyright takedown notice, he shall ensure that the alleged infringing content is indeed protected by the applicable copyright law.
(e) The copyright takedown notice shall bear all necessary particulars: The copyright takedown notice has to be sufficiently substantiated for Vtex.AI in order that it is able to consider and act upon it. This means that the notice-sender's copyright takedown notice must include substantially the following particulars:
(i) notice-sender shall provide sufficient information in order to enable Vtex.AI to contact such a notice-sender, including his full legal name, a valid email address, physical address, and functional telephone number (optional);
(ii) in case any person is sending a notice on behalf of a legal entity, such a person shall include the complete name of such legal entity and mention his relationship to such legal entity;
(iii) notice-sender shall precisely identify the original copyrighted material or, in case multiple copyrighted works are covered in the subject matter of such copyright takedown notice, such notice-sender shall provide a sufficiently representative list of such original material (such as a URL or video or code or demo where the material is located) in order to enable faster and efficient processing of such copyright takedown notice;
(iv) notice-sender shall provide sufficient information in order to conveniently locate the alleged infringing content upon the Site (the URL of Vtex.AI Website or video name or webpage thereof and the exact location upon such webpage);
(v) notice-sender shall add a statement saying: “I declare, under penalty of perjury, that the information in this copyright takedown notice is accurate and that I am the copyright owner/copyright owner's authorised representative and I have a bona fide belief that use of the material reported herein is not authorised by the copyright owner or the law”; and
(vi) the copyright takedown notice shall be complete in all other respects.
Vtex.AI' policy is to remove any content from the Site when it is reported beyond doubt to be infringing upon any trade mark rights of the concerned trade mark owner. Such a trade mark owner or his authorised representative may serve upon Vtex.AI a trade mark takedown notice stating clearly the content and the place where it is found which infringes upon the impugned trade mark rights along with evidence in support of such claim.
A trade mark takedown notice can be served upon Vtex.AI by downloading online the trade mark takedown notice form the Terms and Conditions page at Vtex.AI. (form available only in English language) and e-mailing a filled-up digital copy of the trade mark takedown notice to legal@Vtex.AI. Any other manner of submitting the trade mark takedown notice shall be deemed invalid and shall not be considered.
The notice-sender shall note that in order for Vtex.AI to consider the served trade mark takedown notice seriously and act upon it, it has to be a valid notice (see provision (2)(41) of the User Agreement to learn the elements of a valid notice). Such a notice-sender may note that in case the trade mark takedown notice served upon Vtex.AI by him is found to be non-conformant with the elements of a valid notice, it shall not be considered seriously and acted upon and Vtex.AI may, if it deems fit, initiate legal proceedings against such notice-sender in case such trade mark takedown notice is found to be served upon it due to any mischief or if it is found to be frivolous or vexatious or is served with the intention of wasting the time, efforts and resources of Vtex.AI.
Any person who serves or intends to serve a trade mark takedown notice shall, prior to serving such trade mark takedown notice, ensure that the following essential requirements are being met:
(a) Valid locus standi: Vtex.AI shall not consider and act upon any trade mark rights claim which has no locus standi; which means that Vtex.AI shall not consider and act upon the trade mark takedown notice that is not served by the concerned trade mark owner or his authorised representative. Here, it is to be noted that the person serving the trade mark takedown notice is the one who addresses it and casts his signature upon it. In case the notice-sender is a legal entity, such trade mark takedown notice may be signed by any natural person authorised by such legal entity but shall be addressed by the legal entity itself.
(b) Genuine notice: Knowingly submitting a false or misleading trade mark takedown notice is illegal and such notice-sender could be held liable and forced to pay damages as a consequence. Vtex.AI reserves the right to seek damages from anyone who serves a trade mark takedown notice for alleged infringement in contravention of applicable law.
(c) Not for the purposes of "fair use": The person serving the trade mark takedown notice shall consider whether the alleged trade mark rights infringement is actually for the purposes of “fair use” and hence not infringement in reality. Trade mark law protects the use of a name or brand for selling products and services, with the goal of preventing consumer confusion. Most countries’ laws include an exception for “fair use”, which allows others to use a trade mark for factually referencing the trademarked product or service, or commenting upon or criticizing the mark. Such person must consider the likelihood that others would be confused into thinking that trade mark owner's company or brand had created or is sponsoring the content. Before submitting a trade mark takedown notice, such person should ensure that use of such trade mark in the content does not qualify as fair use. Fair use means use for the purposes such as providing reference, criticism, commentary, news reporting, and research. While determining whether the alleged infringing trade mark use qualifies as fair use, notice-sender should should look at:
(i) the purpose of the use (whether the content is paid or unpaid, whether the content critiques/parodies/transforms the impugned trade mark);
(ii) the effect on the market for the impugned trade mark (whether potential buyers would be misled by such alleged infringement).
