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Last updated: July 08, 2025
This Beta Enrollment Terms (“Agreement”) is a binding agreement between Patentext, Inc. (“Patentext”) and the entity registering for the Service (as defined below) (“Customer”). The Agreement is effective as of the date on which the Customer registers to use the Service (“Effective Date”).
Patentext has developed and offers a software platform that assists the user in the preparation of patent applications (the “Service”). The Service is under development and is currently in the beta testing phase. Customer desires the right to have a limited number of its employees participate in the beta testing of the Service, and Patentext is willing to enter into such a relationship with Customer, subject to the terms and conditions set forth in this Agreement. This Agreement sets forth the terms and conditions under which Patentext is willing to provide Customer with access to the Service.
1.1 “Authorized User” means those of Customer’s employees who are authorized by Customer to use the Services on behalf of Customer and have been provided with user accounts for this purpose.
1.2 “Confidential Information” means any information which is at any time so designated by Patentext in writing as "Confidential” or “Proprietary.”
1.3 “Customer Inputs” are textual, graphical, and/or audio content, including custom prompts which are created by the Customer without reference to any Patentext Technology, provided to the Service by Customer for the purpose of having the Service generate “Customer Outputs,” further defined below.
1.4 “Customer Outputs” are textual content produced for the purpose of providing the Service including textual content stored within intermediate data structures and any other textual output of the Service.
1.5 “Customer Data” means any data, content, works, and information provided by Customer to Patentext through the Service, including any Customer Inputs which the Customer submits for processing by the Service and Customer Outputs generated by the Service.
1.6 “Metric Data” means any content, data, or information that is collected or produced by the Service in connection with the use of the Service that does not identify or otherwise render discoverable any Customer Data and may include, but is not limited to, Customer usage patterns, traffic logs, user interactions with the Service, and anonymized topological representations of intermediate data structures incorporated into the Service.
1.7 “Patentext Technology” means the Service and any and all data, information, and content presented through the Service, including but not limited to (a) Metric Data; (b) the structure, organization, selection, coordination, and arrangements and visualizations thereof, and all elements comprising the foregoing; (c) operational directives and processing templates which Patentext uses to configure Generative Models (defined in section 3.5); (d) all proprietary technology, tools, information, user interfaces, data, datasets, programs, server integrations, hardware, and similar resources utilized by or on behalf of Patentext to provide the foregoing; and (e) all updates, upgrades, modifications, enhancements, or derivatives to any of the foregoing. Patentext Technology excludes Customer Data.
2.1 Access to the Service. Patentext grants Customer a worldwide, non-exclusive, non-transferable, limited right to access and use the Service, and to provide its Authorized Users with access to the Service, solely for Customer’s internal business purposes. Customer acknowledges that the foregoing right (a) is subject to applicable limitations on the number of Authorized Users who are authorized to access the Service; and (b) terminates on the expiration or termination of this Agreement. Customer is solely responsible for, at its own expense, acquiring, installing, and maintaining all connectivity equipment, internet and network connections, hardware, software, and other equipment as may be necessary to connect to the Service.
2.2 Authorized Users. Customer is fully responsible and liable for all acts and omissions of its Authorized Users, whether or not such actions were authorized by Customer. Customer shall: (a) ensure that each Authorized User complies with this Agreement and all applicable laws; (b) where Authorized Users are given access to the Service via user IDs, (i) maintain the confidentiality and security of all user IDs, passwords, and access credentials; and (ii) prevent unauthorized sharing or use of user IDs or access credentials; (c) promptly notify Patentext of any unauthorized access to the Service or security breach; and (c) ensure that access to the Service is promptly revoked upon termination of any Authorized User's employment or engagement with Customer.
