Terms of Service

Effective Date: October 20, 2025

Last Updated: November 25, 2025

These terms govern your use of GleanMark. Please read them carefully before using our service.

1. Agreement to Terms

Welcome to GleanMark, a trademark monitoring and portfolio management platform operated by TMZap Incorporated ("GleanMark," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, mobile applications, and services (collectively, the "Service").

By accessing or using GleanMark, you agree to be bound by these Terms and our Privacy Policy.If you disagree with any part of these Terms, you may not access or use the Service.

You must be at least 18 years old to use this Service. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age.

2. Service Description

GleanMark provides:

  • Trademark Search - Search and discover USPTO trademark records
  • Portfolio Management - Organize and manage multiple trademark portfolios
  • Monitoring & Alerts - Track trademark status changes and receive email notifications
  • Owner Tracking - Monitor trademark owners and their portfolios
  • Document Access - View publicly available USPTO documents and filings
  • Comparison Tools - Compare trademarks side-by-side for conflict analysis

AI-Powered Analysis Tools

GleanMark incorporates artificial intelligence to accelerate your trademark research:

  • AI Prosecution Summaries - AI-generated analysis of USPTO Office Actions and applicant responses
  • AI TTAB Summaries - AI-generated analysis of opposition and cancellation proceedings
  • AI Confusion Analysis - AI-powered evaluation of likelihood of confusion using DuPont factors
  • Similarity Search - Algorithmic identification of potentially conflicting marks

These AI tools are designed to accelerate professional research, not replace it. AI-generated analysis should be verified against source documents and reviewed by qualified professionals before being relied upon for legal decisions. See Section 3 for important limitations.

CRITICAL: WE DO NOT PROVIDE LEGAL ADVICE

GleanMark is a data and software tool, NOT a law firm or legal service provider.We do not provide legal advice, trademark registration services, or legal representation of any kind.

  • We provide data and tools to help you research and manage trademarks
  • We do NOT advise on trademark availability, registrability, or infringement
  • We do NOT file trademark applications or respond to USPTO office actions
  • We do NOT interpret trademark law or provide legal opinions
  • You should consult a licensed trademark attorney for legal advice

Use of our Service does not create an attorney-client relationship. No communication through our platform should be considered legal advice.

3. AI-Powered Features and Limitations

Understanding AI-Generated Content

GleanMark uses advanced AI models (including Claude by Anthropic and OpenAI) to analyze trademark documents and generate summaries, insights, and risk assessments. These tools are designed to accelerate professional trademark research by identifying key issues, organizing complex prosecution histories, and highlighting potential conflicts that would otherwise require hours of manual document review.

Like all AI-powered legal research tools, GleanMark's AI features are designed to work alongside—not replace—professional judgment. This reflects industry best practices established by the American Bar Association and leading legal technology providers.

AI Feature Limitations

AI Prosecution & TTAB Summaries

  • Summaries are generated from extracted document text; scanned PDFs and image-based documents may not be fully analyzed
  • Not all prosecution documents may be available or extractable; coverage percentage is displayed with each summary
  • AI interpretation of legal arguments, examiner findings, and case outcomes may be incomplete or inaccurate
  • Summaries are cached and may not reflect documents filed after generation

AI Confusion Analysis (DuPont Factors)

  • Analysis evaluates standard DuPont factors but cannot assess all evidence types used in actual TTAB proceedings
  • Risk scores are algorithmic estimates based on available data, not predictions of legal outcomes
  • Market research via web search may not represent complete commercial landscape
  • Different USPTO examiners, TTAB panels, and courts may weigh factors differently

Similarity Search & Clearance Tools

  • Searches cover USPTO federal records only; state registrations, common law marks, and international marks are not included
  • Phonetic, visual, and conceptual similarity algorithms cannot perfectly replicate human perception or legal standards
  • Results are filtered by similarity thresholds; relevant marks may fall below threshold
  • Database updates lag USPTO by 1-7 days; recent filings may not appear

Automated Alert System

  • Alerts are triggered by USPTO data changes and processed periodically, not in real-time
  • Email delivery depends on factors outside our control (spam filters, bounces, provider policies)
  • Not all USPTO events may trigger alerts; system coverage has limitations
  • Deadline calculations are based on USPTO data and may not account for all legal nuances

AI-GENERATED CONTENT DISCLAIMER

AI-generated summaries, analyses, risk scores, and insights are provided for informational and research purposes only. They are NOT legal advice, NOT legal opinions, and NOT substitutes for professional trademark clearance searches or attorney review.

