Terms of Use and Software-as-a-Service Agreement

These Terms of Use and Software-as-a-Service Agreement (“Terms”) constitute a legally binding agreement between Nightjar Imports Limited, a Pennsylvania limited liability company (“Nightjar,” “we,” “us,” or “our”), which operates the software service known as Your Private Trademark Docket, and the person or entity accessing or using the Service (“Customer,” “you,” or “your”).

These Terms govern access to and use of the Your Private Trademark Docket website, web application, software, databases, tools, features, application programming interfaces, communications, and related services (collectively, the “Service”).

PLEASE READ THESE TERMS CAREFULLY. THE SERVICE IS A SOFTWARE TOOL FOR TRADEMARK DOCKETING, PORTFOLIO MANAGEMENT, USPTO DATA ORGANIZATION, AND AUTOMATED SCREENING. NIGHTJAR IS NOT A LAW FIRM, DOES NOT PROVIDE LEGAL ADVICE OR LEGAL REPRESENTATION, AND DOES NOT DETERMINE WHETHER A TRADEMARK CONFLICT, LIKELIHOOD OF CONFUSION, OPPOSITION, FILING, OR OTHER LEGAL ACTION EXISTS OR IS WARRANTED. THE SERVICE IS NOT A SUBSTITUTE FOR INDEPENDENT PROFESSIONAL JUDGMENT, INDEPENDENT DOCKETING PROCEDURES, OR VERIFICATION OF DEADLINES, USPTO RECORDS, FILING REQUIREMENTS, OR OTHER LEGAL OBLIGATIONS.

By creating an account, accepting an invitation, clicking an acceptance button or checkbox, beginning a trial, purchasing or using a subscription, or otherwise accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility and Authority

You must be at least eighteen (18) years old and legally capable of entering into a binding agreement to use the Service.

If you access or use the Service on behalf of a law firm, company, government agency, organization, client, or other entity, you represent and warrant that you have authority to bind that entity to these Terms. In that event, “Customer,” “you,” and “your” refer to both you and that entity as applicable.

The Service is intended primarily for professional and business use, including use by attorneys, legal professionals, trademark owners, businesses, and others responsible for managing trademark portfolios.

2. The Service

Your Private Trademark Docket provides software tools intended to assist users in organizing and managing trademark portfolios and related information.

Depending on features then available and the Customer’s subscription, complimentary access, role, workspace, or other authorized access level, the Service may include functionality for:

• creating, renaming, managing, and deleting trademark dockets or workspaces;
• creating, importing, restoring, removing, and managing trademark matters;
• retrieving, synchronizing, caching, and displaying information obtained from the United States Patent and Trademark Office (“USPTO”);
• tracking trademark application and registration information;
• displaying trademark status, prosecution history, goods and services, ownership information, assignments, images, documents, and other public records;
• calculating, generating, displaying, and organizing docket dates, filing windows, grace periods, and deadlines;
• importing portfolios through owner or attorney searches, serial numbers, registration numbers, spreadsheets, and other supported methods;
• monitoring plan usage and account-wide trademark capacity;
• managing multiple dockets, teams, invitations, roles, and permissions;
• maintaining matter-status information, client-instruction indicators, contact dates, and other internal workflow information;
• generating reports, exports, calendar files, and other portfolio summaries;
• performing Gazette Watch and Application Watch automated screening as described in Section 5;
• maintaining audit and activity records; and
• providing other trademark portfolio and docket-management functionality.

We may add, modify, improve, replace, limit, or discontinue features from time to time, subject to these Terms and any applicable Order Form or separately signed agreement.

3. No Legal Advice; No Attorney-Client Relationship

3.1 Software Provider Only

Nightjar is a software provider. Nightjar is not acting as a law firm, attorney, trademark watch service, docketing professional, filing service, or legal representative through the Service.

The Service does not provide legal advice, legal representation, legal opinions, clearance opinions, likelihood-of-confusion opinions, infringement determinations, filing recommendations, or professional services.

Nothing made available through the Service—including deadline calculations, status information, descriptions, reports, screening candidates, Gazette Watch results, Application Watch results, forms, workflow labels, USPTO information, external links, or other content—constitutes legal advice.

3.2 No Professional Relationship

Use of the Service does not create:

• an attorney-client relationship between Nightjar and any Customer, user, trademark owner, client, or other person;
• a fiduciary relationship;
• an agency relationship;
• a professional docketing relationship; or
• any professional-services relationship except as expressly established in a separate written agreement signed by Nightjar.

3.3 Customer Responsibility

Customer remains solely responsible for obtaining legal advice from qualified counsel where appropriate and for exercising independent professional and business judgment.

Customers who are attorneys or legal professionals remain independently responsible for complying with all applicable professional, ethical, supervisory, confidentiality, competence, recordkeeping, conflicts, and client-service obligations.

