Terms of Service

These Terms of Service (the “Terms”) are a binding legal agreement between you (“you” or “User”) and MarkDocket, Inc., a Delaware corporation (“we,” “us,” or “our”), governing your access to and use of the MarkDocket web application and any related services we make available at markdocket.com and through associated subdomains, email, and APIs (collectively, the “Service”). MarkDocket is operated by MarkDocket, Inc., a subsidiary of Q6 Technology Holdings, Inc.. By creating an account, accessing, or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. Our use of cookies and similar technologies is described in our Cookies Policy, also incorporated by reference. By using the Service after being shown our cookie banner, you agree to our Cookies Policy; you may accept all cookies or reject non-essential cookies, and your choice is recorded as described in our Privacy Policy. If you do not agree, do not access or use the Service.

These Terms apply to every visitor and User of the Service, whether or not a paid subscription or any other paid feature is in use.

You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you access or use the Service on behalf of a company, law firm, or other entity, you represent and warrant that you are authorized to bind that entity to these Terms, in which case “you” refers to both you individually and that entity.

MarkDocket is an intellectual property (“IP”) operations workspace. It helps users search, track, organize, and monitor public trademark and patent records, manage deadlines, prepare clearance and due-diligence reports, estimate government fees, and generate summaries and analytical documents. The Service may integrate data from public and third-party sources, including the United States Patent and Trademark Office (“USPTO”), and may include automated, AI-assisted analysis and drafting features. We may add, change, or remove features at any time without notice.

The Service is a software tool. It is not a law firm, a lawyer, or a substitute for one, and it does not practice law or provide legal advice.

Nothing provided by the Service — including any summary, key point, clearance report, due-diligence brief, docketing date, cost estimate, risk flag, recommendation, chat or “agent” response, or other output (collectively, “Output”) — is or should be relied upon as legal advice, an opinion of counsel, or a legal recommendation. All Output is general, informational, and produced to help you organize your own work and your own judgment.

The AI and “agent” features are assistive automation only. They are not a licensed attorney, are not admitted to any bar, and do not form an attorney-client relationship, attorney-client privilege, work-product protection, or any fiduciary duty between you and us. AI Output may be inaccurate, incomplete, outdated, biased, or misleading even when it appears confident or authoritative. You must independently review and verify all Output against the underlying official records before acting on it.

Deadlines, status dates, and statutory or response windows shown in the Service are informational only and may be wrong, missing, or stale. Do not rely on the Service as your sole docketing or calendaring system. You are solely responsible for tracking and meeting every legal deadline that affects your rights, and for verifying any deadline against the controlling statute, rule, office action, or official docket.

You are solely responsible for all decisions you make and all actions you take or decline to take in reliance on the Service. If you are not yourself a licensed attorney qualified to practice in the relevant jurisdiction, you should consult a qualified, licensed attorney before filing, responding to office actions, prosecuting, enforcing, defending, abandoning, selling, licensing, or otherwise transacting in any IP right.

The Service may, from time to time, identify, link to, or facilitate introductions to attorneys, law firms, or other service providers (for example, in a Resources directory). Any such listing is provided for convenience only and is not an endorsement, referral, or recommendation by us, and no representation is made about any provider’s qualifications or suitability. We are not a party to any engagement between you and any such provider and have no responsibility for their work.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use or security breach. You are fully responsible for all content and information you submit, upload, store, or process through the Service (“User Content”), and you represent that you have all rights necessary to do so without violating these Terms or any law or third-party right.

You are responsible for the accuracy and completeness of the identifiers, serial numbers, patent numbers, marks, and other data you provide or track, and for the consequences of acting on any Output that depends on that data.

You agree not to, and not to allow any third party to:

• use the Service to provide legal advice to others, or to hold yourself out as a lawyer or law firm, unless you are properly licensed and authorized to do so;
• use the Service in a manner that could harm, disable, overload, or impair the Service, or interfere with any other party’s use;
• attempt to gain unauthorized access to any part of the Service, other accounts, or our systems;
• submit content that is unlawful, infringing, defamatory, fraudulent, or that contains malware, or to use the Service for any unlawful or fraudulent purpose;
• scrape, resell, redistribute, or build a competing product from data or Output obtained through the Service, except as expressly permitted by these Terms or a separate agreement with us;
• use the Service to infringe, misappropriate, or contest the IP rights of others in bad faith, or in violation of any protective order or ethical duty.

The Service retrieves, displays, and analyzes data from public and third-party sources, including the USPTO and other government and commercial databases. We are not affiliated with, endorsed by, or sponsored by the USPTO or any other such source. Data from these sources may be delayed, incomplete, incorrectly formatted, or otherwise inaccurate, and their availability is outside our control. We do not guarantee that any record, status, date, or document shown in the Service matches the official record at any given moment.

Where the Service links to or interacts with third-party websites, tools, or providers, those are independent of us. We are not responsible for their content, accuracy, availability, or practices, and your dealings with them are solely between you and them.

