Terms of Service

These Terms govern your access to and use of the Patenta platform, our AI-powered patent search and drafting services, and any related software or applications (collectively, the "Services").

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

• Search patents across global databases (USPTO, EPO, etc.)
• Generate patent draft applications using AI
• Analyze prior art and estimate novelty
• Parse and extract information from documents

The Services utilize complex artificial intelligence models to generate patent search results, application drafts, and strategic analyses (collectively, "Output"). Your use of Output is subject to the following obligations:

• Not Legal Advice: Patenta is not a law firm and does not provide legal advice. Using Patenta does not create an attorney-client relationship. AI outputs are informational only and do not substitute for advice from a licensed patent attorney. You are solely responsible for any decisions made based on outputs from the service.
• Premium Capabilities: Certain premium tiers may include additional capabilities. While more sophisticated, these outputs remain subject to the same limitations and verification requirements as standard model outputs.

• You Own Your Content: Invention descriptions and drafts you create remain yours. We don't claim ownership of your work. AI-generated outputs produced from your inputs are assigned to and owned by you. Patenta retains no intellectual property rights in outputs generated on your behalf.
• We Do Not Train on Your Data: We do not use your invention descriptions, drafts, or other inputs to train AI models, our own or those of our technology partners. We contractually require any sub-processors or technology partners we use to refrain from using your data for model training, human review, or improvement of their systems.
• Data Processing: Where applicable under EU data protection law, Patenta acts as a data processor with respect to any personal data you submit. We process such data solely to provide the service. A Data Processing Agreement (DPA) is available upon request for customers who require one.
• Data Residency & Encryption: Data is encrypted in transit and at rest. All customer data is stored and processed within the European Economic Area (EEA). We do not transfer personal data outside the EEA except where necessary to provide the Services and only subject to appropriate safeguards under applicable EU law, including Standard Contractual Clauses approved by the European Commission or transfers to jurisdictions covered by a valid adequacy decision. A list of sub-processors and their locations is available upon request.
• Data Retention: We keep your drafts for the duration of your subscription. After cancellation, data is retained for 30 days, then permanently deleted. You can request immediate deletion at any time.

• Billing: Subscriptions are billed monthly in advance. Prices are in EUR.
• Refunds: Except as required by applicable law, all payments are non-refundable. If we terminate your subscription for our material breach of these Terms that remains uncured after 30 days written notice, we will refund any prepaid fees covering the period after the effective date of termination on a pro rata basis. Unused credits or quota do not carry over between billing periods.
• Usage Limits: Each plan has limits for searches, drafts, and other features. Exceeding limits may temporarily restrict access until your next billing cycle.
• Price Changes: We may adjust prices with 30 days notice. Changes apply to future billing periods only.
• Renewal: Subscriptions renew automatically at the end of each billing period. For monthly subscriptions, you may cancel at any time before the next renewal date. For annual subscriptions, cancellation notice must be provided at least 30 days before the renewal date to avoid being charged for the next period.

To keep Patenta working well for everyone, please don't:

• Share your account with others or exceed your seat limit
• Use bots or automation to access the service beyond normal use
• Reverse engineer, copy, or extract our software or data
• Resell or redistribute Patenta's outputs commercially without permission
• Use Patenta to infringe on others' intellectual property
• Sensitive Data Prohibition: Do not submit sensitive personal data through Patenta, including government-issued identification numbers, financial account details, health or biometric data, or any data that qualifies as a special category under applicable data protection law. Patenta is not designed to process such data and accepts no liability for its submission.

We aim for high uptime but cannot guarantee uninterrupted service. Maintenance, updates, or technical issues may cause temporary unavailability. We're not liable for missed deadlines or losses due to service disruptions.

To the maximum extent permitted by law:

• We provide Patenta "as is" without warranties of any kind.
• We are not liable for patent rejections, missed deadlines, or incomplete searches.
• We are not responsible for business losses, lost profits, or consequential damages.
• Our aggregate liability arising out of or related to these Terms is limited to the total fees you paid us in the 12 months preceding the event giving rise to the claim.