4. Critical Docketing and Legal Responsibility Disclaimer

4.1 The Service Is an Aid

The Service is designed to assist with trademark docketing and portfolio management. It is not intended to function as the sole means of identifying, calculating, monitoring, or satisfying legal deadlines or legal obligations.

You remain solely responsible for determining:

• which deadlines and filing windows apply to each trademark matter;
• whether a date shown by the Service is accurate;
• whether a filing, response, renewal, maintenance filing, extension, declaration, statement of use, opposition, cancellation, or other action is required;
• the consequences of any USPTO action, status, correspondence, rule, regulation, statute, or proceeding;
• whether USPTO information is complete and current;
• whether an extension has been requested or granted;
• whether an agency closure, holiday, rule, order, or unusual circumstance changes a date; and
• whether any action must be taken to preserve legal rights.

4.2 Independent Verification Required

You must independently verify all material docket information and legal deadlines against authoritative sources, including the official USPTO and Trademark Trial and Appeal Board (“TTAB”) records, applicable statutes, regulations, rules, orders, and official communications.

You should not rely exclusively on the Service, a dashboard entry, calculated deadline, reminder, notification, synchronization result, Gazette Watch result, Application Watch result, status label, imported record, report, calendar export, or other information displayed by the Service when determining whether or when legal action must be taken.

4.3 No Guarantee of Deadline Accuracy

Docket dates or deadlines may be affected by:

• inaccurate, incomplete, delayed, or inconsistent source data;
• USPTO or TTAB system delays or outages;
• changes in statutes, regulations, rules, fees, procedures, or agency practices;
• weekends, federal holidays, emergency closures, or special orders;
• extensions, stipulations, orders, or procedural events not available to the Service;
• unusual or matter-specific procedural circumstances;
• incorrect user-entered information;
• incorrectly associated documents or events;
• unavailable or delayed synchronization;
• software defects;
• network or infrastructure failures;
• changes in law not yet incorporated into the Service; or
• circumstances requiring individualized legal analysis.

Nightjar does not warrant that every deadline will be identified or that every date displayed by the Service will be legally correct.

4.4 No Guarantee of Notifications

Any reminder, alert, email, dashboard warning, badge, or notification feature is supplemental only.

A failure to receive a reminder or notification does not relieve Customer of responsibility for independently maintaining and monitoring its docket. Customer should maintain independent procedures for critical deadlines and business continuity.

5. Gazette Watch, Application Watch, and Automated Screening

5.1 What Gazette Watch Does

Gazette Watch is an automated screening feature that compares marks retained in a Customer’s docket against trademark applications published in the USPTO Trademark Official Gazette (“TMOG”).

Gazette Watch may:

• screen marks against the most recent final TMOG issue;
• screen newly added or materially changed marks against TMOG issues whose initial opposition periods remain open;
• compare mark wording, phonetics, design information, classes, goods and services, owners, and other available public data;
• generate potential screening candidates for review;
• display publication dates and calculated opposition dates;
• provide links to official USPTO and TTAB resources;
• retain screening history, review status, and Customer workflow actions; and
• update or change screening results as public data, algorithms, or Customer portfolios change.

5.2 What Application Watch Does

Application Watch is an automated screening feature that compares marks retained in a Customer’s docket against newly filed federal trademark applications identified through public USPTO application data.

Application Watch periodically processes newly filed applications after they become available in supported public USPTO data. The normal automatic screening schedule is weekly, although initial portfolio catch-up, manual checks, recovery processing, or operational changes may cause screening at other times.

Application Watch may:

• process newly filed applications after they become available in supported public USPTO data;
• compare new applications against eligible marks retained in Customer workspaces;
• compare mark wording, phonetics, design information, classes, goods and services, owners, applicants, and other available public data;
• generate potential new-filing screening candidates for Customer review;
• display filing dates, applicants, application information, matching reasons, and links to official USPTO records;
• retain screening history, review status, monitoring status, and Customer workflow actions;
• reevaluate an application when relevant public information changes; and
• link an Application Watch candidate to a later Gazette Watch candidate if the same application is subsequently published for opposition.

Application Watch does not represent that a newly filed application has been examined, approved, refused, published for opposition, registered, abandoned, or otherwise finally acted upon by the USPTO.

5.3 Screening Candidates Are Not Legal Conclusions

Gazette Watch and Application Watch screening candidates are not legal conclusions and do not constitute:

• a determination that confusion is likely;
• a legal opinion;
• a clearance search;
• a comprehensive trademark watch;
• an infringement determination;
• a prediction of USPTO examination results;
• a recommendation to oppose, contact an applicant, or take another legal action;
• a conclusion that a published or newly filed application threatens Customer’s rights; or
• a conclusion that no risk exists when no alert is generated.

