Terms

1. Who we are

Ginbing LLC (“Ginbing,” “we,” “us”) is a company formed in Wyoming, USA, operating a trademark-filing service. Filings are submitted to the China National Intellectual Property Administration (“CNIPA”) through Ginbing (Suzhou) Trading Co., Ltd. (金并（苏州）贸易有限公司), our CNIPA-recorded trademark agency in Suzhou, China. Ginbing is not a law firm and does not provide legal advice. Using the service does not create an attorney-client relationship, and nothing we provide is legal advice; for legal advice, consult a qualified attorney.

2. Eligibility and accounts

You must be at least 18 and able to form a binding contract. You agree to provide accurate information and to keep your account credentials secure; you are responsible for activity under your account. You may sign in with email or with Google; Google sign-in is also subject to Google’s own terms. The self-service flow is for eligible foreign applicants. Mainland China applicants are not currently eligible. We may refuse, suspend, or close accounts that breach these Terms or that we reasonably believe involve fraud or misuse. The person who creates the account, accepts these Terms, and pays for an order is our customer and the party contracting with us (“you”), whatever the identity of the trademark applicant. If you place an order on behalf of someone else, for example as their agent, representative, or employer, you confirm that you are authorized to do so and to bind them, you accept these Terms for that order, and you are responsible for the order, including payment.

3. The service and its scope

The standard package, at USD 150 per class, covers filing intake, filing authorization signature evidence, the CNIPA filing fee, up to 10 goods/services items in that class, delivery of CNIPA receipts, official notices, translations, and registration certificates if CNIPA issues them, and dashboard tracking. Additional items are USD 10 each. Not included: trademark searches, clearance opinions, legal advice, and responses to refusals, oppositions, appeals, amendments, disputes, or re-filings. Any draft started before filing (including the homepage starter) is not a submitted application. Any class, goods, or services suggestions we surface are conveniences to help you choose; they are not legal or clearance advice, and your selections are your responsibility.

4. Your responsibilities and warranties

You represent and warrant that: (a) the information and materials you provide are accurate and complete; (b) you are the trademark owner or are authorized by the owner to file the mark, provide the filing materials, choose the applicant, classes, and goods/services, and authorize Ginbing and Ginbing (Suzhou) Trading Co., Ltd. to use your filing-authorization signature evidence to prepare, submit, and manage the CNIPA filing for that order, including any agency authorization materials required for the filing; (c) to your knowledge the mark does not infringe a third party’s rights; and (d) your use complies with applicable law. You are responsible for choosing your mark and classes; we prepare and submit based on what you confirm. You also confirm that the capacity in which you contract (as a consumer or in the course of a business) and the country of residence you give us are accurate; we rely on them to apply the correct refund and consumer-rights terms to your order. You agree to deal with us electronically and that the filing-authorization signature you provide, whether typed or handwritten, is your legally binding electronic signature under the U.S. ESIGN Act, UETA, and comparable laws; it authorizes us and Ginbing (Suzhou) Trading Co., Ltd. to use it as filing authorization evidence for this China trademark filing and to act for you as your recorded trademark agency. If you would prefer a paper-based alternative, contact support before you authorize.

5. Fees, payment, and taxes

Fees are charged through our payment processor, Stripe; by paying, you authorize the charge. Prices are in US dollars and exclusive of any taxes, which are your responsibility. Government (CNIPA) fees are paid to the registry as part of the filing; these official fees are set by CNIPA and may change, and if an official fee increases before we file, we may pass the difference through or re-quote your order, in which case you may decline and receive a refund of any amount not yet spent on your filing. Refunds are issued in US dollars to the original payment method; we are not responsible for currency-conversion differences applied by your bank or card network. If you have a concern about a charge, contact [email protected] before disputing it with your bank: starting a chargeback for a charge that is valid under these Terms and our Refund Policy is a breach, and we may recover the disputed amount and reasonable costs and suspend your account.

6. Refunds

Refunds are governed by our Refund Policy, incorporated here by reference. In short: except where the Refund Policy or mandatory law says otherwise, fees are non-refundable once your order is placed because we may begin work immediately; consumers resident in the EU or UK keep their statutory withdrawal right until a class is submitted to CNIPA; and once a class is submitted, the CNIPA fee and filing work are non-refundable in all cases. If you contract in the course of a business, or as an agent for another, consumer withdrawal rights do not apply.

7. No guarantee of registration or timelines

CNIPA approval depends on the official examination, which we do not control. We prepare and submit your application; the outcome is not promised. A filing receipt confirms submission; it is not a registration certificate. Any dates, windows, preparation times, filing times, filing-receipt times, registration estimates, support-response estimates, or comparisons shown anywhere on the site are informational estimates only, not service levels, deadlines, guarantees, or commitments. Actual timing depends on CNIPA examination, Chinese public holidays, the completeness of what you provide, and other factors outside our control.

Meeting any preparation time, filing date, priority deadline, or other date depends on your providing complete, accurate information, documents, instructions, and payment in time, and on CNIPA’s own processing, holidays, and procedures. We are not responsible for a delayed or missed date, a lost priority claim, a refusal, or any other outcome caused by late or incomplete information from you, by CNIPA, or by other factors outside our reasonable control. Steps that fall outside the standard package (including responding to refusals, office actions, oppositions, or appeals) are your responsibility unless you separately engage us for them.

