Terms of Service

Version 1.5, effective October 24, 2026

These Terms of Service (“Terms”) are an agreement between you and ClaimMark Inc. (“ClaimMark”, “we”, “us”, “our”) for your use of ClaimMark-P, the patent drafting and prosecution workspace at app.claimmark.ai; ClaimMark-A Prior Art Search (formerly ClaimMark Search), the patent search service in the same application and through the ClaimMark-A Prior Art Search API; and any related software, documentation, and support we provide (together, the “Service”). The addendum at the end of these Terms adds terms that apply only to ClaimMark-A Prior Art Search.

If you use the Service for a law firm, company, or other organization, you accept these Terms for it as well as for yourself, and you confirm that you have authority to do so. “You” then means both you and that organization (“Customer”). If Customer has signed an order form or other written agreement with us for the Service, that agreement controls where it conflicts with these Terms.

You accept these Terms by selecting “I agree” in the Service. If you do not agree, do not use the Service.

1. The Service

ClaimMark-P helps patent practitioners and the inventors who work with them prepare patent applications and respond to office actions. Depending on your account, it can take an invention disclosure from an inventor, produce draft claims, specifications, and figures, search for and assess prior art, read office actions, and draft responses. It uses artificial intelligence models, some operated by third-party providers, to do this work.

ClaimMark-A Prior Art Search lets you search an index of published United States patent documents, by hand in the application or through an application programming interface (the “Search API”), on the plans described on our pricing page.

We may change the Service, add or remove features, and change the AI models it uses. If we remove a feature you depend on, we will tell you in advance when we reasonably can.

2. ClaimMark is not a law firm

ClaimMark is a software company. It is not a law firm, does not practise law, and does not give legal advice. Using the Service does not create an attorney-client relationship between you and ClaimMark, and nothing the Service produces is a legal opinion from ClaimMark.

The Service is a tool for qualified practitioners. The registered patent attorney or agent who works on a matter is responsible for every judgment made in it and for everything filed with a patent office, including the scope of the claims, the sufficiency of the disclosure, and any response to an examiner. If you are an inventor, your legal relationship is with your own attorney or agent, not with ClaimMark.

3. Accounts and security

ClaimMark-P accounts are created by invitation. Anyone may sign up for a ClaimMark-A Prior Art Search account, which opens a ClaimMark-A Prior Art Search organization with the person who signed up as its owner; the owner may invite colleagues, remove them, hand ownership to another member, choose and pay for the organization’s plans, and create and revoke its API keys. A ClaimMark-A Prior Art Search account can use search and its organization’s settings only. You must give us accurate information, keep your password and two-step verification device to yourself, and tell us promptly at inquiries@claimmark.ai if you believe someone else has used your account. You are responsible for what happens under your account. A firm administrator may create, change, and deactivate the accounts of the firm’s users and see the matters the firm’s users work on.

4. Your content and its confidentiality

What is yours. “Customer Content” means everything you or your users put into the Service (invention disclosures, drafts, documents, office actions, notes, messages, and search queries) and everything the Service produces for you from it (draft applications, claims, figures, analyses, responses, and search records). As between you and ClaimMark, you own all Customer Content. We claim no ownership of it.

What we may do with it. You give us permission to host, copy, process, and transmit Customer Content only as needed to provide the Service to you, to keep it secure, to support you when you ask, and to comply with law. That permission ends when the Customer Content is deleted.

No training on your content. We do not use Customer Content to train or fine-tune any AI model, and we do not allow the AI providers we use to do so. We use those providers only under terms that prohibit training on the data we send them.

Confidentiality. We treat Customer Content as confidential. We protect it with at least the care we use for our own confidential information and never less than reasonable care, and we disclose it only to our personnel and to the service providers (subprocessors) who need it to run the Service, each bound by confidentiality and data-protection obligations at least as protective as these. The current subprocessors and the security controls that protect Customer Content are listed at claimmark.ai/security. If the law compels us to disclose Customer Content, we will tell you first, unless the law forbids it, so that you can seek protection.

Usage information. We collect technical information about how the Service is used, such as request logs, errors, timings, and costs, to operate, secure, and improve it. We may use that information in aggregate form that identifies neither you nor any matter. It never includes the substance of Customer Content.

5. AI output

The Service produces drafts and analyses with AI models. That output can be wrong, incomplete, or inconsistent, including in ways that look plausible. It may cite references or law inaccurately, miss prior art, or describe an invention in ways the inventor did not intend.

You are responsible for reviewing every output before relying on it, and for the accuracy of anything signed or filed. That includes your duties of candor and reasonable inquiry to a patent office, and any patent office rules on the use of AI tools in practice before it. We do not promise that any application will be allowed, that any claim will be valid or enforceable, or that any office action response will succeed.