Customer is solely responsible for reviewing screening candidates, determining their legal and commercial significance, and deciding whether to investigate, monitor, seek client instructions, track an application, request an extension, oppose, dismiss, or take any other action.

5.4 No Comprehensive or Immediate Coverage

Gazette Watch and Application Watch may produce false positives, false negatives, incomplete results, delayed results, or no results.

A candidate may be missed or delayed because of:

• limits in public-source data;
• missing, delayed, inaccurate, or incomplete USPTO information;
• delay between filing and public availability of an application;
• mark-image or design limitations;
• incomplete disclaimer, translation, transliteration, assignment, owner, applicant, or goods-and-services information;
• technical or operational limits;
• matching thresholds or candidate caps;
• algorithm design;
• newly added or changed marks not yet processed;
• an interrupted, delayed, or failed screening job;
• data-file, issue-ingestion, or synchronization delays; or
• other circumstances.

Application Watch may not identify an application immediately after filing. Screening begins only after the application and sufficient supporting information become available through supported public USPTO data.

The absence of an alert does not establish clearance, non-infringement, lack of confusion, lack of opposition risk, or absence of relevant third-party rights.

5.5 Application Watch Does Not Create an Opposition Deadline

A newly filed application ordinarily has no opposition deadline unless and until it is published for opposition.

Application Watch does not:

• create an opposition deadline for a newly filed application;
• predict whether or when an application will be examined or published;
• predict whether an application will be refused, suspended, approved, registered, or abandoned; or
• relieve Customer of responsibility for monitoring the official USPTO record.

If an Application Watch candidate is later published for opposition, Gazette Watch may create a separate or linked publication-stage screening record. The official USPTO and TTAB records control.

5.6 Gazette Watch Opposition Periods and Deadlines

USPTO publication generally begins an initial thirty-day opposition period, subject to applicable law, rules, extensions, agency closures, and matter-specific circumstances.

Gazette Watch may calculate and display an opposition date, but the official USPTO and TTAB records control.

A third party’s extension does not necessarily extend Customer’s own time. Customer must independently determine whether Customer has obtained any required extension and whether an opposition or extension request is timely.

5.7 The Watch Features Do Not File Anything

The Service does not file an extension request, notice of opposition, petition, response, application, communication, or other document with the USPTO or TTAB.

Links to USPTO, TTAB, TTAB Center, TSDR, or other official resources are provided for convenience only.

Opening a link, selecting a workflow state, beginning review, monitoring a candidate, tracking an application, or recording an internal action does not submit any filing or communication.

5.8 Screening Models May Change

Nightjar may update screening algorithms, thresholds, data models, parsing rules, mappings, reason labels, or other screening logic used by Gazette Watch or Application Watch.

A candidate may appear, disappear, become historical, or be reactivated after an algorithm or data update.

Customer workflow history may remain visible even when a candidate no longer satisfies current screening criteria.

Nightjar does not warrant that a particular algorithm, threshold, screening path, or historical result will remain unchanged.

6. USPTO and Other Public-Source Information

The Service may retrieve, synchronize, cache, organize, transform, or display information from the USPTO and other authorized public sources.

Such information may include:

• application and registration data;
• new-application and daily application-file information;
• prosecution history;
• documents;
• trademark images;
• ownership and address information;
• attorney and correspondence information;
• assignments;
• goods and services;
• status information;
• publication information; and
• other publicly available records.

Nightjar does not control the USPTO, TTAB, Assignment Center, TMOG, or their systems.

We do not warrant:

• uninterrupted availability of public systems or APIs;
• accuracy or completeness of public-source data;
• immediate availability of newly filed information;
• continued availability of any particular API, file, document, or data source;
• that a public record is free from errors; or
• that information displayed by the Service is identical to the current official agency record at all times.

The official government record and applicable law control over conflicting information displayed by the Service.

Assignment information displayed by the Service is informational only and does not constitute a title opinion, ownership determination, chain-of-title analysis, or conclusion regarding the legal effect of an assignment.

7. Accounts and Account Security

Certain features require an account.

You agree to:

• provide accurate account information;
• maintain accurate contact and billing information;
• protect account credentials and authentication methods;
• use reasonable security measures for devices used to access the Service;
• promptly notify us of suspected unauthorized access or security incidents involving your account; and
• remain responsible for activity occurring through your account to the extent permitted by law.

Accounts are personal to the authorized user and may not be shared among multiple individuals unless expressly permitted by the Service.

You may not impersonate another person or create an account using information you are not authorized to use.

Authentication and account-management functions may be provided by third-party identity providers. Their terms and privacy practices may also apply.

8. Workspaces, Dockets, Teams, and Authorized Users

8.1 Workspace Owners and Administrators

The Service may permit Customers to create or participate in one or more workspaces or dockets.