AI systems may produce errors including:

  • Inaccurate information: AI may misinterpret, mischaracterize, or incorrectly summarize document contents, legal arguments, or case outcomes
  • Fabricated details: AI may generate plausible-sounding information (dates, citations, referenced marks) that does not exist in source documents
  • Incomplete analysis: AI may fail to identify relevant issues, arguments, or conflicts present in the source materials
  • Outdated information: Cached results may not reflect recent filings or changes

You must verify AI-generated content against original source documents (USPTO.gov, TSDR, TTABVUE) before relying on it for any legal decision, filing, or business action.

Your Acknowledgment

By using GleanMark's AI-powered features, you acknowledge and agree that:

  • AI-generated content is a starting point for professional review, not a final conclusion
  • You will verify information against original USPTO documents before taking action
  • You will consult qualified professionals (licensed trademark attorneys) for legal decisions
  • You will not rely solely on AI analysis for trademark clearance, filing decisions, or legal strategy
  • You will maintain independent deadline tracking and not rely solely on GleanMark alerts

4. Your Responsibilities

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately if you suspect unauthorized access.

Accurate Information

You agree to provide accurate, current, and complete information when creating your account and to update it as necessary to maintain its accuracy.

Lawful Use Only

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations.

Prohibited Activities

You agree NOT to:

  • Use automated scripts, bots, or scrapers to access the Service
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the Service or servers
  • Use the Service to violate any third party's intellectual property rights
  • Resell, redistribute, or sublicense access to the Service without our written permission
  • Remove, obscure, or alter any legal notices displayed in or along with the Service
  • Use the Service in any manner that could damage, disable, overburden, or impair our infrastructure

5. Subscription Plans and Billing

Available Plans

Free Plan

  • Monitor 1 trademark
  • Track 1 trademark owner
  • Unlimited USPTO searches
  • Email notifications
  • No credit card required

Paid Plans

  • Starter: 5 trademarks, 3 owners ($49/month)
  • Professional: 25 trademarks, 10 owners ($199/month)
  • Corporate: 100 trademarks, 35 owners ($599/month)
  • All paid plans include 7-day free trial

Billing and Payment

Billing Cycles

Paid subscriptions are billed in advance on a monthly or annual basis (your choice). Annual plans receive a 15% discount compared to monthly billing.

Auto-Renewal

Your subscription automatically renews at the end of each billing cycle unless you cancel before the renewal date. You will be charged using your payment method on file. We'll send you an email reminder before each renewal.

7-Day Free Trial

All paid plans include a 7-day free trial. You will not be charged during the trial period. If you cancel before the trial ends, you will not be charged. If you don't cancel, your subscription begins and you'll be charged at the end of the trial period.

Payment Processing

All payments are processed securely by Stripe, Inc. We do not store your credit card information. By providing payment information, you authorize us to charge your payment method for your subscription fees.

Cancellation and Refunds

How to Cancel

You can cancel your subscription at any time through your Account Settings or by contacting support@gleanmark.com. Cancellation stops future billing but does not refund the current billing period.

Service Through End of Period

When you cancel, you retain full access to your paid plan features until the end of your current billing period. After that, your account reverts to the Free plan.

Refund Policy

We offer a 7-day money-back guarantee for first-time subscribers:

  • If you cancel within 7 days of your first charge, you'll receive a full refund
  • Refunds are processed to your original payment method within 5-10 business days
  • This applies only to your initial subscription purchase
  • Renewals are not eligible for refunds (cancel before renewal to avoid charges)

Downgrades

If you downgrade your plan, the change takes effect at the start of your next billing cycle. You keep your current plan features until then. Note: Downgrading may require removing trademarks or owners if you exceed the new plan's limits.

Upgrades

Upgrades take effect immediately. You'll be charged a prorated amount for the remainder of your current billing cycle, then the full amount at your next renewal.

Price Changes

We may change our subscription prices at any time. Price changes do NOT affect existing subscribers until their next renewal. We'll notify you at least 30 days before any price change takes effect. Continued use of the Service after a price change constitutes your acceptance of the new price.

6. Intellectual Property Rights

USPTO Data (Public Domain)

Trademark data displayed in GleanMark is sourced from the United States Patent and Trademark Office (USPTO) and is public domain information. This data is not owned by GleanMark and is freely available to the public through the USPTO's official channels.

