Terms of Service

BY EXECUTING A SIGNED ORDER FORM, CLICKING “SUBSCRIBE” FOR ANY SUBSCRIPTION VIA THE PATENTY.AI PRICING PAGE URL (THE “SUBSCRIPTION PAGE”), OR OTHERWISE INDICATING ACCEPTANCE VIA AN ONLINE REGISTRATION PAGE (EACH, AN “ORDER FORM”), YOU AGREE (A) TO THESE TERMS AND CONDITIONS (COLLECTIVELY, WITH THE ORDER FORM, THE “AGREEMENT”) AND (B) THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

IF YOU ARE USING THE SERVICES AS AN EMPLOYEE, CONTRACTOR, OR AGENT OF A COMPANY, CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN YOU MUST BE AUTHORIZED TO SIGN FOR AND BIND THE ENTITY IN ORDER TO ACCEPT THIS AGREEMENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE SUCH AUTHORITY.

IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT DOES NOT HAVE THE AFOREMENTIONED AUTHORITY OR DOES NOT AGREE WITH THE TERMS OF THIS AGREEMENT, THEY MAY NOT USE THE SERVICES OR ACCEPT THIS AGREEMENT.

This Agreement is entered into between Patenty.ai, Inc. (“Company”) and the entity or person placing an order via the Order Form (“Customer” or “you”).

The “Effective Date” of this Agreement is the date set forth in the applicable Order Form (or if none is provided, the date that Customer first registers for the Services).

1. Overview.

Patenty.ai provides an AI patent copilot, which allows you to input prompts, questions, and other information (collectively, “Inputs”) in order to assist you in drafting patent applications, office action responses, and invention disclosure documents (“Outputs”).

The Services are powered by a combination of Patenty.ai’s proprietary machine learning and large language models (LLMs) provided by third-party AI platforms, such as OpenAI (“Third-Party LLM Providers”).

Notwithstanding anything to the contrary in this Agreement, Patenty.ai shall not use, and shall ensure Third-Party LLM Providers or Third-Party Services (as defined below) do not use, any Customer Data (as defined below) to train, validate, update, improve, or modify any technologies that utilize machine learning, deep learning, statistical learning algorithms, LLMs, neural networks, or other methodologies based on prompts provided by the Inputs, for itself or for the benefit of any other person or entity other than Customer.

You understand and agree that Patenty.ai is not a law firm or an attorney, may not perform services performed by an attorney, and is not the substitute for the advice or services of an attorney.

Any information contained on, or Outputs generated by, the Services is not legal advice and is not guaranteed to be correct, complete or up-to-date. No attorney-client relationship or privilege is created with Patenty.ai.

If, prior to using the Services, you believe that Patenty.ai gave you any legal advice, opinion or recommendation about your legal rights, remedies, defenses, options, selection of forms or strategies, you will not proceed with the use of the Services. If you need legal advice for your specific problem, then you should consult a qualified licensed attorney.

2. Access to the Services.

Upon mutual execution, each Order Form shall be incorporated into and form a part of the Agreement.

For each Order Form, subject to Customer’s compliance with the terms of this Agreement (including any limitations and restrictions set forth on the applicable Order Form), Patenty.ai grants Customer a nonexclusive, limited, personal, nonsublicensable, nontransferable right to access and use the Patenty.ai service(s) described in such Order Form (collectively, the “Services”) during the term set forth in such Order Form for the Services and Service Capacity set forth in the Order Form.

Customer only use the Services for its internal business purposes and only in accordance with Patenty.ai’s applicable official user documentation (the “Documentation”).

Customer may add to the Services and increase the Service Capacity by either executing a new Order Form or via the administration panel of the Services.

Any addition to the Services and increase in Service Capacity via the administration panel of the Services shall be deemed an amendment to the Order Form by and between the parties and shall be effective for the Term.

3. Fees; Payment.

Customer shall pay Patenty.ai the fees applicable to the subscription selected by Customer via the Subscription Page (the “Subscription”) or the fees otherwise set forth in each Order Form (the “Fees”).

Patenty.ai uses PayPal as its primary service payment processor. By using the Services, Customer agrees to be bound by PayPal’s User Agreement and other applicable legal agreements. All Fees shall be paid in U.S. dollars.

The Subscription Fees are billed at the time of purchase for a one-month period. Customer authorizes Patenty.ai (via PayPal) to automatically charge the Fees at the start of each renewal month unless the Subscription is cancelled.