Workspace owners and administrators are responsible for:

• determining who may access the workspace;
• assigning appropriate roles and permissions;
• revoking access when appropriate;
• ensuring invited users are authorized;
• reviewing team membership periodically; and
• ensuring users have only the access reasonably necessary for their responsibilities.

8.2 Authorized Users

Each authorized user must comply with these Terms.

Customer is responsible for the acts and omissions of users whom Customer authorizes to access its workspace, except to the extent caused by Nightjar or otherwise prohibited by law.

8.3 Shared-Docket Access and Billing Responsibility

A user may access another owner’s docket through a valid invitation without purchasing a separate subscription for that shared docket.

Access follows workspace membership and role. Billing responsibility, plan capacity, and usage limits follow the BillingAccount assigned to the workspace.

A shared docket does not become the invitee’s owned docket merely because the invitee is assigned an “Owner” or other role for access-control purposes, unless Nightjar completes an explicit billing or ownership transfer.

If an invited user later creates a docket that the user owns, that user must have an eligible paid, trialing, complimentary, or other authorized personal BillingAccount.

8.4 Workspace Isolation

Information associated with one Customer workspace is logically separated from other Customer workspaces according to the Service’s access-control architecture.

No user may attempt to circumvent workspace isolation, role restrictions, or other access controls.

9. Customer Content

“Customer Content” means data, information, files, records, images, notes, matter information, client-related information, imports, workflow indicators, and other content submitted to or maintained in the Service by or on behalf of Customer.

9.1 Ownership

As between Nightjar and Customer, Customer retains all rights it holds in Customer Content.

Nightjar does not acquire ownership of Customer Content merely because it is processed through the Service.

9.2 Limited License

Customer grants Nightjar a limited, royalty-free, nonexclusive license to host, store, reproduce, process, transmit, display, organize, back up, and otherwise use Customer Content solely as reasonably necessary to:

• provide and operate the Service;
• perform Customer-requested functions;
• synchronize and process authorized data;
• maintain security and integrity;
• provide support;
• comply with law;
• enforce these Terms; and
• exercise rights expressly permitted by these Terms, the Privacy Policy, a Data Processing Addendum, or Customer instructions.

9.3 Customer Responsibility

Customer represents and warrants that it has all rights, permissions, consents, and lawful authority necessary to provide Customer Content to the Service and permit its processing as contemplated by these Terms.

Customer must not upload or process information through the Service in violation of applicable law or third-party rights.

9.4 No Generalized AI Training

Nightjar does not use Customer Content to train generalized artificial-intelligence models.

Nightjar may use deidentified, aggregated, or operational information to maintain, secure, troubleshoot, measure, and improve the Service, provided it is not used to identify Customer or disclose Customer Content.

10. Confidential, Privileged, and Sensitive Information

The Service may be used by attorneys, law firms, businesses, and other organizations that maintain confidential information.

Customer is responsible for determining whether use of the Service is appropriate for particular information and for satisfying professional, contractual, regulatory, privilege, confidentiality, and legal obligations applicable to that information.

Customer shall not use the Service to store:

• Social Security numbers;
• full payment-card credentials;
• bank-account credentials;
• medical records or protected health information subject to specialized regulatory requirements;
• biometric authentication data;
• government security credentials; or
• other highly sensitive information unrelated to trademark docketing.

Nothing in these Terms requires Customer to upload privileged communications, legal advice, client confidences, or information unnecessary for the Service’s intended functions.

Nightjar’s provision of software does not make Nightjar Customer’s attorney, agent, representative, or professional advisor and does not independently create or preserve attorney-client privilege or work-product protection.

11. Imports, Searches, Reports, and Exports

The Service may permit import of trademark portfolios through owner or attorney searches, spreadsheets, serial numbers, registration numbers, structured files, or other supported methods.

Customer is responsible for reviewing imported and searched information.

An import or search may:

• contain similarly named owners or attorneys;
• include records Customer did not intend to select;
• omit relevant records;
• contain incomplete or inaccurate source data;
• identify duplicates;
• fail to match certain records;
• require manual review;
• retrieve information that changed after the source was created; or
• produce results requiring reconciliation.

Nightjar may implement validation, preview, duplicate detection, plan-capacity enforcement, confirmation, all-or-nothing processing, or other safeguards. Those safeguards do not eliminate Customer’s responsibility to verify imported information.

Reports, spreadsheets, calendar files, and other exports are convenience tools. They may not contain every legally relevant date, event, document, field, or limitation and must not be treated as authoritative legal records.

12. Docket Deletion

A workspace owner may be permitted to delete a docket through the Service.

Docket deletion is destructive and may remove or retire workspace-private information, including:

• matters;
• private workflow information;
• notes;
• deadlines;
• invitations;
• memberships;
• imports;
• team access; and
• workspace-specific Gazette Watch and Application Watch information.

