Revised: May 30, 2023

These Terms and Conditions of Use (“Terms”) govern your use of the PowerPatent website (“Site”) and the services provided by PowerPatent.com (“PowerPatent,” “we,” “our,” or “us”). By accessing or using the Site and its services, you agree to be bound by these Terms.  If you access the site on behalf of a law firm, company or other legal entity, you confirm that you have authority to bind such entity and its affiliates.  If you do not agree to these Terms, you must not access or use the Site.

Eligibility

By using the Site and its services, you represent that you are at least 18 years old and can practice before a national patent office in your jurisdiction.

Acceptance of Terms

By accessing or using the Site, you agree to these Terms and any additional terms and conditions that may apply to specific sections of the Site or to the services offered on or through the Site. If you do not agree to these Terms, you must not use the Site.

Use of the Site and Services

Subscribers will receive an invoice or be charged at the start of their subscription period. The prices for subscriptions may change, but we will notify you at least one month in advance before any changes take effect. Per-user subscriptions cannot be transferred to other users within the same company or to the same user if they switch to a different company.

Your subscription will automatically renew at the end of each subscription period. If you wish to cancel your subscription, you can do so by sending an email to support@PowerPatent.com or by choosing not to pay an invoice. Please note that all payments made are non-refundable, and we do not offer prorated refunds for any unused portion of your subscription.  You further acknowledge that:

• You are responsible for your use of the Site and the services provided on or through the Site. When using the Site, you agree that you will not:
  • Violate any applicable law or regulation.
  • Infringe upon the intellectual property rights, privacy rights, or any other legal rights of others.
  • Post or share any content that is illegal, abusive, harassing, harmful, pornographic, indecent, hateful, discriminatory, or objectionable.
  • Engage in spamming or send unsolicited or unauthorized commercial communications.
  • Use any software or means to collect data from the Site without our permission.
  • Transmit viruses or any other harmful computer code.
  • Stalk, harass, or harm any individual.
  • Impersonate any person or entity or engage in fraudulent activity.
  • Attempt to circumvent any security measures implemented by us or our service providers.
  • Attempt to reverse engineer or decompile any software used on the Site.
  • Intellectual Property

Content within PowerPatent that requires a subscription, such as diagnostic results or examiner statistics, should not be shared with individuals outside your company. However, patent attorneys and agents are permitted to share information from PowerPatent with their clients.

User Content

The Site and Services allow you to upload, send, or receive content and data, which we call “User Content.” This User Content may include your private information, as explained in our Privacy Policy.

We do not claim ownership of your User Content. However, when you upload or send User Content through the Site or Services, you give us permission to use and reproduce your User Content for the sole purpose of providing you with the Services. For example, we may generate patent specifications based on your patent claims or create modified versions of certain User Content. This permission is limited, and you still retain full ownership of your User Content.   We will only need to use your User Content for as long as you choose to store it with us using the Site or Services.

Except for user-generated content, we own all intellectual property rights associated with the Site, including the software, text, graphics, logos, and other content. You may not reproduce, copy, modify, or distribute any portion of the Site including the HTML/CSS, Javascript, or visual design elements or concepts without our express written permission.

Data Processing

PowerPatent will process your patent documents to generate processing results. Once the results are provided to you, we will immediately discard your patent documents and refrain from storing, caching, or logging any content from them. We process your documents using Google Cloud Platform or Amazon Web Services. In the case of Google Cloud Platform, your data will be processed under their Terms of Service and Cloud Data Processing Addendum, which ensure confidentiality and limited access to customer data. Similarly, if you select Amazon Web Services, your data will be processed according to their Service Terms and Customer Agreement, which restricts access to your content. All processing of patent documents using these platforms is done exclusively on computers in the United States.

Additionally, PowerPatent offers the ability to generate patent text using OpenAI’s GPT technology.  By using this feature, you acknowledge and authorize PowerPatent to transmit portions of your patent document to OpenAI via their API, while adhering to OpenAI’s data usage policies. However, PowerPatent does not share data with OpenAI for model training or improvement purposes.

PowerPatent will not disclose the content of your patent documents or processing results to any third party, except for the processing of your documents on Google Cloud Platform, Amazon Web Services, or OpenAI.

Account Access

Sharing access to your PowerPatent account or using PowerPatent on behalf of another person or entity is strictly prohibited. Your account is for your personal use only, and you should not share your login credentials or allow others to access PowerPatent using your account.

Third Party Data

Some PowerPatent products rely on data provided by third parties, such as patent offices. Temporary unavailability of this third-party data, beyond our control, may result in limited access to our products. We do not provide refunds for any downtime caused by the unavailability of these third-party data sources.

No Scraping

Manual or automatic actions to systematically download or scrape PowerPatent content are strictly prohibited. This includes using scripts to repeatedly download information from examiner statistics pages.

Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information when you use the Site.

Assumption of Risk

You bear all the risk associated with using PowerPatent, and we hold no liability for any outcomes resulting from your use of our services. We are not responsible for any errors or inaccuracies in the processing of patent documents or the presentation of statistics or data. You are solely responsible for the content of your patent documents.