6. Acceptable use

You must:

• have the right to put each item of Customer Content into the Service, including any inventor’s or client’s consent where it is needed;
• use the Service only in compliance with law, including professional conduct rules;
• not upload information that is classified or subject to a secrecy order, and not upload technical data controlled under United States export control laws (including ITAR and EAR) unless you have confirmed that doing so is permitted;
• not try to get around the Service’s security, access another user’s or firm’s data, or probe or test the Service for vulnerabilities without our written permission;
• not copy, reverse engineer, decompile, or try to extract the Service’s source code, prompts, models, or methods, except to the extent the law permits despite this restriction;
• not use the Service to build a competing product, and not resell or share access to it except as your agreement with us allows; and
• not overload the Service or use automated means to access it other than the interfaces we provide.

7. Fees

Fees, if any, are set in your order form, on our pricing page, or as otherwise agreed in writing. Unless agreed otherwise, fees are due within thirty days of invoice, are non-refundable, and exclude taxes, which you pay except for taxes on our income. Patent office fees are your responsibility. If fees are more than thirty days overdue, we may suspend the Service after giving you notice. Access during early access or a trial is free unless we agree otherwise.

ClaimMark-A Prior Art Search plans. Paid ClaimMark-A Prior Art Search plans are billed in advance, monthly or yearly, through our payment processor, Stripe, and renew automatically for the same period until cancelled. Applicable sales tax is calculated and shown at checkout. API calls beyond a plan’s monthly allowance are billed monthly in arrears at the per-call rate on our pricing page, including on yearly plans. A switch to another plan or billing period takes effect at once, and the difference is prorated on the next invoice. The owner may cancel at any time in the application; the plan then stays in effect until the end of the period already paid for, and is not renewed. Except where the law requires otherwise, payments are not refunded, in whole or in part. If a payment fails, the organization moves to the free plan until it is paid. We may change plan prices with at least thirty days’ notice, effective from the next renewal.

8. Our property

The Service, including its software, prompts, models, workflows, and documentation, belongs to ClaimMark and its licensors and is protected by intellectual property laws. Its drafting method is patent pending. These Terms give you the right to use the Service for your own matters while your account is active; they transfer no other rights to you. If you send us suggestions or feedback, we may use them without obligation to you.

9. Personal information

Our handling of personal information in the Service, such as users’ names and e-mail addresses and any personal information in Customer Content, follows these Terms and the controls described at claimmark.ai/security. Customer controls the personal information it puts into the Service, and we process it only on Customer’s behalf. We will sign a data processing agreement on request.

10. Suspension and termination

You may stop using the Service at any time. Customer may end its account by written notice, subject to any term in its order form. We may suspend or terminate access, with notice where reasonable, if you breach these Terms, if your use threatens the security or integrity of the Service or other customers, or if the law requires it. We may also end the Service for everyone with at least sixty days’ notice.

When an account ends, you may ask us within thirty days for an export of Customer Content. After that we delete it from the Service within ninety days, except where the law requires us to keep it. Backup copies expire on their normal schedule and stay protected until they do. Sections 2, 4, 5, 8, 11, 12, 13, and 15 survive termination.

11. Warranties and disclaimers

We will provide the Service with reasonable skill and care and in line with the security controls we describe at claimmark.ai/security. Apart from that, and to the fullest extent the law allows, the Service and all output are provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not promise that the Service will be uninterrupted or error-free.

12. Limitation of liability

To the fullest extent the law allows:

• neither party is liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or goodwill, or for loss of patent rights, arising out of these Terms or the Service, even if told they were possible; and
• each party’s total liability arising out of these Terms or the Service is limited to the greater of the fees Customer paid us for the Service in the twelve months before the event giving rise to the claim, and one hundred US dollars.

These limits do not apply to a party’s fraud, gross negligence, or wilful misconduct, to your payment obligations, or to your obligations under section 13.

13. Indemnity

You will defend ClaimMark and its officers, employees, and agents against any third-party claim arising from Customer Content (including a claim that you had no right to put it into the Service) or from your breach of section 6, and will pay the damages and reasonable costs finally awarded or agreed in settlement. We will tell you promptly about the claim, let you control its defence and settlement (provided no settlement admits fault on our part without our consent), and give you reasonable help at your expense.

14. Changes to these Terms

We may update these Terms. We will tell you about a material change in the Service or by e-mail before it takes effect, and you will be asked to accept the new version the next time you sign in. If you do not accept it, you may stop using the Service and end your account under section 10. The version and effective date appear at the top of these Terms, and the Service records which version each user accepted and when.