Deleting a docket does not:

• cancel a subscription;
• delete a BillingAccount;
• delete another workspace;
• delete another user’s account;
• remove information from the USPTO or another public source; or
• necessarily delete shared canonical USPTO, Gazette, image, or public-source records used by other workspaces.

Deleted data may remain temporarily in backups, logs, audit records, or legally required retention systems before being deleted or overwritten under ordinary cycles.

Customer is responsible for exporting information it wishes to retain before deleting a docket.

13. Acceptable Use

You may use the Service only for lawful purposes and in accordance with these Terms.

You may not:

1. access or attempt to access another Customer’s workspace without authorization;
2. circumvent authentication, authorization, tenant isolation, billing enforcement, usage limits, rate limits, security controls, or technical restrictions;
3. probe, scan, or test vulnerabilities except under a written security-testing authorization from Nightjar;
4. introduce malware, ransomware, malicious code, destructive instructions, or harmful content;
5. interfere with operation or availability of the Service;
6. use automated tools in a manner that unreasonably burdens the Service;
7. scrape, harvest, or systematically extract Service content except through features expressly provided for Customer’s authorized use;
8. reverse engineer, decompile, disassemble, or attempt to derive source code except to the limited extent prohibited restrictions are unenforceable under law;
9. rent, sublicense, resell, or provide the Service as a competing service unless authorized in writing;
10. use the Service to violate privacy, intellectual-property, confidentiality, contractual, or other legal rights;
11. impersonate another user;
12. use stolen credentials or unauthorized accounts;
13. upload content you are not authorized to process;
14. manipulate trials, subscriptions, dockets, imports, or accounts to evade plan limits or obtain repeated promotional access; or
15. use the Service for unlawful, fraudulent, deceptive, abusive, or harmful activity.

We may investigate suspected violations and take reasonable protective action.

14. Intellectual Property

Except for Customer Content and third-party or public-source materials, Nightjar and its licensors retain all right, title, and interest in and to the Service, including:

• software;
• source and object code;
• architecture;
• user interfaces;
• workflows;
• screening algorithms and logic;
• designs;
• graphics;
• documentation;
• databases and database structures;
• proprietary deadline logic;
• reports and templates;
• trademarks;
• trade names; and
• other intellectual property.

Subject to these Terms and payment of applicable fees, Nightjar grants Customer a limited, revocable, nonexclusive, nontransferable right to access and use the Service during the applicable subscription, trial, complimentary, shared-access, or other authorized-use period for Customer’s internal professional or business purposes.

No rights are granted except as expressly stated.

15. Feedback

If you voluntarily provide suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Service, you grant Nightjar the right to use that feedback without restriction or obligation to you, provided Nightjar does not publicly identify you as the source without permission.

This provision does not transfer ownership of Customer Content.

16. Privacy and Data Protection

Our collection and processing of personal information is described in our Privacy Policy, available at:

https://app.yourprivatetrademarkdocket.com/privacy

or a successor URL we designate.

The Privacy Policy is incorporated by reference for purposes of describing our privacy practices but does not override an applicable Data Processing Addendum or other written data-protection agreement.

Where Nightjar processes personal data as a processor or service provider on behalf of Customer and applicable law requires contractual data-processing terms, the parties may be subject to a Data Processing Addendum (“DPA”).

If there is a conflict concerning processing of personal data:

1. an applicable DPA controls with respect to data-protection obligations;
2. an applicable Order Form or separately signed agreement controls as otherwise specified; and
3. these Terms govern remaining matters.

17. Third-Party Services and Infrastructure

The Service relies on third-party providers and systems, which may include providers of:

• cloud hosting;
• database infrastructure;
• authentication and identity management;
• object storage and content delivery;
• communications and email routing;
• payment processing;
• fraud prevention;
• security services; and
• governmental or public-source data.

Current principal providers include Render for hosting and database infrastructure, Clerk for authentication and identity management, Stripe for payment processing and subscription management, and Cloudflare for certain object-storage, image, and content-delivery functions.

Third-party services may have their own terms and privacy practices.

Nightjar is not responsible for outages, errors, policies, or acts of independent third-party systems beyond Nightjar’s reasonable control.

18. Security

Nightjar uses administrative, technical, and organizational safeguards designed to protect the Service and Customer information appropriate to the nature of the Service.

No system can guarantee absolute security.

Customer acknowledges that Internet-based services involve inherent risks and is responsible for:

• maintaining secure devices;
• securing account access;
• using appropriate authentication practices;
• managing authorized users;
• promptly removing users who should no longer have access;
• reviewing team access;
• safeguarding exported information; and
• maintaining independent copies of information critical to Customer’s professional or business operations.

Nightjar is not a substitute for Customer’s own records-management, cybersecurity, disaster-recovery, or professional-responsibility procedures.

19. Service Availability and Maintenance

We endeavor to maintain reliable availability but do not guarantee uninterrupted operation.