Customer shall be responsible for all taxes associated with the Services (excluding taxes based on Patenty.ai’s net income), unless Customer provides Patenty.ai with a valid tax exemption certificate.

All Fees paid are non-refundable and are not subject to set-off.

Patenty.ai reserves the right to amend the Fees upon renewal of the then-current term by providing notice to Customer. Customer’s continued use of the Services following the effective date of such amendment to the Fees constitutes acceptance of the amended fees.

4. Customer Intellectual Property and Data.

For purposes of this Agreement, “Customer Data” shall mean all Inputs and all other data, information and materials provided, uploaded, or submitted by Customer to the Services and all Outputs generated therefrom.

Customer shall retain all right, title and interest in and to the Customer Data, including all intellectual property rights therein.

Customer acknowledges and agrees that Patenty.ai may use and display Customer Data to provide the Services and perform under this Agreement.

5. Patenty’s Intellectual Property.

As between the parties, Patenty.ai retains all right, title, and interest in and to (a) the Services, and all software, products, works, and other intellectual property and moral rights related thereto or created, used, or provided by Patenty.ai for the purposes of this Agreement, including any copies and derivative works of the foregoing and (b) Patenty.ai’s Confidential Information (as defined below).

No rights or licenses are granted except as expressly and unambiguously set forth in this Agreement.

Customer may (but is not obligated to) provide suggestions, comments or other feedback to Patenty.ai with respect to the Services (“Feedback”) and Patenty.ai may freely use and exploit such Feedback.

Patenty.ai may derive from the use and operation of the Services volumes, frequencies, bounce rates, performance metrics and other data that either (a) identifies Customer and Customer’s users (“Identified Usage Data”) or (b) does not identify any natural person, Customer or Customer’s clients (“Deidentified Usage Data,” collectively with “Identified Usage Data,” “Usage Data”).

Patenty.ai may use and disclose Deidentified Usage Data to analyze and improve the Services and for other lawful business purposes. Patenty.ai may not re-identify, attempt to re-identify, or permit any third party to re-identify any Deidentified Usage Data.

No Identified Usage Data shall be provided by Patenty.ai to the Third-Party LLM Providers (defined below).

6. Customer Responsibilities.

Except as expressly set forth in this Agreement, Customer shall not (and shall not permit any third party to), directly or indirectly:

(i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services; (ii) modify, translate, or create derivative works based on the Services; (iii) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services; (iv) use the Services for the benefit of a third party, except with respect to Customer's clients as contemplated by the Services; (v) remove or otherwise alter any proprietary notices or labels from the Services or any portion thereof; (vi) use the Services to build an application or product that is competitive with any Patenty.ai product or service or any third-party LLM; (vii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (viii) bypass any measures Patenty.ai may use to prevent or restrict access to the Services; (ix) represent that any Output is human-generated; (x) “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Services, whether through use of manual or automated means.

Customer is solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of all Customer Data. Customer shall ensure that it has obtained all rights, permissions and consents as are necessary to provide Customer Data to Patenty.ai.

Customer is solely responsible for all of Customer’s activity in connection with the Services and all activity associated with the Services’ user accounts provisioned to Customer.

Customer shall use the Services in compliance with this Agreement and all applicable local, state, national and foreign laws, treaties and regulations and all applicable rules and professional standards (including data privacy and export laws).

Customer shall not use the Services in a manner that is harmful, deceptive, threatening, harassing or obscene or that violates any third-party intellectual property, contractual or other proprietary rights.

Customer shall ensure that Customer Data do not contain any of the following categories of sensitive data: (a) social security number, passport number, driver's license number, or similar identifier (or any portion thereof); (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card), financial information, banking account numbers or passwords; (c) employment, financial, genetic, biometric or health information; (d) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation; (e) account passwords, mother's maiden name, or date of birth; (f) criminal history; (g) any other information or combinations of information that falls within the definition of "special categories of data," "sensitive data" or "sensitive personal information" under any applicable law or regulation relating to privacy or data protection; (h) personal information of children under the age of 16.

Customer shall defend, indemnify and hold harmless Patenty.ai against any damages, losses, liabilities, settlements and expenses (including reasonable attorneys’ fees) in connection with any claim or action that arises from any violation of the foregoing or otherwise from Customer’s use of Services.

7. Confidentiality.

The parties acknowledge and agree that each party (the “Receiving Party”) may have access to certain confidential information (“Confidential Information”) of the other party (the “Disclosing Party”).

