Terms of Service

1. Agreement and Eligibility

These Terms of Service (the “Terms”) are an agreement between TMZap Incorporated, doing business as GleanMark (“GleanMark,” “we,” “us,” or “our”), and the person or entity using the Service (“Customer” or “you”). “Service” means GleanMark's websites, applications, software, data products, AI features, and related services.

You must be at least 18 and legally able to enter into these Terms. If you use the Service for an organization, you represent that you have authority to bind it. You accept these Terms by clicking an acceptance button, creating an account after being shown an acceptance notice, signing an order form, or taking another action that expressly communicates your acceptance.

Our Privacy Policy describes our data practices. An order form, checkout page, subscription page, or signed addendum may contain additional terms. A signed order form or addendum controls over these Terms for the subject it expressly addresses.

2. The Service

GleanMark may provide tools for activities such as:

• trademark, owner, correspondent, firm, examiner, and public-record research;
• knockout searches, clearance reports, similarity analysis, and conflict analysis;
• portfolio organization, watching, monitoring, alerts, docketing, tasks, and deadline workflows;
• prosecution-history, Office Action, TTAB, precedent, and filing-related research;
• AI-assisted conversations, summaries, analyses, reports, drafts, Office Action responses, and recommendations; and
• workflow, collaboration, export, sharing, and other decision-support features.

Features may be introduced, modified, limited, or discontinued. Beta, preview, free, and experimental features may be less reliable and may change without notice. Service descriptions are illustrative and do not promise that every feature will always be available or included in every plan.

Public records and entity matching

GleanMark may normalize, classify, aggregate, deduplicate, link, score, and otherwise transform public records. Profiles, counts, statistics, and associations may incorrectly combine different people or organizations, incorrectly separate related records, or be incomplete. Alternate names, initials, abbreviations, firm moves, shared email addresses, typographical errors, and inconsistent source records can affect results. Verify material information against the underlying source record.

A person or organization may contact support@gleanmark.com to request review of an apparent incorrect association. We will consider reasonable, supported requests, but do not guarantee every requested change, perfect accuracy, or removal of accurate public information.

3. Professional Review and Legal Disclaimer

Use of the Service does not create an attorney-client relationship with GleanMark. The Service may assist lawyers and other customers in performing legal work, but GleanMark does not make professional decisions for you. Outputs may contain errors, omissions, incomplete or outdated information, incorrect entity associations, unsupported AI-generated content, and incorrect facts, citations, authorities, deadlines, or recommendations.

You must independently review and verify material information, source records, legal authorities, citations, deadlines, drafts, filings, and recommendations before relying on, communicating, filing, or submitting them. You remain responsible for legal advice, professional judgments, client communications, trademark adoption decisions, filings, deadlines, and final use of outputs.

GleanMark does not guarantee registration, clearance, non-infringement, successful prosecution, enforceability, or any particular legal or business outcome.

4. Alerts, Deadlines, and Docketing

Alerts, monitoring events, status information, calculated dates, tasks, and docketing features are conveniences and are not your official docket, system of record, or sole deadline-control system. They may be late, incomplete, duplicated, incorrectly calculated, associated with the wrong matter, or not delivered because of source-data issues, processing delays, software errors, configuration choices, email filtering, third-party outages, or other causes.

You must independently obtain official notices, monitor applicable sources, calculate and calendar deadlines, confirm delivery, and maintain appropriate backup procedures. GleanMark does not guarantee that a monitoring event will be detected or that an alert will be sent, received, or received in time.

5. Accounts and Organizations

You must provide accurate account information, protect login credentials, use a separate authorized seat for each user unless your commercial terms say otherwise, and promptly report suspected unauthorized use. You are responsible for activity under your account and for your authorized users' compliance with these Terms.

An organization administrator may manage membership, access organization content, and control organization settings. You are responsible for obtaining necessary authorization before adding people, client data, or third-party information to the Service.

Filing-related features

GleanMark does not currently submit trademark filings as a customer's representative. If we later enable a feature that expressly permits submission, your final submission instruction authorizes GleanMark to perform the disclosed ministerial transmission. You must review and approve all content, signatures, declarations, fees, filing bases, specimens, owner information, and other submission details. Such transmission does not create legal representation or make GleanMark responsible for the substance, legal sufficiency, acceptance, or outcome of a filing.