The Service may be unavailable because of:

• scheduled or emergency maintenance;
• software deployment;
• infrastructure or database failure;
• Internet or telecommunications failure;
• third-party outage;
• USPTO or TTAB outage;
• security incident;
• denial-of-service attack;
• force majeure;
• technical error; or
• circumstances beyond reasonable control.

Unless a separately signed agreement expressly provides a service-level commitment, no specific uptime percentage or service-level agreement applies.

20. Changes to the Service

We may modify the Service to:

• improve functionality;
• address security;
• comply with law;
• respond to third-party API or infrastructure changes;
• add or remove features;
• modify workflows;
• update screening models; or
• maintain technical viability.

We will use commercially reasonable efforts to avoid materially reducing core paid functionality during a current committed subscription period without reasonable notice where practical.

This provision does not prevent immediate changes necessary for security, legal compliance, system integrity, or circumstances beyond our reasonable control.

21. Plans, Usage Limits, Subscriptions, and Payment

21.1 Current Standard Plans

Current standard plans are based on the number of unique USPTO serial numbers retained across workspaces owned by the Billing Account. The Up to 15 Marks plan is $9 per month for up to 15 unique trademarks; the Up to 200 Marks plan is $19 per month for up to 200 unique trademarks; the Up to 500 Marks plan is $29 per month for up to 500 unique trademarks; and Custom plans start at $35 per month with a separately configured allowance.

All generally available product features, including Application Watch, Gazette Watch, owned workspaces subject to the applicable workspace limit, team access, and shared-workspace access, are included in each standard plan. A person invited to another owner’s shared workspace does not need a separate subscription merely to access that workspace.

Current pricing, trial availability, allowances, and included functionality are disclosed through the pricing page, Checkout, Customer Portal, Order Form, or other purchase documentation. If a purchase flow expressly displays different then-current terms, the terms affirmatively accepted at purchase control for that subscription.

21.2 Trademark Usage Counting

Usage is measured by distinct USPTO serial numbers retained across the dockets assigned to a BillingAccount.

Unless otherwise stated:

• the same serial number retained in more than one owned docket counts once;
• a shared docket counts against the BillingAccount assigned to that docket, not the invitee’s personal plan;
• retained live, pending, registered, dead, inactive, provisional, or awaiting-hydration matters may count while retained;
• a matter stops counting when it is removed from all dockets assigned to the BillingAccount;
• unresolved registration-number intake or other pending capacity claims may temporarily reserve capacity until resolved; and
• plan usage shown in the Service is server-authoritative.

21.3 Docket Limits

Standard paid plans currently permit up to five owned dockets unless a different limit is stated in the applicable pricing page, account page, Custom arrangement, complimentary entitlement, or Order Form.

Dockets merely shared with a user do not count toward that user’s owned-docket limit.

Custom, promotional, internal, or complimentary accounts may have different persisted docket limits.

21.4 Capacity Enforcement

The Service may prevent a Customer from adding, importing, restoring, or copying trademarks when the proposed operation would exceed the BillingAccount allowance.

Capacity enforcement is intended to be all-or-nothing. The Service will not intentionally choose an arbitrary partial subset of Customer’s selection to fit the limit.

Customer remains responsible for reviewing selections, removing unwanted records, and selecting an appropriate plan.

A stale page, concurrent import, duplicate request, or client-side display does not override server-side usage enforcement.

21.5 Payment Authorization

By purchasing a paid plan, Customer authorizes Nightjar and its payment processor to charge the applicable payment method for amounts properly due.

Payment-card information is collected and processed by Stripe or another authorized payment processor. Nightjar does not intentionally store full payment-card numbers or card security codes in its application database.

21.6 Recurring Subscriptions

The Up to 15 Marks, Up to 200 Marks, and Up to 500 Marks plans are recurring monthly subscriptions unless otherwise stated. Custom plans may be recurring or separately invoiced.

By affirmatively enrolling, Customer authorizes recurring charges according to the terms disclosed at enrollment until cancellation or termination.

21.7 Seven-Day Free Trial

The Up to 15 Marks, Up to 200 Marks, and Up to 500 Marks plans are eligible for one seven-day introductory trial per owner Billing Account. A payment method is required. Unless canceled before the trial ends, the selected monthly subscription begins automatically at the stated price.

For the standard trial:

• a payment method is required at Checkout;
• no recurring subscription charge is due during the seven-day trial;
• the selected plan’s trademark and docket limits apply during the trial;
• the subscription automatically converts to the disclosed monthly price at the end of the trial unless canceled before the trial ends;
• Customer authorizes Stripe to charge the payment method when the trial converts;
• cancellation before the trial ends prevents the first recurring charge, subject to timely processing and the terms displayed at Checkout;
• a trial belongs to the Customer’s owner BillingAccount, not to an individual docket;
• creating another docket, switching plans, accepting an invitation, canceling and reactivating, or starting another Checkout does not create a new introductory trial; and
• an abandoned Checkout does not consume a trial unless a trial subscription is actually created.

