Terms of Use

1.0 Acceptance of Terms

By accessing, subscribing to, or using the PatentOAResponse.com software, website, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you are using the Service on behalf of an organization, such as a law firm or company, you are agreeing to these Terms for that organization and you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree with these Terms, you must not access or use the Service.1

2.0 Definitions

Terms defined in the Privacy Policy shall have the same meaning here. The following additional definitions apply:

3.0 The Service

The Service is a software tool that utilizes artificial intelligence to assist legal professionals with the analysis and drafting of responses to patent office actions. A foundational aspect of the Service's design is that all processing of Your Content occurs on your local computer system. The Service is architected so that Your Content is never transmitted to, stored on, or accessed by our servers.

4.0 No Attorney-Client Relationship

This disclaimer is a material term of this agreement. PatentOAResponse.com is a technology provider, not a law firm. The Service provides a tool for informational and drafting assistance purposes only and does not, under any circumstances, constitute legal advice, legal opinion, or the practice of law. Your use of the Service does not create an attorney-client relationship, a fiduciary relationship, or any other privileged relationship between you and PatentOAResponse.com. The Output generated by the Service is not a substitute for the independent professional judgment of a qualified and licensed attorney. You are solely responsible for the professional review and accuracy of any work product derived from the Service.

5.0 Data and Intellectual Property Rights: The Cornerstone of Our Agreement

Your ownership and control over your work product are paramount. This section details the clear lines of ownership that our on-premises architecture enables.

5.1 Your Absolute Ownership of Your Content

As between you and us, you retain all right, title, and interest, including all Intellectual Property Rights, in and to Your Content. For the avoidance of all doubt, you own your Input, and you own the Output generated from your Input. We claim no rights or license to Your Content whatsoever, except for the temporary, operational license granted to the software on your local machine as described below.1

5.2 Our Limited License to Operate Locally

You grant the PatentOAResponse.com software application a limited, revocable, non-exclusive, royalty-free license to access and use Your Content on your local computer for the sole and exclusive purpose of generating the Output you request during a session of use. This license is granted only to the software instance operating on your premises and not to PatentOAResponse.com as a corporate entity. This license begins when you initiate a processing task and terminates immediately upon the completion of that task.

5.3 Our "Zero-Knowledge" Architecture

We do not collect, copy, store, log, or have any technical means of accessing Your Content. The Service is architected to ensure your confidential work remains exclusively within your control, on your systems, at all times. This technical reality is a binding promise under these Terms.1

5.5 Use of Public Domain Data

The AI models integrated into the Service may have been trained on publicly available data, such as issued patents, published patent applications, and other documents from public patent office databases and other sources. Our use of such public data to train our models does not grant us any rights, title, or interest in or over Your Content, which is and shall remain your proprietary work product.

5.6 Our Intellectual Property

We retain all Intellectual Property Rights in and to the Service itself, including the underlying software, algorithms, our trademarks, our website, and all associated materials. This agreement grants you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose, conditioned on your compliance with these Terms and payment of any applicable fees. This agreement does not grant you any other rights to our intellectual property.1

6.0 User Responsibilities and Acceptable Use

You agree to:

7.0 Confidentiality

You acknowledge that because we do not have access to your User-Generated Content, our confidentiality obligations do not extend to it. The security and confidentiality of Your Content are your sole responsibility, to be managed using your own internal security protocols and systems.

8.0 Term and Termination

These Terms take effect when you first use the Service and remain in effect until terminated. We may suspend or terminate your access to the Service at any time for any reason. Upon termination, your license to use the Service ceases immediately.

9.0 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE OUTPUT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR SPECIFIC NEEDS. YOUR USE OF THE SERVICE AND RELIANCE ON ANY OUTPUT IS ENTIRELY AT YOUR OWN RISK.1

10.0 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PATENTOARESPONSE.COM, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, REGARDLESS OF THE LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY IN ANY MATTER ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS ($100) OR (II) THE TOTAL AMOUNT OF FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.1

11.0 Indemnification

You agree to defend, indemnify, and hold harmless PatentOAResponse.com, its affiliates, and their officers, directors, and employees from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms or your use of the Service in a manner that violates applicable law or infringes upon the rights of a third party.1

12.0 Governing Law and Dispute Resolution

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by final and binding arbitration in Wilmington, Delaware, administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The parties agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. YOU AND PATENTOARESPONSE.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

13.0 General Provisions

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and PatentOAResponse.com and supersede all prior agreements and communications.

Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

Waiver: No waiver of any provision of these Terms will be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without your consent in connection with a merger, acquisition, or sale of all or substantially all of our assets.

Force Majeure: Neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including acts of God, war, terrorism, riots, or systemic internet failures.

Controlling Language: These Terms may be provided in languages other than English. In the event of any ambiguity or conflict between translations, the English version is authoritative and shall control.1