6. Subscriptions and Billing

Plans, prices, billing intervals, included allowances, usage limits, overage rates, discounts, and effective dates are the commercial terms shown at checkout, on the applicable pricing or purchase page, on your subscription page, or in a signed order form when you purchase or renew. GleanMark may preserve a record of the commercial terms you accepted. An order form controls if it conflicts with general commercial language in these Terms.

• Payment. You authorize recurring charges and usage-based charges described at purchase. Fees are due in the stated currency and payment period.
• Renewal. A paid subscription renews automatically for the same billing interval unless canceled before renewal.
• Taxes. Fees exclude taxes unless stated otherwise. You are responsible for applicable taxes other than taxes on GleanMark's net income.
• Failed payments. We may retry a payment, limit features, suspend access, or terminate a subscription after a failed or overdue payment.
• Cancellation and refunds. Cancellation stops future renewal and generally takes effect at the end of the paid period. Fees are nonrefundable except where the purchase terms or law require otherwise.
• Price changes. Changes apply to future purchases or renewal periods after reasonable notice and do not retroactively change a prepaid period.

7. Customer Content and Improvement

“Customer Content” means information, documents, prompts, instructions, notes, private portfolio information, and other material submitted to or generated for Customer through the Service, excluding GleanMark Materials defined below. You represent that you have the rights and authorizations needed for GleanMark to process Customer Content as described in these Terms.

You grant GleanMark a worldwide, nonexclusive license to host, copy, process, transmit, display, and otherwise use Customer Content as reasonably needed to provide, support, secure, administer, test, evaluate, diagnose, and improve the Service; improve search, matching, retrieval, analytics, and workflows; develop GleanMark features; conduct quality review; comply with law; and enforce these Terms.

GleanMark will not use identifiable Customer Content to train or fine-tune machine-learning models unless your organization affirmatively opts in. We may use aggregated or properly de-identified information for analytics, development, and improvement. An opt-in applies prospectively and does not require us to undo prior authorized improvements, retrain previously developed models, or delete aggregated or properly de-identified information. We do not permit outside AI providers to train their general-purpose models using Customer Content submitted through our business integrations.

To diagnose AI features, we may retain restricted copies of full AI inputs and outputs for up to 90 days. After that period, raw diagnostic content is deleted or properly de-identified. Non-content technical metadata—such as provider, model, timing, latency, token usage, cost, feature, success, and error status—may be retained longer. Customer-visible saved conversations, reports, drafts, and documents are separate from hidden diagnostic copies. See our Privacy Policy for more information.

8. Ownership and Output Rights

As between the parties, Customer retains its rights in Customer Content, prompts, and customer-specific drafts, Office Action responses, analyses, and notes, to the extent intellectual-property rights exist in them and subject to third-party rights.

GleanMark and its licensors retain all rights in the Service and its underlying technology and materials, including software, models, system prompts, workflows, templates, report formats, search systems, taxonomy, scoring, matching, structured data, entity profiles, transformations, analytics, usage information, improvements, and aggregated or de-identified information (“GleanMark Materials”).

During your authorized use of the Service, GleanMark grants you a nonexclusive license to use, copy, edit, share, and file reports and outputs created for you for your own business and client work. This license does not permit bulk extraction, resale or redistribution of GleanMark datasets or report products, creation of a competing database or service, or use of GleanMark Materials to train or evaluate a competing model. Public records and third-party materials retain their existing legal status and ownership. Outputs may not be unique or eligible for intellectual-property protection.

If you provide feedback, you grant GleanMark a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or attribution, provided we do not publicly identify you without permission.

9. Confidentiality

GleanMark will treat nonpublic Customer Content as confidential and use or disclose it only as permitted by the agreement; to provide, support, secure, administer, develop, or improve the Service; to personnel and service providers with a legitimate need to know and confidentiality obligations; with Customer's authorization; or as legally required. We will not disclose one customer's identifiable Customer Content to another customer.