8. Intellectual property

You, the applicant, or the trademark owner keep all rights in your trademark and the materials you submit. You grant Ginbing a limited, non-exclusive, worldwide license to use, reproduce, and transmit those materials solely to perform the service, including providing them to Ginbing (Suzhou) Trading Co., Ltd. and CNIPA for the filing. The Ginbing name, site, and content (including our goods-and-services classification, group, and item taxonomy and its English translations, which are our copyrighted compilation) are our property and may not be copied or used without permission. We reserve all rights, including under Article 4 of EU Directive 2019/790, against text and data mining, scraping, or using any part of the site to train or fine-tune artificial-intelligence or machine-learning systems; no such use is licensed, and this reservation is also expressed by machine-readable means.

9. Data and cross-border transfer

Your information is handled under our Privacy Policy and AI & data use page. You acknowledge that performing the service requires transferring your personal information and filing materials, including identity documents, from your country to the United States and to China (to our Suzhou agency and CNIPA). Because this transfer is necessary to perform the filing you ask us to make, we rely first on that necessity, and additionally on your consent; by using the service, you agree to this transfer for the purpose of your filing.

10. Third-party services

The service relies on third parties, including Stripe (payments), Google (optional sign-in), our Suzhou agency and CNIPA (filing), and infrastructure, storage, and email providers. Their terms govern their parts of the service, and we are not responsible for their acts, outages, or decisions, including CNIPA’s.

11. Acceptable use

You will not use the service to file a mark you have no right to file, to submit false information, to infringe others’ rights, to break the law, or to disrupt, probe, or misuse the platform. You also represent that neither you nor anyone you act for is subject to economic sanctions or named on a restricted-party or denied-party list, and you will not use the service in breach of US export-control or sanctions laws. We may refuse, suspend, or cancel an order without refund where we reasonably believe a sanctions, export-control, fraud, or other legal-compliance concern applies.

12. Disclaimer of warranties

To the maximum extent permitted by law, the service is provided “as is” and “as available,” and we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that a filing will result in registration, that any timeline will be met, or that the service will be uninterrupted or error-free.

13. Limitation of liability

To the maximum extent permitted by law, Ginbing’s total aggregate liability arising out of or relating to the service or these Terms will not exceed the total fees you paid for the order giving rise to the claim. We will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, even if advised of the possibility. Nothing in these Terms limits liability that cannot be limited by law, including for fraud, gross negligence, wilful misconduct, or death or personal injury caused by negligence, and nothing affects mandatory consumer rights in your country of residence. Except where mandatory law provides otherwise, any claim arising out of or relating to the service or these Terms must be brought within one year after the event giving rise to it, after which it is permanently barred.

14. Indemnification

To the extent permitted by law, you will indemnify and hold harmless Ginbing from third-party claims, damages, losses, and reasonable legal fees to the extent they arise out of: (a) your breach of these Terms; (b) your trademark, materials, or content, including any claim that they infringe or misappropriate another’s rights; or (c) your violation of law or of a third party’s rights. We will give you prompt notice of any such claim and reasonably cooperate in its defense; you may control the defense with counsel of your choice, but you will not settle any claim in a way that admits fault by, or imposes any obligation on, Ginbing without our prior written consent.

15. Suspension, termination, and force majeure

Either party may close the account; you can ask us to close yours when no filing is active. We may suspend or terminate access for breach, suspected fraud, non-payment, or to comply with law. Closing or suspending an account does not by itself refund a paid order or stop a filing already submitted to CNIPA, and we keep the records of any completed or in-progress filing as described in our Privacy Policy. We are not liable for delays or failures caused by events beyond our reasonable control, including CNIPA outages, Chinese public holidays, government action, war, civil unrest, pandemics, labor disputes, sanctions, and failures of hosting, network, payment, or other infrastructure providers. Sections that by their nature should survive (fees owed, IP, disclaimers, liability, indemnity, dispute resolution, governing law) survive termination.

16. Changes to the service and these Terms

We may change the service or these Terms. The “Last updated” date above shows the current version; we will give notice of material changes by email or in-account notice. Continued use after changes take effect means you accept them. Changes apply going forward; the version of these Terms and the Refund Policy in force when you place an order governs that order.

17. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict-of-law rules. Before bringing any claim, you agree to contact us at [email protected] so we can try to resolve it informally. Except where prohibited by mandatory law, any dispute not resolved within 30 days will be settled by final and binding individual arbitration administered under recognized commercial arbitration rules, rather than in court, and you and Ginbing each waive any right to a jury trial. To the fullest extent permitted by law, claims may be brought only in an individual capacity, not as a plaintiff or member in any class, collective, or representative proceeding. You may instead bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive relief in court to protect intellectual property or confidential information. This arbitration and class-waiver provision does not apply where it is unenforceable under the mandatory law of your country of residence: consumers in the EU, the UK, and other jurisdictions keep any non-waivable right to bring proceedings in, and under the law of, their home courts. Any arbitration or permitted court proceeding will be seated in Wyoming, except where mandatory law requires otherwise; mandatory consumer-protection rights in your home country are unaffected.

18. General

These Terms, with the Privacy Policy, AI & data use page, and Refund Policy, are the entire agreement between us, and you confirm that you have not relied on any statement or representation not set out in them, except that nothing excludes liability for fraud or any liability that cannot be excluded by law. If a term is found unenforceable, the rest remains in effect. Our failure to enforce a term is not a waiver. You may not assign these Terms; we may assign them, including in a merger or sale. Headings are for convenience. The English version controls. Questions: [email protected].