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2. DATA PROCESSING. Patent Bots will process your patent documents to provide processing results for you. After providing results to you, Patent Bots will immediately discard your patent documents and not store or log any content of your patent documents. At your option, we may process your patent documents using Google Cloud Platform or Amazon Web Services. Our processing of patent documents on Google Cloud Platform or Amazon Web Services is performed exclusively on computers in the United States.
Where you select Google Cloud Platform, you agree that we may process your data under the Google Cloud Platform Terms of Service and Cloud Data Processing Addendum. As of the date of these Terms, the Google Cloud Platform Terms state that Customer Data (including your patent documents) is confidential information (see Terms 14.19) and that Google will "access Customer Data only as strictly necessary" (see Addendum 7.1).
Where you select Amazon Web Services, you agree that we may process your data under the AWS Service Terms and the AWS Customer Agreement. As of the date of these Terms, the AWS Customer Agreement states that AWS "will not access or use Your Content except as necessary to maintain or provide the Services, or as necessary to comply with the law or a binding order of a governmental body" (see 1.4).
Patent Bots provides the ability to generate patent text using OpenAI's GPT technology. This feature is optional and requires the administrator of your Patent Bots subscription to enable it. If you choose to use this feature, you acknowledge that you have reviewed OpenAI's API data usage policies and authorize Patent Bots to transmit portions of your patent document to OpenAI via their API. Patent Bots has not and will not opt-in to share data with OpenAI for model training or improvement purposes.
Patent Bots will not share the content of your patent documents or processing results with any third party other than processing your patent documents on Google Cloud Platform, Amazon Web Services, or OpenAI.
3. ASSUMPTION OF RISK. You assume all risk of using Patent Bots, and we are not liable under any circumstances for any outcome resulting from your use of Patent Bots. We hold absolutely no liability for any errors or inaccuracies in the processing of patent documents or our presentation of statistics or data. You are solely responsible for the content of your patent documents.
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5. RESTRICTIONS ON USE. For Patent Bots content that requires a subscription to access (e.g., proofreading results or premium examiner statistics), you may not share the content with any person outside of your company, except that your personnel may share information with their clients or outside counsel.
6. RELIANCE ON THIRD-PARTY DATA. Certain Patent Bots products, such as PatentPlex, use data provided by third-parties, such as patent offices. This third-party data may be temporarily unavailable due to reasons outside our control and may limit our ability to provide our products. We do not provide refunds for temporary downtime of our products caused by the unavailability of our third-party data sources.
7. SCRAPING PROHIBITED. You may not perform any manual or automatic actions to systematically download Patent Bots content or to scrape Patent Bots content. For example, you may not use scripts to repeatedly download information from our examiner statistics pages or PatentPlex.
8. NO ATTORNEY-CLIENT RELATIONSHIP OR PRIVILEGE. Your use of Patent Bots does not create any attorney-client relationship nor any form of attorney-client privilege.
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15. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF BUSINESS PROFIT, ANY LOSS OF GOODWILL, ANY LOSS OF DATA, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) THAT MAY ARISE FROM THE USE OF PATENT BOTS. WE SHALL NOT BE LIABLE FOR SUCH DAMAGES WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. GENERAL LEGAL TERMS. The Terms will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the courts located within Massachusetts to resolve any legal matter arising from the Terms or your use of Patent Bots. The Terms are the whole agreement between you and us and supersedes any prior communications or agreements. If any provision of the Terms is held invalid, such provision will be removed, and the remaining provisions will continue to be valid and enforceable. Our failure to enforce any right or remedy arising out of the Terms will not constitute a waiver of such right or remedy.
Last modified December 16, 2023.