Some features of the Service are offered on a paid basis, including subscriptions and pay-as-you-go usage (for example, per clearance, dossier, or report generated). Fees, billing cadence, and usage metering are described at the point of purchase or in a separate order, plan, or billing addendum. You authorize us to charge the applicable fees to your designated payment method.

Unless required by law, fees are generally non-refundable, and unused usage credits or subscription periods are not redeemable for cash. We may change our fees with reasonable advance notice; changes take effect for renewals or new usage after the notice and do not retroactively change fees already paid. You are responsible for any taxes associated with your use of the Service.

You retain ownership of your User Content. You grant us a limited, non-exclusive license to host, store, transmit, display, and process your User Content solely as needed to operate, secure, and improve the Service for you, and to generate Output for you. To the extent we process your User Content using AI or automated tools, we do so to provide features to you and not to train third-party generative models with your confidential User Content.

You represent that your User Content does not and will not violate any law or any third-party right, including IP, privacy, and confidentiality rights, and that you have obtained any consents needed to submit it.

If you submit ideas, suggestions, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate them without restriction or compensation to you.

The Service, including its software, design, text, features, and Output templates, is owned by MarkDocket, Inc. and is protected by intellectual property laws. These Terms grant you only a limited, revocable, non-exclusive, non-transferable right to access and use the Service in accordance with these Terms. No right or license is granted except as expressly stated here. Marks, logos, and trade dress of MarkDocket are our trademarks or those of our licensors; nothing in these Terms confers any right to use them without our prior written consent.

THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY OUTPUT OR DATA IS ACCURATE, RELIABLE, OR COMPLETE. NO ADVICE OR INFORMATION OBTAINED FROM THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU BEAR ALL RISK ARISING FROM YOUR USE OF THE SERVICE AND ANY RELIANCE ON OUTPUT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MarkDocket, Inc., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR UNDER ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, FOR ANY AND ALL CLAIMS, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain damages or warranties. In those jurisdictions, the foregoing limitations apply to the fullest extent permitted by law.

You agree to defend, indemnify, and hold harmless MarkDocket, Inc. and its affiliates, officers, directors, employees, and service providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your User Content or your use of the Service; (b) your violation of these Terms or any law or third-party right; (c) your reliance on or use of any Output, including any missed deadline, misfiled document, or erroneous legal decision; or (d) your breach of any professional, ethical, or confidentiality obligation applicable to you. We may, at our option, assume the exclusive defense of any matter we indemnify, in which case you will cooperate with us as reasonably required.

These Terms begin when you first access the Service and continue until terminated. You may stop using the Service and close your account at any time. We may suspend or terminate your access, in whole or in part, at any time and for any reason — including inactivity, suspected abuse, nonpayment, or risk to the Service or others — without notice and without liability to you.

On termination, your right to use the Service ends, and you should export any User Content you wish to retain, as we may delete it after a reasonable period. Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, indemnification, and governing law.

We may modify these Terms at any time. When we do, we will update the “Last updated” date above and, for material changes, provide reasonable notice (such as an in-app or email notice). Your continued access or use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

We may also change, suspend, or discontinue any feature, data source, or the entire Service at any time, with or without notice, and without liability to you, except as required by law.

These Terms and any dispute arising out of or related to the Service are governed by the laws of the State of California, U.S.A., without regard to its conflict-of-laws principles. You and we submit to the exclusive jurisdiction of the state and federal courts located in the City and County of San Francisco, California, for any dispute not subject to informal resolution, and waive any objection to venue or inconvenient forum there.

Before filing a claim, you and we agree to first attempt in good faith to resolve any dispute informally, beginning with a written notice sent to hello@markdocket.com. Any claim or dispute must be brought within one (1) year after the event giving rise to it, except for claims for injunctive relief, which may be brought at any time.

Notices to us under these Terms should be sent to hello@markdocket.com, or by mail to MarkDocket, Inc., 2261 Market Street, Suite 22871, San Francisco, CA 94114. If you believe that any User Content or other material on the Service infringes your copyright or other intellectual property rights, you may submit a takedown notice to hello@markdocket.com with the information reasonably required for us to identify and act on the claim. We will respond to valid notices in accordance with applicable law.

These Terms constitute the entire agreement between you and us regarding the Service and supersede any prior or contemporaneous agreements on that subject. If any provision is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable and the remaining provisions will remain in full force. No waiver by us of any breach is a waiver of any future breach. You may not assign or transfer these Terms or your account without our prior written consent; we may assign these Terms freely in connection with a merger, acquisition, reorganization, or sale of assets. These Terms do not create any third-party beneficiary rights. You expressly agree that the Service is provided electronically and that you consent to electronic delivery of notices and communications related to the Service.

MarkDocket is operated by MarkDocket, Inc.. For any questions about these Terms or the Service, contact us at hello@markdocket.com or by mail at: MarkDocket, Inc., 2261 Market Street, Suite 22871, San Francisco, CA 94114.