GleanMark's Proprietary Rights

The Service itself, including all software, algorithms, user interface design, branding, logos, and original content, is owned by TMZap Incorporated and protected by:

  • United States and international copyright laws
  • Trademark laws. The "Glean" brand and related trademarks are licensed from Glean IP Holdings Inc. TMZap® is a trademark of TMZap Incorporated.
  • Trade secret and intellectual property laws

You may not copy, modify, distribute, sell, or reverse engineer any part of our Service without our explicit written permission.

Your Data and Portfolios

You retain all rights to the data you create in GleanMark (your portfolios, saved searches, notes, etc.). However, you grant us a limited license to use this data to provide the Service to you and to improve our algorithms and features.

License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes. This license does not include any resale or commercial use of the Service or its contents.

7. Disclaimers and Limitations

Note: For disclaimers specific to AI-powered features, see Section 3: AI-Powered Features and Limitations.

READ THIS SECTION CAREFULLY

These disclaimers and limitations are fundamental to our agreement. By using GleanMark, you acknowledge and accept these limitations.

NO LEGAL ADVICE

GleanMark provides data and software tools only. We do not provide legal advice, trademark filing services, or legal representation. You should consult a licensed attorney for legal advice regarding trademarks, intellectual property, or any legal matter.

NO WARRANTY OF DATA OR AI ACCURACY

Trademark data displayed in GleanMark is sourced from the USPTO. We make no guarantees about the accuracy, completeness, or timeliness of this data.

  • Data may be outdated, incomplete, or contain errors from the USPTO source
  • There may be delays between USPTO updates and our database updates
  • We process and display data as-is from the USPTO without independent verification
  • You should verify critical information directly with the USPTO at USPTO.gov
  • AI-generated summaries and analyses are based on this data and may contain additional errors from AI interpretation
  • AI may mischaracterize, fabricate, or omit information present in source documents

NO LIABILITY FOR MISSED DEADLINES

While we provide status change alerts and deadline notifications as a convenience, we are NOT responsible for missed deadlines, late filings, or any consequences thereof. You are solely responsible for monitoring your trademark deadlines and meeting USPTO requirements. Our alerts are informational only and should not be relied upon as your sole deadline tracking method.

CRITICAL: GleanMark alerts must NOT be your sole or primary deadline tracking method. You must maintain independent deadline tracking systems including calendar reminders, professional docketing software, attorney oversight, and/or direct USPTO monitoring.

"AS-IS" SERVICE

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, including but not limited to:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties that the Service will be uninterrupted, error-free, or virus-free
  • Warranties regarding the accuracy or reliability of any information obtained through the Service
  • Warranties that defects will be corrected or that the Service meets your requirements

NO GUARANTEE OF AVAILABILITY

We strive for high uptime but do not guarantee that the Service will always be available, accessible, uninterrupted, or error-free. We may suspend or terminate the Service at any time for maintenance, updates, or other reasons.

8. Limitation of Liability

MAXIMUM LIABILITY CAP

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

For Free plan users, our maximum liability is $100 USD.

No Consequential Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or loss of use of the Service
  • Cost of substitute goods or services
  • Trademark registration refusals, cancellations, or oppositions
  • Missed deadlines or late filings with the USPTO
  • Legal fees or costs incurred due to trademark disputes
  • Damage to reputation or goodwill
  • Decisions made based on AI-generated summaries, analyses, risk scores, or recommendations
  • AI errors including inaccuracies, fabricated information, or incomplete analysis
  • Trademark conflicts, opposition proceedings, or infringement claims involving marks not identified by our search or similarity tools
  • Missed deadlines resulting from delayed, undelivered, or failed alerts regardless of cause
  • Reliance on AI-powered features as a substitute for professional legal advice or comprehensive trademark clearance searches

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Exceptions

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless TMZap Incorporated, GleanMark, and our officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use or misuse of the Service
  • Your violation of any law or the rights of a third party
  • Your trademark applications, registrations, or disputes
  • Any content you submit or transmit through the Service
  • Your reliance on AI-generated content, analyses, or recommendations for legal, business, or financial decisions
  • Claims arising from your presentation of GleanMark's AI outputs as professional legal opinions or comprehensive clearance searches

10. Termination

Your Right to Terminate

You may cancel your account at any time through your Account Settings or by contacting support@gleanmark.com. Upon cancellation, your access to paid features will continue through the end of your current billing period, then your account will revert to the Free plan.