Confidentiality obligations do not apply to information that becomes public without GleanMark's wrongdoing, was lawfully received from another source without a confidentiality duty, was independently developed without the confidential information, was authorized for disclosure, or must be disclosed by law or legal process. Where legally permitted, we will make reasonable efforts to give notice before compelled disclosure.

10. Acceptable Use

You may not use the Service to:

• violate law, third-party rights, confidentiality duties, court rules, or professional obligations;
• upload content without necessary rights, consent, or authorization;
• scrape, crawl, harvest, or bulk extract the Service, except through an expressly authorized API and within its limits;
• reverse engineer, decompile, discover source code or nonpublic system prompts, bypass safeguards, or evade access, rate, seat, or usage limits;
• share credentials, misrepresent identity or authority, interfere with the Service, introduce malicious code, or probe security without written permission;
• resell, repackage, sublicense, or commercially distribute the Service or GleanMark Materials except as expressly authorized;
• build or improve a competing product, database, search service, or model, including through machine-learning training or competitive evaluation;
• remove proprietary notices or imply that GleanMark endorses or represents you; or
• use automated means that impose unreasonable load or harm GleanMark, its providers, or other users.

These restrictions do not prevent ordinary use of outputs for your own legal, business, and client work.

11. Indemnification

Customer indemnity

Customer will defend and indemnify GleanMark and its affiliates, officers, directors, and personnel from a third-party claim, and resulting covered damages, settlements, and reasonable defense costs, to the extent caused by Customer Content; Customer's lack of necessary rights or authorization; illegal or prohibited use; Customer's modification, combination, publication, filing, distribution, or commercialization of an output; Customer's adoption, filing, recommendation, or use of a trademark; or Customer's material violation of these Terms or applicable law.

This obligation does not apply to the extent the claim results from GleanMark's breach, negligence or intentional misconduct, unauthorized disclosure of Customer Content, or infringement covered by an express GleanMark indemnity. Customer's aggregate liability under this subsection is limited as described in Section 13.

Optional AI-output copyright protection

GleanMark provides no AI-output indemnity unless the applicable paid plan, checkout, order form, or signed addendum expressly states that AI Output Copyright Protection is included. If included, GleanMark will defend a qualifying third-party copyright claim alleging that unmodified output generated through a paid, generally available AI feature infringes the claimant's copyright, and will pay covered settlements and final damages subject to Section 13. Mere citation, submission, analysis, summarization, or comparison of third-party material does not automatically eliminate coverage.

Coverage does not apply to the extent a claim is caused by:

• Customer Content or instructions directing or materially causing unauthorized copying, imitation, adaptation, or incorporation;
• use of output as a trademark, brand, product name, or domain name;
• Customer modifications or combinations, or continued use after a warning or requested cessation;
• known or reasonably apparent infringement, or ignoring citations, warnings, safeguards, or filters;
• legal errors, unsuccessful outcomes, privacy, publicity, defamation, confidentiality, or data-protection claims; or
• free, beta, preview, or experimental features.

GleanMark may obtain rights, modify or replace output or a feature, disable the affected feature, or terminate it and refund applicable unused prepaid fees.

Procedure

An indemnified party must promptly notify the indemnifying party and reasonably cooperate at the indemnifying party's expense. The indemnifying party controls the defense and settlement, but may not settle in a way that admits fault by, or imposes a nonfinancial obligation on, the indemnified party without written consent. Delayed notice reduces protection only to the extent it materially harms the defense.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, OUTPUTS, PUBLIC RECORDS, AND THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GLEANMARK DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, AND ERROR-FREE OR UNINTERRUPTED OPERATION.

GleanMark does not warrant that source records are complete or current, that AI outputs are accurate or unique, that alerts or communications will be delivered, or that the Service will identify every relevant record, conflict, event, deadline, or issue. Nothing in these Terms excludes a warranty that cannot legally be excluded.

13. Limitation of Liability

Excluded damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

Ordinary cap

Except for the enhanced caps and exclusions below, each party's total aggregate liability arising out of or relating to the Service and these Terms will not exceed the fees paid or payable by Customer to GleanMark in the six months before the event giving rise to liability. For a Customer using only free Service, the cap is $100.