(d) Protection under trade mark law: Before any person serves a trade mark takedown notice, he shall ensure that the alleged trade mark infringement is indeed protected by the applicable trade mark law. The trade mark should have been properly registered and title to such trade mark should belong to the person claiming to be the owner of such trade mark. The trade mark validity should not have expired whereby such trade mark may lose recognition or fall into public domain.
(f) The trade mark takedown notice shall bear all necessary particulars: The trade mark takedown notice has to be sufficiently substantiated for Vtex.AI in order that it is able to consider and act upon it. This means that the notice-sender's trade mark takedown notice must include substantially the following particulars:
(i) notice-sender shall provide sufficient information in order to enable Vtex.AI to contact such a notice-sender, including his full legal name, a valid email address, physical address, and functional telephone number (optional);
(ii) the specific words, symbols, etc. of the alleged trade mark infringement for which such trade mark owner claims trade mark rights;
(iii) the basis for such trade mark owner's claim of trade mark rights (such as a national or community registration), including registration number, if applicable;
(iv) the country or jurisdiction in which such a trade mark owner claims trade mark rights;
(v) the category of goods and/or services for which such trade mark owner asserts his trade mark rights;
(vi) precise location(s) upon the Site or in the content where trade mark owner's registered trade mark can be found;
(vii) a description of how such a trade mark owner believes that the impugned content infringes his trade mark;
(viii) in case notice-sender is not the trade mark rights owner, an explanation of his relationship to the actual trade mark owner;
(ix) the following statement: “I have a good faith belief that use of the trade mark as described above in the manner complained of is not authorised by the trade mark owner or the applicable law.”;
(x) the following statement: "I declare, under penalty of perjury, that the information contained in this trade mark takedown notice is accurate, and that I am the trade mark owner/authorised representative of such a trade mark owner whose trade mark rights are being infringed."; and
(xi) the trade mark takedown notice shall be complete in all other respects.
Vtex.AI shall review this Intellectual Property Policy and Procedures periodically and considering the changes in business practices, market trends, economy, technology, law, governmental policies, social and political outlook, or in pursuance of agreements entered into with third party affiliates, or updates thereof, in the future, may choose to update this Intellectual Property Policy and Procedures. Vtex.AI may also choose to update this Intellectual Property Policy and Procedures in response to customer feedback or in consideration of needs of its users. In case during such process of updation, Vtex.AI makes a substantial change to this Intellectual Property Policy and Procedures, it may notify User through his registered contact information such as email or may publish on the Site or may send a notification via mobile devices in order that User may learn about how such changes affect him or his interests. Vtex.AI shall ensure from its end that such notifications are addressed and sent properly to User. However, in case of delay or failure to deliver the notification due to technical or other issues beyond its control, User shall not hold Vtex.AI responsible for such delay or failure. Such updates to this Intellectual Property Policy and Procedures shall be effective from the date specified in the notice or upon the Site.
Vtex.AI recommends and urges all its users to check the Vtex.AI web site home page regularly for making themselves aware of the latest updates to this Intellectual Property Policy and Procedures. User's continued access to the Site and use of the Site Services subsequent to bringing such updates into effect shall be deemed as an acknowledgement of the updated Intellectual Property Policy and Procedures.
In case User does not approve of this Intellectual Property Policy and Procedures or any future updates thereof, he may choose to not access or discontinue his access to the Site and Site Services at any time. Such a discontinuation shall not affect any liability, loss, harm, damage or burden incurred due to any act/omission of User prior to the date of such discontinuation and such act/omission of User shall continue to remain subject to the Intellectual Property Policy and Procedures in force thereat.
This Intellectual Property Policy and Procedures, including any future updates thereof, is the authentic legal English version and shall be the primary version for all purposes, official or legal. Any version of this Intellectual Property Policy and Procedures (current or archived), or any simplified version thereof, provided in English or in a language other than English (whether using Latin script or otherwise) is only for the purpose of convenience of User. In the event of any inconsistency or conflict between provisions or lack of clarity with regards to interpretation with any other version of this Intellectual Property Policy and Procedures, this authentic legal English version solely shall prevail.
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