2.3 Use Restrictions. Customer shall not: (a) modify or create derivative works from the Patentext Technology; (b) share or transfer the Patentext Technology to third parties; (c) reverse-engineer the Patentext Technology or reverse compile, reverse assemble, or perform any other operation with the Patentext Technology that would reveal any source code, operational directives, processing templates, trade secrets, know-how or other proprietary information; (d) remove or modify any notice of confidentiality, trade secret, trademark, or copyright encoded or embodied in, or otherwise displayed by or on, the Patentext Technology; (e) use the Patentext Technology to generate, engineer, operate or transmit harmful code or malware; (f) use the Patentext Technology for unlawful purposes; (g) sell, license, or otherwise offer the Service to any third party for profit; or (h) otherwise use the Patentext Technology in any way not expressly permitted by this Agreement.
2.4 No Obligation. Neither the provision of the Service, nor this Agreement, creates any obligation for Patentext to develop, productize, support, repair, offer for sale, provide assistance regarding, or in any other way continue to provide the Service to Customer or any other entity or person. Customer has no recourse against Patentext for any losses related to any modification or termination of the Service. Customer acknowledges that because the Service is in the beta phase, Patentext makes no commitment to provide any specific features of the Service in any future versions of the Service, and Patentext may immediately and without notice remove such features for any reason without liability to Customer.
2.5 Service Level Agreement. The performance, uptime, and support commitments for the Service, including any remedies for downtime or service interruptions, are governed by the Service Level Agreement available at https://www.patentext.com/sla (“SLA”), which is incorporated by reference into this Agreement. To the extent of any conflict between the terms of this Agreement and the SLA, the terms of the SLA shall control solely with respect to the matters expressly addressed therein.
3.1 Usage-Based Free Trial. Customer may optionally access a usage-based free trial prior to accessing the beta version of the Service. During the usage-based free trial, Customer shall have limited access to the Service and shall be allowed to create a limited number of patent applications within the Service. The use-based free trial may be subject to additional restrictions, including but not limited to generation or token limits and restrictions on specific features of the Service.
3.2 Beta Access Fee and Duration. Upon payment of a subscription fee of $200 per month for each Authorized User’s access to the beta version of the Service (the “Beta Access Fee”), Customer shall have full access to the Service.
3.3 Preferential Pricing. Customer shall have the option to continue using the Service when the Service becomes available at a preferential rate of $200 per Authorized User per month ("Beta Pricing"). Beta Pricing shall remain in effect for the first twelve (12) months of Customer’s paid access to the Service, beginning upon payment of the Beta Access Fee, provided Customer maintains a continuous subscription to the Service during that time. Upon expiration or termination of this Agreement, as described in Section 7, any further use of the Service shall be subject to Patentext’s then-current Subscription Agreement and pricing.
4.1 Patentext Technology. As between Customer and Patentext, Patentext owns all right, title and interest in and to the Patentext Technology and all intellectual property rights related to the Service, including any improvements, modifications, or enhancements.
4.2 Customer Data. As between Customer and Patentext, Customer owns all Customer Data.
(a) Customer hereby grants to Patentext a non-exclusive right and license to use the Customer Data for the purposes of providing the Service to Customer, exercising Patentext’s rights hereunder, generating Metric Data, and performing Patentext’s obligations hereunder.
(b) Subject to the rights granted in this Agreement, Customer retains all right, title and interest in and to the Customer Data and any intellectual property rights therein or related thereto, and Patentext acknowledges that it neither owns nor acquires any additional rights in and to the Customer Data not expressly granted by this Agreement.
(c) Customer’s rights in Section 4.2 do not restrict Patentext’s ownership of or other rights to information Patentext independently (a) develops or (b) receives from a third party.
As between Patentext and Customer, and to the extent permitted by applicable law, Customer owns all Customer Outputs and Patentext hereby assigns to Customer all of Patentext’s right, title, and interest, if any, in and to Customer Outputs. The foregoing right and assignment does not apply to any data or content created before or independent of Customer Input that led the Service to generate the Customer Output in question, including without limitation any such data or content included in Customer Outputs.
5.1 Metric Data. Patentext retains ownership of all right, title, and interest in and to Metric Data. Patentext may use Metric Data in connection with Patentext’s rights and obligations under this Agreement and to operate, improve, analyze, and support the Service, for benchmarking, reporting, and for any other lawful business purposes.