“Confidential Information” means all information provided by the Disclosing Party to the Receiving Party hereunder that is (i) proprietary and/or non-public information related to the business activities of the Disclosing Party, its subsidiaries, and its affiliates, including any business plans, strategy, pricing, or financial information; (ii) the terms of this Agreement; and/or (iii) any other information that is designated as confidential by the Disclosing Party.

Confidential Information of Patenty.ai shall also include the Services and Usage Data, and Confidential Information of Customer shall also include Customer Data.

Confidential Information does not include any information that is or was, at the time of the disclosure: (a) generally known or available to the public; (b) rightfully disclosed to the Receiving Party by a third party; (c) already in Receiving Party’s possession prior to the date of receipt from Disclosing Party without restriction; or (d) independently developed by the Receiving Party without reference to or use of Disclosing Party’s Confidential Information.

Provided in each case that such information was not obtained by the Receiving Party as a result of any unauthorized or wrongful act or omission, or breach of this Agreement, or breach of any legal, ethical or fiduciary obligation owed to the Disclosing Party.

At all times, the Receiving Party shall: (1) use the same standard of care to protect the Confidential Information as it uses to protect its own confidential information of a similar nature, but not less than a commercially reasonable standard of care, (2) not use the Disclosing Party’s Confidential Information other than as permitted under this Agreement, and (3) not disclose, distribute, or disseminate the Confidential Information to any third party, except as permitted by this Agreement or to the extent necessary to comply with applicable law.

8. Third-Party Services.

Customer acknowledges and agrees that the Services may operate on, with or using application programming interfaces (APIs) and/or other services operated or provided by third parties (such as Third-Party LLM Providers) (collectively, “Third-Party Services”), including without limitation through integrations or connectors to such Third-Party Services that are provided by Patenty.ai.

Except as expressly provided in this Agreement, Patenty.ai is not responsible for the operation of any Third-Party Services nor the availability or operation of the Services to the extent such availability and operation is dependent upon Third-Party Services.

Patenty.ai agrees to only use Third-Party LLM Providers that agree to only use Inputs and Outputs to provide their services (and not to, for example, train their LLMs) and agree to keep such Inputs and Outputs confidential. These providers may include, but are not limited to, Google LLC, OpenAI, Mistral AI, Groq, and KIE.AI.

Customer agrees that Customer’s use of the Services will not breach or violate the applicable usage policies of the Third-Party Services, including but not limited to OpenAI's Usage Policies, Google’s Generative AI Prohibited Use Policy, and other relevant policies provided by Mistral AI, Groq, and KIE.AI.

9. Term; Termination.

Unless earlier terminated as provided in this Agreement, this Agreement shall begin on the date of the first Order Form and end as of the expiration of the last active Order Form.

For each Order Form, unless otherwise provided therein or earlier terminated as provided in this Agreement, the term of such Order Form shall begin as of the date of such Order Form and shall continue until the end of the term set forth in such Order Form.

The Order Form shall automatically renew for successive renewal terms of equal duration to the initial term (e.g., one month) unless either party provides notice of non-renewal prior to the end of the then-current term.

Either party may terminate this Agreement for the other party’s material breach that remains uncured ten (10) days (for a one-month term) after the terminating party provides the breaching party notice of such breach.

Without limiting the foregoing, Patenty.ai may suspend Customer’s access to the Services if Customer’s account is past due or if the PayPal payment fails to be processed for the renewal term.

All provisions of this Agreement that by their nature should survive termination shall survive termination, including without limitation accrued payment obligations, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability.

10. Indemnification.

Each party (“Indemnitor”) shall defend, indemnify, and hold harmless the other party, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives (collectively, the “Indemnitee”) from all liabilities, claims, and expenses paid or payable to an unaffiliated third party (including reasonable attorneys’ fees) (“Losses”), that arise from or relate to any claim that:

(a) in the case of Customer as Indemnitor: the Customer Data or Customer’s use of the Services infringes, violates, or misappropriates any third-party intellectual property or proprietary right or violates any applicable law; (b) in the case of Patenty.ai as Indemnitor: the Services infringe, violate, or misappropriate any third-party intellectual property or proprietary right.

Each Indemnitor's indemnification obligations hereunder shall be conditioned upon the Indemnitee providing the Indemnitor with: (i) prompt written notice of any claim (provided that a failure to provide such notice shall only relieve the Indemnitor of its indemnification obligations if the Indemnitor is materially prejudiced by such failure); (ii) the option to assume sole control over the defense and settlement of any claim (provided that the Indemnitee may participate in such defense and settlement at its own expense); (iii) reasonable information and assistance in connection with such defense and settlement (at the Indemnitor's expense).