Notwithstanding the foregoing, our aggregate liability for (i) breach of our confidentiality obligations, (ii) breach of our data protection obligations under Section 4, or (iii) our indemnification obligations under Section 8.2 shall not exceed two times the total fees paid in the 12 months preceding the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, willful misconduct, or death or personal injury caused by negligence.

8.1 Your Indemnification of Us

You agree to defend, indemnify, and hold harmless Patenta, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• (a) your use of the Service in violation of these Terms;
• (b) any content, data, or materials you submit to the Service; or
• (c) your violation of any applicable law or third-party rights.

8.2 Our Indemnification of You

If a third party brings a claim alleging that the Patenta platform, as provided by us and used in accordance with these Terms, directly infringes a third-party intellectual property right, we will indemnify you against any damages and costs finally awarded by a court or agreed in settlement, provided that the claim does not arise from:

• (a) your content or data;
• (b) modifications not made by us; or
• (c) use of the Service in violation of these Terms or applicable law.

You must promptly notify us in writing of any such claim and provide reasonable cooperation at our request. We will not settle any claim in a way that imposes liability or obligation on you without your prior written consent.

If the Services become, or in our reasonable opinion are likely to become, the subject of an infringement claim, we may at our option and expense: (i) procure the right for you to continue using the Services; (ii) modify or replace the Services so they become non-infringing while preserving substantially equivalent functionality; or (iii) terminate the affected Services and refund any prepaid fees covering the period after termination. This Section states our entire liability and your sole and exclusive remedy for any third-party intellectual property claim.

The Patenta platform—our software, algorithms, design, and branding—belongs to us. Your subscription gives you a license to use the service, not ownership of it.

If you provide suggestions, feedback, or ideas about the service, you assign those to us. We may use feedback freely without obligation to you.

Account Eligibility: The Services are intended for patent professionals, in-house IP teams, law firms, investment professionals, universities, and other participants in the patent and intellectual property ecosystem. We may decline, suspend, or revoke any account where we reasonably determine that:

• (a) the applicant or user is employed by, affiliated with, or acting on behalf of a competitor of Patenta;
• (b) the applicant or user has provided inaccurate or incomplete registration information;
• (c) the account presents legal, regulatory, security, or business risk; or
• (d) use of the Services is inconsistent with their intended professional purpose.

We may require reasonable verification of identity, professional role, or organizational affiliation before granting or continuing access.

Suspension: We may temporarily suspend your account if:

• Payment fails or your account is past due and remains unpaid for 15 days following written notice.
• We detect suspicious activity or potential security threats.
• You violate these Terms.
• We are required to do so by law.

We will notify you before suspension where reasonably practicable. In cases involving security threats, legal obligations, or risk to the platform or other users, we may suspend access immediately and without prior notice. During suspension, you can access your data but cannot use paid features.

Termination:

You can cancel anytime from your account settings. We may permanently terminate accounts for repeated or serious violations. After termination, you have 30 days to export your data before it's deleted.

Neither party is liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) to the extent caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, acts of government, pandemics, labor disputes, failures of telecommunications or internet service providers, cloud infrastructure outages, or cyberattacks. The affected party shall notify the other without undue delay and use reasonable efforts to resume performance. If a force majeure event continues for more than 60 days, either party may terminate the affected Services with written notice, and we will refund any prepaid fees covering the period after termination.

These terms are governed by the laws of the Netherlands and the European Union. Any disputes will be resolved in the Netherlands Commercial Court (Amsterdam), with proceedings conducted in English.

We may update these terms occasionally. For significant changes, we'll notify you by email at least 14 days in advance. Continuing to use Patenta after changes means you accept the new terms.

You may not assign or transfer your account or these Terms without our written consent. We may assign our rights to any affiliate or successor without restriction.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms remain in full force and effect. These Terms are drafted in English. In the event of any translation, the English version controls.