Enhanced cap for specified claims

For liability finally determined to result from a party's gross negligence or willful misconduct, the aggregate cap is the greater of two times the fees paid or payable in the preceding six months or $1,000, to the maximum extent permitted by law. The claimant must prove the conduct, causation, and recoverable damages.

The same enhanced cap applies to GleanMark's breach of its confidentiality obligations or a security incident involving Customer Content, but only for actual harm or loss caused by that breach or incident. The occurrence of an incident or technical violation by itself does not create damages, liquidated damages, or an entitlement to the cap. Incident-response costs are recoverable only to the extent actually incurred, legally recoverable, and caused by the covered event.

Customer's total aggregate liability for its indemnification obligations under Section 11 is capped at the greater of two times the fees paid or payable in the preceding six months or $1,000, including covered defense costs, settlements, and final awards. Any GleanMark AI-output indemnity is subject to the ordinary cap.

Exclusions and no stacking

The caps do not limit Customer's obligation to pay fees, fraud or fraudulent misrepresentation, or liability that applicable law does not permit the parties to limit. Caps do not stack: the highest applicable cap is the total aggregate ceiling for all claims arising from the same or related facts. A signed order form or addendum may expressly provide a different cap.

14. Suspension and Termination

You may stop using the Service or cancel renewal at any time. Either party may terminate a signed order form for an uncured material breach after written notice and a reasonable cure period, unless the breach cannot be cured.

GleanMark may immediately limit or suspend access when reasonably necessary to address a security risk, suspected illegal activity, abuse, material harm to the Service or others, nonpayment, or a material violation of these Terms. When practical, we will provide notice and an opportunity to cure. We may terminate for an uncured violation or when continued service would create material legal, security, or operational risk.

After termination, your right to use the Service ends. On request, we may provide reasonably exportable Customer Content in a reasonably usable format, subject to verification, legal and security restrictions, and the capabilities of the Service. Data may be retained, deleted, or de-identified as described in the Privacy Policy. Terms that by their nature should survive—including payment, ownership, confidentiality, indemnification, disclaimers, liability, disputes, and general terms—will survive.

15. Disputes and Arbitration

Before filing a claim, a party must send written notice describing the dispute and requested relief and allow 60 days for good-faith informal resolution. Notices to GleanMark must be sent to legal@gleanmark.com and the address in Section 16.

Except for eligible small-claims matters and claims seeking temporary or injunctive relief for unauthorized use, intellectual-property infringement, or security abuse, any unresolved dispute arising from these Terms or the Service will be resolved by individual binding arbitration administered by JAMS under its applicable streamlined rules. The Federal Arbitration Act governs this arbitration provision. The arbitration will be conducted in English in Delaware, remotely, or at another mutually agreed location. The arbitrator may award any individual remedy a court could award, subject to these Terms.

Claims may be brought only in an individual capacity, not as a plaintiff or class member in a class, consolidated, collective, or representative proceeding. If this class waiver is unenforceable for a claim, that claim must proceed in court and not arbitration. You may opt out of this arbitration agreement by emailing legal@gleanmark.com within 30 days after first accepting it, with your name, account email, organization, and a clear statement that you opt out. Opting out does not affect other Terms.

Delaware law governs these Terms without regard to conflict-of-law principles. Any matter permitted in court must be brought exclusively in the state or federal courts located in Delaware, and each party consents to their jurisdiction and venue. To the extent permitted by law, a claim must be filed within one year after it accrued.

16. Changes and General Terms

Changes

If we make a material change to these Terms, we will require you to review and affirmatively accept the updated Terms before continuing to use the Service. The material change takes effect for you when you accept it, including when the Service blocks access pending acceptance. Nonmaterial changes may take effect when posted. Commercial price changes are governed by Section 6. We maintain records of policy versions and acceptance events.

General

Neither party may assign these Terms without the other's consent, except that GleanMark may assign them in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. GleanMark is not liable for delay or failure caused by events beyond its reasonable control. These Terms, the Privacy Policy, and applicable purchase documents are the entire agreement about the Service and supersede prior discussions on that subject. Failure to enforce a term is not a waiver. If a term is unenforceable, it will be modified to the minimum extent needed and the remainder will continue. Headings are for convenience only. Electronic notices and signatures satisfy written-form requirements where permitted by law.

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