Terms of Service

These Terms of Service ("Terms") govern your access to and use of IDS Generator (the "Service"), operated by Aespatir, LLC ("Company"). By using the Service, you agree to these Terms.

1. AMENDMENTS

We reserve the right to modify or replace these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

2. USER RESPONSIBILITY & DUTY OF CANDOR

The User bears ultimate and sole responsibility for the accuracy, completeness, and timeliness of all Information Disclosure Statements (IDS) generated using the Service.

• 37 CFR 1.56 Compliance: You acknowledge your personal "Duty of Disclosure, Candor, and Good Faith" before the USPTO. The Service is a data-processing tool only.
• Final Review Required: You must review every generated document for errors or omissions. Neither the Company nor its licensors verify the legal sufficiency of the references or the data retrieved from third-party APIs (EPO, USPTO, Crossref).

3. NO LEGAL ADVICE

The Service is a software provider, not a law firm. Use of the Service does not constitute legal advice or create an attorney-client relationship. The Service is authorized for use by registered patent practitioners, individuals operating under the supervision of a registered practitioner, or inventors representing themselves (pro se) before the USPTO.

4. INTELLECTUAL PROPERTY & LICENSING

• Ownership & Licensing: The Service and its underlying software, algorithms, and proprietary logic are owned by a third-party licensor and are licensed to the Company.
• Service Availability: You acknowledge that the Company’s right to provide the Service depends on its license from said third-party licensor. If that underlying license terminates for any reason, your access to the Service may be suspended or terminated immediately without liability to the Company.
• Grant of Access: Subject to the Company’s continued rights from its licensor, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access the Service for the purpose of preparing patent prosecution documents.
• User Data: You retain ownership of the patent data you input.
• Restrictions: You may not reverse-engineer, decompile, or attempt to derive the source code of the Service.

5. ACCOUNT TERMINATION

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

6. CONFIDENTIALITY & DATA RETENTION

• Confidentiality: We acknowledge that you may input sensitive, unpublished patent information (e.g., Application Numbers, Filing Dates, Inventorship, Attorney Docket Numbers, Examiner Names, and Art Units). We treat this data as strictly confidential.
• Storage: We utilize enterprise-grade cloud infrastructure for storage. We do not share unpublished metadata with third parties except as necessary to fetch metadata via professional APIs or as required by law.
• Records: We retain records of application numbers and references indefinitely to provide deduplication and filing history features.

7. BILLING, CREDITS, AND REFUNDS

• Pricing Models: The Service offers "Pay-Per-Generation" (billed at the time of IDS creation) and "Pre-Purchased Credits."
• Credits: Credits purchased in advance are applied to your account and can be redeemed for IDS generation. Credits have no cash value, are non-transferable, and are non-refundable.
• Payment Processing: Payments are processed via Stripe, Inc. By providing payment information, you authorize the Company to charge the specified fees.
• Refund Policy: Due to the digital and immediate nature of the Service, all sales are final. No refunds are provided for pre-purchased credits or for individual transactions once an IDS has been generated, including cases where the resulting document contains incorrect or incomplete information due to errors in third-party API data. The Company is not responsible for credits lost due to user error or data inaccuracies from external sources.

8. USPTO UPDATES AND THIRD-PARTY APIS

• Regulatory Changes: The USPTO frequently updates its rules and forms. The Company is not liable for rejections caused by changes in USPTO regulations or forms not yet implemented in the Service.
• API Dependency & Data Accuracy: The Service relies on third-party APIs (including but not limited to EPO OPS, USPTO ODP, and Crossref). The Company is not responsible for the availability, accuracy, or completeness of the information provided by these external sources. You acknowledge that errors or omissions in the final IDS resulting from inaccurate third-party data remain your responsibility to identify and correct prior to filing.

9. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

THE SERVICE IS PROVIDED "AS IS." WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING FITNESS FOR A PARTICULAR LEGAL PROCEEDING.

LIABILITY CAP: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES (E.G., LOSS OF PATENT RIGHTS OR FINDINGS OF INEQUITABLE CONDUCT). OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS.

10. DISPUTE RESOLUTION (ARBITRATION)

Any dispute arising out of or relating to these Terms or the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Fairfax County, Virginia. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

11. GOVERNING LAW AND VENUE

These Terms shall be governed by the laws of the Commonwealth of Virginia. Any legal action arising under these Terms shall be brought exclusively in the state or federal courts located in Fairfax County, Virginia.

12. CONTACT

For questions, contact: Email us