Terms of Service

These Terms of Service ("Terms") govern your access to and use of TrademarkWatch's website and trademark monitoring services (the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

1. Acceptance of Terms

By creating an account or using our Services, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

TrademarkWatch provides automated trademark monitoring services that:

• Monitor trademark filings in specified jurisdictions (currently USPTO)
• Generate phonetic, visual, and conceptual variations of your trademarks
• Alert you to potential trademark conflicts via email
• Provide match details, similarity scores, and filing information

Important: TrademarkWatch is a monitoring and alerting tool only. We do not provide legal advice. For decisions about trademark oppositions, enforcement, or legal strategy, you should consult a qualified trademark attorney.

3. Account Registration

To use our Services, you must create an account. You agree to:

• Provide accurate and complete registration information
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscription and Payment

4.1 Subscription Plans

We offer various subscription plans with different features and trademark limits. Plan details and pricing are available on our website and may change from time to time.

4.2 Billing

Subscriptions are billed in advance on a monthly or annual basis, depending on your chosen plan. Payment is processed by our third-party payment processor, Paddle. By subscribing, you authorize us to charge your payment method for recurring fees.

4.3 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to paid features until the end of your current billing period. We do not provide refunds for partial billing periods.

4.4 Plan Changes

You may upgrade or downgrade your subscription plan at any time. Upgrades take effect immediately, and you will be charged a prorated amount. Downgrades take effect at the start of the next billing period.

5. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Services or servers
• Use automated means (bots, scrapers) to access the Services except as expressly permitted
• Resell, redistribute, or sublicense the Services without our written consent
• Submit false or misleading information
• Use the Services to harass, defame, or infringe on the rights of others

6. Intellectual Property

6.1 Our Rights

The Services, including all content, features, and functionality, are owned by TrademarkWatch and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.

6.2 Your Content

You retain ownership of the trademarks and information you submit to our Services. By submitting content, you grant us a limited license to use, store, and process that content as necessary to provide the Services.

7. Third-Party Data

Our Services incorporate data from third-party sources, including the United States Patent and Trademark Office (USPTO). While we strive to provide accurate and timely information, we do not guarantee the accuracy, completeness, or timeliness of third-party data. For official trademark records, always refer to the original source (e.g., USPTO TSDR).

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• All potential trademark conflicts will be detected
• The information provided is accurate or complete
• The Services will meet your specific requirements

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRADEMARKWATCH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, data, or business opportunities, arising from your use of or inability to use the Services.

Our total liability for any claims arising from these Terms or the Services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless TrademarkWatch and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Services or violation of these Terms.

11. Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will make reasonable efforts to notify you of material changes that affect your use of the Services.

12. Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes by posting a notice on our website or sending you an email. Your continued use of the Services after the effective date of revised Terms constitutes your acceptance of the changes.

13. Termination

We may terminate or suspend your access to the Services immediately, without prior notice, if you breach these Terms. Upon termination, your right to use the Services will cease immediately. Provisions of these Terms that by their nature should survive termination will survive, including ownership, warranty disclaimers, and limitations of liability.

14. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

15. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and TrademarkWatch.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights without restriction.

16. Contact Us

If you have questions about these Terms, please contact us at:

• Email: legal@trademarkwatchapp.com
• Support: Contact Form