Nightjar may determine trial eligibility, prevent repeated or abusive trials, and modify or discontinue trial offers prospectively.

Custom and complimentary accounts do not automatically receive a trial unless expressly stated.

21.8 Cancellation and Customer Portal

Customer may manage payment methods, invoices, and cancellation through the Stripe-hosted Customer Portal or another method we provide.

Unless otherwise disclosed, cancellation takes effect at the end of the then-current paid period or trial-access period shown in the Service. Customer may retain access through the applicable access-through date.

Cancellation prevents future renewal but does not retroactively refund amounts already earned or paid.

21.9 Payment Failure and Subscription States

If payment fails, a subscription becomes past due, or access ends, the Service may:

• block new capacity-consuming actions;
• restrict creation of owned dockets;
• restrict edits or access;
• preserve existing data for a recovery or transition period;
• continue or discontinue synchronization or monitoring depending on the applicable state; and
• permit billing recovery, export, or other limited functions.

Specific behavior may be displayed in the Service and may change as operational or payment-recovery practices evolve.

Customer should not rely on continued monitoring after a subscription or authorized-access period ends.

21.10 Price Changes

We may change prices prospectively.

Material price changes applicable to an existing recurring subscription will take effect no earlier than the next renewal period after reasonable notice, unless otherwise agreed or required by law.

21.11 Taxes

Fees do not include applicable taxes unless expressly stated. Customer is responsible for taxes imposed on its purchase or use of the Service, except taxes imposed on Nightjar’s net income.

21.12 Refunds

Except where required by law or expressly provided in an Order Form or refund policy, fees are nonrefundable once earned.

22. Complimentary, Promotional, and Special Access

Nightjar may grant complimentary, promotional, internal, evaluation, or custom access at its discretion.

Such access:

• may have different limits or features;
• does not create a right to future complimentary access;
• may be modified or revoked prospectively;
• is nontransferable unless Nightjar agrees otherwise; and
• does not require Nightjar to offer equivalent access to other users.

If a complimentary or special account has a separate written agreement, that agreement controls to the extent of conflict.

23. Suspension

Nightjar may temporarily suspend access when reasonably necessary to:

• address a security threat;
• prevent unauthorized or unlawful activity;
• protect other users or systems;
• respond to nonpayment;
• investigate a material violation of these Terms;
• comply with legal obligations;
• prevent substantial harm; or
• maintain system integrity.

Where reasonably practicable, we will provide notice and an opportunity to cure before suspension.

Immediate suspension may occur when necessary to prevent security harm, unlawful conduct, unauthorized access, material system damage, or similar urgent risk.

24. Termination

24.1 By Customer

Customer may stop using the Service, cancel a subscription, or delete dockets according to the applicable account and subscription functionality.

24.2 By Nightjar

Nightjar may terminate Customer’s access for:

• material breach of these Terms that remains uncured after reasonable notice where cure is appropriate;
• unlawful use;
• fraud;
• intentional security abuse;
• repeated infringement;
• failure to pay amounts due;
• conduct creating material risk to the Service or others; or
• discontinuation of the Service.

24.3 Effect of Termination

Upon termination:

• Customer’s right to access the Service ends, subject to any stated access-through or transition period;
• unpaid amounts properly due remain payable;
• Customer should export information it wishes to retain before access ends; and
• Customer Content may be retained or deleted according to the Privacy Policy, DPA, applicable law, backup cycles, and Nightjar’s retention practices.

Customer is responsible for maintaining independent records necessary to meet legal, ethical, regulatory, or professional obligations.

Sections that by their nature should survive termination—including intellectual property, payment obligations, disclaimers, limitations of liability, indemnification, governing law, dispute provisions, and similar provisions—survive termination.

25. Confidentiality

Each party may receive nonpublic information from the other that reasonably should be understood to be confidential (“Confidential Information”).

The receiving party will:

• use Confidential Information only as necessary to perform or exercise rights under the parties’ relationship;
• use reasonable care to protect it; and
• disclose it only to persons or service providers who reasonably need access and are subject to appropriate confidentiality obligations.

Confidential Information does not include information that:

• is or becomes public through no breach of obligation;
• was lawfully known without confidentiality restriction;
• is independently developed without use of Confidential Information; or
• is lawfully received from another source without confidentiality restriction.

A party may disclose Confidential Information when required by law, subpoena, court order, or legal process, subject to legally permissible notice and protective measures.

Customer Content will also be handled according to the Privacy Policy and any applicable DPA.

26. Customer Professional Responsibilities

Where Customer is an attorney, law firm, legal department, legal-services provider, or other regulated professional, Customer remains solely responsible for determining whether use of the Service complies with professional obligations.