The foregoing obligations of Patenty.ai do not apply with respect to the Services or any information, technology, materials or data to the extent: (i) not created or provided by Patenty.ai (including without limitation any Customer Data) (ii) made in whole or in part in accordance to Customer specifications (iii) modified after delivery by Patenty.ai (iv) combined with other products, processes or materials not provided by Patenty.ai (where the alleged Losses arise from or relate to such combination) (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement (vi) Customer’s use of the Services is not strictly in accordance herewith.

11. Warranty; Disclaimer.

Patenty.ai will provide the Services and any other services provided hereunder in a professional and workmanlike manner.

EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND PROFESSIONAL SERVICES (IF ANY) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

OUTPUTS MAY CONTAIN INACCURATE OR INCOMPLETE INFORMATION AND PATENTY.AI MAKES NO REPRESENTATIONS OR WARRANTIES AND PROVIDES NO INDEMNITIES WITH RESPECT THERETO; CUSTOMER AND ITS END USERS ARE RESPONSIBLE FOR ALL DECISIONS MADE, ADVICE GIVEN, ACTIONS TAKEN, AND FAILURES TO TAKE ACTION BASED ON THEIR USE OF THE SERVICES.

CUSTOMER ACKNOWLEDGES AND AGREES THAT PATENTY.AI IS NOT PROVIDING LEGAL, FINANCIAL, TAX OR ANY OTHER ADVICE, AND THAT CUSTOMER IS ADVISED TO CONSULT WITH ITS OWN LEGAL AND FINANCIAL ADVISORS AND TAX EXPERTS.

CUSTOMER IS ADVISED TO SAFEGUARD CUSTOMER DATA AND ITS OTHER DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICES OR DOCUMENTATION.

12. Limitation of Liability.

EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS AND CUSTOMER’S BREACH OF THE SECTION TITLED “RESTRICTIONS AND RESPONSIBILITIES,”

IN NO EVENT SHALL EITHER PARTY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING),

OR (B) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE FEES PAID (OR PAYABLE) BY CUSTOMER TO PATENTY.AI HEREUNDER IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO A CLAIM HEREUNDER.

13. Contact Information.

Please contact Patenty.ai at bc@patenty.ai with any questions or concerns about the Services or these Terms and Conditions.

14. Miscellaneous.

This Agreement represents the entire agreement between Customer and Patenty.ai with respect to the subject matter hereof, and any and all future Services (including additions to or changes to the Services and Services Capacity), and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Customer and Patenty.ai with respect thereto. In the event of a conflict between these Terms and Conditions and any Order Form, such Order Form shall govern.

The Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, excluding its conflicts of law rules, and any dispute between the parties related to the subject matter of this Agreement will be resolved by the Seoul Central District Court as the court of first instance.

All notices under this Agreement will be sent via email. All notices to Patenty.ai must be sent to bc@patenty.ai, and all notices to Customer must be sent to the email address set forth in the applicable Order Form, or in each case, at such other email address as may be given in writing by either party to the other in accordance with this Section. Notice will be treated as given on receipt, as confirmed by written or electronic records.

Patenty.ai may revise these Terms and Conditions from time to time, the most current version always being available at patenty.ai/terms. If the revision, in our sole discretion, is material Patenty.ai will notify Customer. By continuing to access and use our Services after those revisions become effective, Customer agrees to be bound by the revised Terms and Conditions.

Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including without limitation the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes lock-outs or labor disruptions; pandemics; epidemics; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.

Neither party may assign any of its rights or obligations hereunder without the other party’s consent; provided that (i) either party may assign all of its rights and obligations hereunder without such consent to a successor-in-interest in connection with a sale of substantially all of such party’s business relating to this Agreement, and (ii) Patenty.ai may utilize subcontractors in the performance of its obligations hereunder.

No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.

Customer agrees to allow Patenty.ai to use and display Customer’s name and logo on Patenty.ai’s website and in Patenty.ai’s promotional materials to identify Customer as a customer. Customer agrees to allow Patenty.ai to do a press release (in any format or medium) announcing Customer is a customer of Patenty.ai.

In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees. If any provision of this Agreement is held to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

The failure of either party to act with respect to a breach of this Agreement by the other party shall not constitute a waiver and shall not limit such party’s rights with respect to such breach or any subsequent breaches.