5.2 No Retention of Customer Data by Providers of Generative Models. “Generative Models” are computer programs that analyze multimodal datasets (textual datasets, audio datasets, and/or visual datasets) to represent, summarize, generate, predict, and create content based on input data. Patentext uses Generative Models to generate Customer Outputs based on the Customer Inputs. For greater security, Patentext has an agreement with the providers of these Generative Models that mandates zero retention of Customer Data by the providers. Patentext prohibits the providers of the Generative Models used in the Service from training their Generative Models using Customer Data.
5.3 Feedback. As consideration for Patentext granting Customer a license to use the Service at the pricing set forth herein, Customer shall notify Patentext of all problems and ideas for enhancements that come to Customer’s attention while using the Service and shall participate in interviews and surveys which are reasonably requested by Patentext. Patentext may use and disclose any or all feedback or suggestions which Customer provides Patentext about the Service, Patentext’s products, or Patentext’s business operations (the “Feedback”) in any manner which Patentext chooses. Customer irrevocably assigns to the Patentext all right, title, and interest in and to the Feedback without compensation, without any obligation to report on such use, and without any other restriction.
5.4 No Further Rights. Nothing in the Agreement is intended to grant or create any right or license to either party with respect to any intellectual property rights owned, licensed, or controlled by the other party, except as expressly specified herein.
Patentext shall use commercially reasonable efforts to ensure the confidentiality and security of the Customer Data by implementing appropriate technical and organizational measures to ensure a level of security appropriate to the risk. Patentext will not access or use Customer Data except as expressly permitted herein.
This Agreement shall expire twelve months after Customer’s first paid access to the Service, or when Patentext releases a publicly available version of the Service, whichever is earlier, unless either party terminates the Agreement earlier in accordance with this Section 7. Either party may terminate this Agreement with or without cause by providing written notice to the other party, and the Customer may stop accessing the Service at any time. The Beta Access Fee is non-refundable; provided, however, that if Patentext terminates this Agreement without cause or Patentext has materially breached its obligations hereunder and failed to remedy such breach within a reasonable period of time after receiving notice of the breach from Customer, Patentext shall return a prorated portion of the Beta Access Fee for the month during which the termination or breach occurred. All of the provisions of this Agreement which expressly or, by their nature, should extend beyond expiration or termination of this Agreement shall survive and remain in full force and effect and apply to each party's respective successors, and permitted assigns. Upon termination or expiration of this Agreement, Customer shall (a) stop accessing the Service; (b) Customer shall promptly return or delete all Confidential Information; and (c) Patentext shall promptly return or delete all Customer Data in its possession.
Customer shall protect and safeguard the confidentiality of Confidential Information with at least a reasonable degree of care and not use Confidential Information, or permit it to be accessed or used, for any purpose other than for the use of the Service in accordance with this Agreement.
9.1 GENERAL DISCLAIMER. CUSTOMER ACKNOWLEDGES THAT IT IS ENTERING THIS AGREEMENT AT ITS OWN RISK. ACCORDINGLY, CUSTOMER AGREES TO ASSUME ALL RISKS FROM USE OF THE SERVICE AND ACKNOWLEDGES THAT THE SERVICE IS PROVIDED “AS IS” AND “WITH ALL DEFECTS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PATENTEXT DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT. PATENTEXT DOES NOT WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL OR ANY ERRORS WILL BE CORRECTED. PATENTEXT WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO ANY DATA. PATENTEXT EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF CUSTOMER OR CUSTOMER ACTIONS TAKEN OR NOT TAKEN BASED ON ANY OUTPUT, OR OTHERWISE IN CONNECTION WITH CUSTOMER’S USE OF THE SERVICE. PATENTEXT’S PROVISION OF THE SERVICE, INCLUDING ALL RELATED OUTPUT, ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. CUSTOMER AND ITS USERS ACKNOWLEDGE THAT THEY ARE RESPONSIBLE FOR DECISIONS, ACTIONS, AND INACTIONS BASED ON THE USE OF THE SERVICE.