15. General

Governing law and venue. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of them, and each party consents to that jurisdiction. Either party may seek an injunction in any court of competent jurisdiction to protect its confidential information or intellectual property.

Export. Each party will comply with the export control and sanctions laws that apply to its use or provision of the Service.

Events beyond our control. Neither party is liable for a delay or failure caused by events beyond its reasonable control, other than a failure to pay.

Notices. We send notices to the e-mail address on your account or through the Service. Send notices to us at inquiries@claimmark.ai.

Assignment. You may not assign these Terms without our consent, except to a successor to substantially all of Customer’s business. We may assign them to a successor to substantially all of our business.

Entire agreement. These Terms, including the addendum below, together with any order form, are the entire agreement between you and ClaimMark about the Service. If a provision is unenforceable, it is enforced to the maximum extent possible and the rest stays in effect. A failure to enforce a provision is not a waiver of it. There are no third-party beneficiaries.

Addendum: ClaimMark-A Prior Art Search and the Search API

This addendum applies to ClaimMark-A Prior Art Search, in the application and through the Search API. Where it conflicts with the sections above, it controls for ClaimMark-A Prior Art Search.

A. Coverage. ClaimMark-A Prior Art Search covers the patent documents in its indexes. Its United States index holds granted patents from 1836 onward and published applications from 2001 onward. It finds them by their text, their Cooperative Patent Classification, and other retrieval methods, including semantic (meaning-based) retrieval, which we may change or improve over time. The text of patents granted before 1976 is machine-read (OCR) text, which may contain errors, and many of those documents lack an abstract, application number, or applicant. Its non-US index holds European Patent Office publications from 1978 onward, with their full text where the European Patent Office’s bulk data includes it, and, for each patent family of other patent offices that has no United States or European member, one record with the family’s title and abstract only (no claims or description). The non-US index is searched by semantic retrieval only, from each record’s title, abstract, and independent claims (not the European description), so a family of another office that has no English title or abstract is not found. Non-US results are shown as a separate list with its own ranking, never merged into the United States results; the non-US index is updated less often than the United States index, and when it cannot answer a search in time, the search says so and returns its United States results. Neither index includes United States design patents, United States patents granted before 1836 (apart from a few surviving earlier patents), or non-patent literature. Every search record names the index build and the date through which it is updated. A search can miss relevant documents, including documents in its coverage.

B. Not legal advice or an opinion. Search results, rankings, and labels are information, not legal advice, and not an opinion on patentability, validity, infringement, or freedom to operate. A label stating how often similar results were cited by an examiner describes past searches and is not a prediction about any document. Section 5 applies to search results as it does to AI output.

C. Search queries. Search queries are Customer Content, are kept confidential under section 4, and are never used to train or tune any model or search method. On plans that keep search history, each user’s history is visible only to that user, and the user can delete one search or all of them at any time. The Search API keeps no query text: it records the time, the key used, and counts.

D. Acceptable use of ClaimMark-A Prior Art Search. In addition to section 6, you must not:

• harvest the index in bulk, or use ClaimMark-A Prior Art Search to build, train, or update a patent database, search index, or dataset, including by systematic queries designed to reconstruct the index or its rankings;
• resell, sublicense, or redistribute raw search results, or offer ClaimMark-A Prior Art Search as a service to third parties, except as part of your own product or professional work for your clients where results are not the main thing provided;
• share an API key outside your organization, embed it in software distributed to others, or let others use it;
• get around plan allowances, rate or concurrency limits, or the free plans’ terms, including by opening several organizations to obtain more free use; or
• use ClaimMark-A Prior Art Search in a way that degrades it for other customers.

The public documents in the index are not ours, and nothing in these Terms limits your use of them obtained from their original sources.

E. API keys. The owner is responsible for keeping the organization’s API keys secret and for all use made with them, and should revoke a key at once if it may have been exposed. We may revoke a key that we believe has been exposed or misused, and will tell the owner.

F. Changes to the Search API. The Search API is versioned in its path (for example, /api/search/v1/). We may add endpoints, fields, and parameters to a version at any time. We will give at least ninety days’ notice before removing or changing anything in a version in a way that breaks existing use, except where a change is needed for security or by law.

G. Limits and fair use. Plans have the allowances and limits on our pricing page and in the Search API documentation. Search Pro’s monthly search allowance is a fair-use limit for one organization’s own work, not a quantity for resale. We may suspend an API key or an organization’s access to ClaimMark-A Prior Art Search, with notice where reasonable, if its use breaches this addendum or threatens the Service.

H. Survival. Paragraphs B and D survive termination.

Questions about these Terms: inquiries@claimmark.ai.