Disclaimer of Warranties

BY USING THE SITE AND SERVICES, YOU UNDERSTAND AND ACCEPT THAT YOU DO SO AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” POWERPATENT AND ITS AFFILIATES, INCLUDING OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS, DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THIS INCLUDES WARRANTIES RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

POWERPATENT AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT AVAILABLE ON THE SITE OR SERVICES, OR THE CONTENT OF ANY LINKED WEBSITES OR ONLINE SERVICES. THEY WILL NOT BE LIABLE FOR ANY ERRORS, MISTAKES, INACCURACIES IN CONTENT, PERSONAL INJURY, PROPERTY DAMAGE, UNAUTHORIZED ACCESS TO SERVERS OR PERSONAL INFORMATION, TRANSMISSION INTERRUPTIONS, BUGS, VIRUSES, OR ANY LOSS OR DAMAGE RESULTING FROM THE USE OF POSTED OR SHARED CONTENT THROUGH THE SITE OR SERVICES.  WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT POWERPATENT WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE OR RELIABLE, AND WILL BE ERROR-FREE. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, GIVEN BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THE TERMS.

YOU ACKNOWLEDGE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE. ANY ADVICE OR INFORMATION OBTAINED FROM POWERPATENT OR THROUGH THE SITE OR SERVICES DOES NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POWERPATENT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, OR DATA, OR THE COST OF OBTAINING SUBSTITUTE PRODUCTS. THIS LIMITATION OF LIABILITY APPLIES TO CLAIMS BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL THEORIES, REGARDLESS OF WHETHER POWERPATENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POWERPATENT’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND THEORIES OF LIABILITY, WILL BE LIMITED TO AND NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID TO POWERPATENT DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM THAT GAVE RISE TO SUCH LIABILITY.

YOU UNDERSTAND AND AGREE THAT POWERPATENT PRICES AND TERMS OF SERVICE WITH YOU IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, WHICH ALLOCATE RISK BETWEEN US AND FORM THE BASIS OF A BARGAIN BETWEEN THE PARTIES.

Links to Third-Party Websites or Resources

The Site and Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Indemnification

You agree to protect and defend PowerPatent and its affiliates against any claims, costs, proceedings, demands, losses, damages, and expenses (including attorney’s fees and legal costs) that arise from an actual or alleged breach of these Terms by you or anyone using your account. If we take charge of the defense in such a matter, you will cooperate with us reasonably.

Arbitration Agreement & Waiver of Certain Rights

You and PowerPatent agree that any disputes between us will be resolved through binding and final arbitration instead of court proceedings. Both parties waive the right to a jury trial for any claim. All disputes relating to these Terms or the Offerings will be submitted for binding arbitration according to the Rules of the American Arbitration Association (AAA Rules). The arbitration will be conducted by a single arbitrator, and their decision will be final and enforceable in any court of competent jurisdiction. The arbitration process will remain confidential, and disclosure of the proceedings will be limited, unless required by law or regulations.

If the costs of arbitration are shown to be prohibitively high compared to litigation costs, PowerPatent will pay the necessary administrative costs and arbitrator’s fees to prevent the arbitration from becoming unaffordable. The arbitrator has the authority to allocate the costs of arbitration and the compensation of the arbitrator among the parties as they see fit.

This arbitration agreement does not prevent you or PowerPatent from seeking action through government agencies. You and PowerPatent also retain the right to bring qualifying claims in small claims court. Additionally, you and PowerPatent can seek provisional relief, such as attachments or preliminary injunctions, from any court of competent jurisdiction, without waiving the right to have disputes submitted to arbitration as outlined in these Terms.

Neither you nor PowerPatent can act as a class representative or private attorney general, nor participate in a class or representative claim. Claims cannot be arbitrated on a class or representative basis. The arbitrator can only decide individual claims of you or PowerPatent and cannot consolidate or join claims of other individuals or parties.

If any provision of this section is deemed invalid or unenforceable, that specific provision will be severed and will have no effect, but the remainder of the section will remain in full force and effect. No waiver of any provision in this section will be effective unless it is recorded in writing and signed by the waiving party. Such a waiver will not waive or affect any other part of these Terms. This section will survive the termination of your relationship with PowerPatent.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO TAKE LEGAL ACTION IN COURT, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN CLASS OR REPRESENTATIVE CLAIMS, THE RIGHT TO DISCOVERY (EXCEPT AS PERMITTED BY AAA RULES), AND THE RIGHT TO CERTAIN REMEDIES. OTHER RIGHTS THAT YOU OR POWERPATENT WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

No Attorney-Client Relationship or Legal Advice

You acknowledge that any information communicated through the Site or Services does not create an attorney-client relationship, is not intended as a solicitation, does not convey legal advice, and is not a substitute for obtaining legal advice from a qualified attorney.

Modifications to these Terms

We may modify these Terms from time to time in our sole discretion. If we make changes to these Terms, we will provide you with notice of the modifications by email or by posting a notice on the Site. The date at the top of these Terms indicates the last revision. By continuing to access or use the Site or Services after we have provided you with notice of modifications, you are agreeing to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and Services.

Miscellaneous

These Terms constitute the entire agreement between you and PowerPatent regarding the use of the Site and Services. The Terms will be governed by California laws without regard to its conflicts of laws principles. You agree to submit to the exclusive jurisdiction within Santa Clara County California to resolve any legal matter arising from the Terms.   Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without PowerPatent’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms shall be binding upon assignees.

Contact Information

If you have any questions or need further information regarding these Terms or the Site and Services, please contact us at support@powerpatent.com.

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