Our Right to Terminate

We may suspend or terminate your access to the Service immediately, with or without notice, for any reason, including but not limited to:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Non-payment of fees
  • Excessive or abusive use of the Service that impacts other users
  • Any conduct that we believe harms GleanMark, other users, or third parties

Effect of Termination

Upon termination, your right to access and use the Service immediately ceases. We provide a 30-day grace period during which you can export your data and restore your account if desired. After 30 days, your data will be permanently deleted from our systems (except as required by law or for legitimate business purposes).

No Refund on Termination for Cause

If we terminate your account for violation of these Terms, you will NOT receive a refund for any unused portion of your subscription.

11. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY

This section affects your legal rights, including your right to file a lawsuit in court and have a jury hear your claims. It also requires you to arbitrate disputes on an individual basis.

Informal Resolution First

If you have a dispute with us, please contact us first at legal@gleanmark.com or support@gleanmark.com. Most disputes can be resolved quickly and amicably through direct communication. We commit to working with you in good faith to resolve any issues within 60 days before either party may initiate arbitration.

BINDING ARBITRATION AGREEMENT

If informal resolution fails, you and GleanMark agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including its formation, performance, or breach) shall be resolved exclusively through binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) in accordance with its Streamlined Arbitration Rules and Procedures.

  • The arbitration shall be conducted in Delaware, United States
  • The arbitrator's decision will be final and binding
  • Judgment on the arbitration award may be entered in any court of competent jurisdiction
  • Each party shall bear its own costs and attorneys' fees, unless the arbitrator awards fees to the prevailing party
  • The arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief

CLASS ACTION WAIVER

YOU AND GLEANMARK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

This means you cannot participate in a class action lawsuit against GleanMark, and GleanMark cannot participate in a class action against you. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

Exceptions to Arbitration

Either party may bring a lawsuit in court for:

  • Claims related to intellectual property infringement
  • Claims seeking injunctive relief for violations of intellectual property rights
  • Small claims court actions (if the claim qualifies for small claims court jurisdiction)

Governing Law

These Terms and any disputes arising out of or related to the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Time Limit for Claims

You agree that any claim or cause of action arising out of or related to the Service must be filed within one (1) year after such claim or cause of action arose, or it will be barred to the fullest extent permitted by law.

Severability of Arbitration Provisions

If any part of this arbitration agreement is found to be unenforceable, the remainder shall continue in full force and effect. However, if the class action waiver is found to be unenforceable, the entire arbitration agreement shall be void, and disputes shall be resolved in court.

Right to Opt-Out of Arbitration

You have the right to opt out of this arbitration agreement by sending written notice to legal@gleanmark.com within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you and GleanMark agree to resolve disputes through the courts of Delaware.

12. Changes to These Terms

Our Right to Modify

We reserve the right to modify these Terms at any time. When we make material changes, we will:

  • Update the "Last Updated" date at the top of this page
  • Send you an email notification at least 30 days before changes take effect
  • Display an in-app notification when you next log in

Your Acceptance

Your continued use of the Service after changes take effect constitutes your acceptance of the updated Terms. If you don't agree with the new Terms, you must stop using the Service and may cancel your account.

Material Changes

For particularly significant changes (such as changes to pricing, refund policies, or limitations of liability), we may require your explicit acceptance before you can continue using the Service.

13. Miscellaneous Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and GleanMark concerning the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of law, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign or transfer these Terms or your account to any third party without our written consent. We may assign our rights and obligations under these Terms without restriction.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Third-Party Services

The Service may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, accuracy, or practices of any third-party websites or services. Your use of third-party services is governed by their respective terms and policies.

Survival

Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.

14. Contact Information

If you have questions about these Terms or need to contact us regarding legal matters:

TMZap Incorporated (d/b/a GleanMark)

Legal inquiries: legal@gleanmark.com

General support: support@gleanmark.com

Billing questions: billing@gleanmark.com

Mailing address: 7 Rye Ridge Plaza, Suite 660, Rye Brook, NY 10573

Acknowledgment

By using GleanMark, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You acknowledge that these Terms constitute a binding legal agreement between you and TMZap Incorporated. If you do not agree to these Terms, you must not access or use the Service.

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