9.2 DISCLAIMER OF LEGAL ADVICE. PATENTEXT DOES NOT REPRESENT THAT THE CUSTOMER OUTPUT WILL BE SATISFACTORY IN ANY WAY TO CUSTOMER. WHILE THE CUSTOMER OUTPUT AND SERVICE MAY BE USED IN CONJUNCTION WITH LEGAL SERVICES PROVIDED BY CUSTOMER OR LEGAL DOCUMENTS PREPARED BY THE CUSTOMER, NEITHER THE CUSTOMER OUTPUT NOR ANY SERVICE CONSTITUTE FORMAL LEGAL ADVICE TO THE CUSTOMER OR ANY CLIENT OF CUSTOMER AND CUSTOMER ACKNOWLEDGES AND AGREES THAT THEY DO NOT, AND ARE NOT INTENDED TO, CONSTITUTE FORMAL LEGAL ADVICE.
9.3 CUSTOMER RESPONSIBILITY. THE SERVICE USES GENERATIVE MODELS TO GENERATE THE CUSTOMER OUTPUTS FROM THE CUSTOMER INPUTS. THE CUSTOMER OUTPUTS ARE PROBABILITY-BASED AND SHOULD BE CHECKED BY THE CUSTOMER FOR ACCURACY, COMPLETENESS AND SUITABILITY FOR INTENDED USE. CUSTOMER AGREES THAT IT IS SOLELY AND ULTIMATELY RESPONSIBLE FOR DETERMINING WHETHER ANY CUSTOMER OUTPUTS SATISIFY ANY LEGAL REQUIREMENTS PERTAINING TO THE USE OF SUCH CUSTOMER OUTPUTS BEFORE ANY JUDICIAL OR ADMINISTRATIVE AGENCY, INCLUDING BUT NOT LIMITED TO WHETHER SUCH CUSTOMER OUTPUTS, IN WHOLE OR IN PART, SATISIFY THE REQUIREMENTS OF TITLE 35 OF THE U.S. CODE OR TITLE 37 OF THE CODE OF FEDERAL REGULATIONS. CUSTOMER IS RESPONSIBLE TO DETERMINE WHETHER IT IS REQUIRED TO DISCLOSE ITS USE OF THE SERVICE TO ITS CLIENTS.
9.4 Limited Remedies. PATENTEXT SHALL NOT BE LIABLE FOR LOST PROFITS OR LOSS OF DATA OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT WHICH MAY BE INCURRED BY CUSTOMER. Customer’s sole remedy for any dispute or disagreement arising from or related to the Service or this Agreement is termination of usage of the Service. Patentext’s cumulative liability for any other damages asserted by Customer arising from or relating to this Agreement shall not exceed $600.
Customer and Patentext acknowledge and agree that the relationship arising from this Agreement does not constitute or create any joint venture, partnership, employment relationship or franchise between them. This Agreement may not be amended or modified except in a writing duly executed by the party against whom enforcement of such amendment or modification is sought. The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties, provided that Customer may not assign any of its rights, nor delegate any of its duties, without the prior written consent of Patentext, and further provided that, absent such prior written consent, any attempted assignment or delegation by Customer hereunder shall be null, void and of no effect. Patentext may freely assign this Agreement. This Agreement constitutes the entire agreement between the parties regarding the Service. If any term or provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, or enforceability of the remainder of this Agreement shall not thereby be affected, and this Agreement shall be deemed amended to the extent necessary to delete such provision. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of the same or any other breach by that party, whether prior or subsequent. Any waiver under this Agreement must be in writing and signed by an authorized representative of the waiving party. This Agreement shall be construed in accordance with, and shall be governed by, the laws of the State of Colorado, without giving effect to the principles of conflict of laws thereof. All of the provisions of this Agreement which expressly or, by their nature, should extend beyond expiration or termination of this Agreement shall survive and remain in full force and effect and apply to each party’s respective affiliates, successors, and permitted assigns.