Nightjar does not undertake responsibility for:

• attorney competence;
• supervision of attorneys or nonlawyers;
• conflicts checks;
• preservation of attorney-client privilege or work product;
• client consent requirements;
• trust-account obligations;
• records retention;
• calendaring procedures;
• malpractice-prevention procedures;
• comprehensive watch or clearance procedures; or
• any professional obligation imposed on Customer.

Customer should implement independent procedures appropriate to the legal and professional significance of its matters.

27. Beta and Experimental Features

We may occasionally make beta, preview, experimental, or early-access features available.

Such features may:

• be incomplete;
• contain errors;
• change without notice; or
• be discontinued.

Unless expressly stated otherwise, beta or experimental features should not be relied upon for critical legal, docketing, or business functions.

28. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

NIGHTJAR DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH IN A SEPARATE WRITTEN AGREEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND QUIET ENJOYMENT.

WITHOUT LIMITING THE FOREGOING, NIGHTJAR DOES NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE;
• EVERY DEADLINE OR FILING WINDOW WILL BE IDENTIFIED;
• ANY DEADLINE WILL BE LEGALLY CORRECT;
• REMINDERS OR NOTIFICATIONS WILL ALWAYS BE DELIVERED;
• USPTO OR TTAB INFORMATION WILL ALWAYS BE CURRENT OR COMPLETE;
• DATA SYNCHRONIZATION WILL ALWAYS OCCUR ON TIME;
• GAZETTE WATCH OR APPLICATION WATCH WILL IDENTIFY EVERY POTENTIALLY RELEVANT APPLICATION, FILING, OR PUBLICATION;
• GAZETTE WATCH OR APPLICATION WATCH WILL AVOID FALSE POSITIVES, FALSE NEGATIVES, INCOMPLETE RESULTS, OR DELAYED RESULTS;
• ANY SCREENING CANDIDATE PRESENTS A LEGAL CONFLICT;
• THE ABSENCE OF A SCREENING CANDIDATE MEANS NO RISK EXISTS;
• THE SERVICE WILL PREVENT MISSED DEADLINES, MISSED OPPOSITIONS, OR LOSS OF RIGHTS;
• DEFECTS WILL ALWAYS BE CORRECTED IMMEDIATELY; OR
• THE SERVICE WILL MEET EVERY CUSTOMER’S PROFESSIONAL, REGULATORY, OR LEGAL REQUIREMENTS.

NO ORAL OR WRITTEN INFORMATION CREATES A WARRANTY UNLESS EXPRESSLY INCLUDED IN A BINDING WRITTEN AGREEMENT SIGNED BY NIGHTJAR.

29. Limitation of Liability

29.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIGHTJAR AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the foregoing, this exclusion applies to claims arising from:

• a missed or incorrectly calculated deadline;
• failure to make a filing;
• failure to obtain an extension;
• failure to oppose or respond;
• abandonment, cancellation, expiration, or loss of trademark rights;
• inaccurate or delayed USPTO or TTAB information;
• an inaccurate, delayed, missed, incomplete, or unavailable Gazette Watch or Application Watch result;
• a false positive or false negative;
• failure of an alert, reminder, badge, screening job, or notification;
• service interruption;
• unauthorized access caused by Customer credentials or devices;
• Customer’s reliance on information without independent verification;
• loss resulting from Customer’s failure to maintain independent docketing, screening, watch, backup, or business-continuity procedures; or
• deletion of a docket or Customer Content initiated by an authorized user.

29.2 Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIGHTJAR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, OR CUSTOMER’S USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF:

(A) THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO NIGHTJAR FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR

(B) ONE HUNDRED DOLLARS ($100) IF CUSTOMER USED THE SERVICE WITHOUT PAYMENT, DURING A FREE TRIAL, OR THROUGH COMPLIMENTARY OR SHARED ACCESS.

The limitations in this Section apply collectively to all claims and theories of liability.

29.3 Nonwaivable Rights

Nothing in these Terms excludes or limits liability to the extent such liability cannot lawfully be excluded or limited.

30. Indemnification

To the extent permitted by law, Customer agrees to defend, indemnify, and hold harmless Nightjar and its members, managers, officers, employees, contractors, and affiliates from third-party claims, damages, judgments, liabilities, costs, and reasonable attorneys’ fees arising out of or relating to:

• Customer Content;
• Customer’s unlawful use of the Service;
• Customer’s material violation of these Terms;
• Customer’s infringement or violation of third-party rights;
• Customer’s unauthorized disclosure or processing of information;
• acts or omissions of Customer’s authorized users; or
• Customer’s violation of applicable law.

Customer has no indemnification obligation to the extent a claim results directly from Nightjar’s own willful misconduct or other conduct for which indemnification cannot lawfully be required.

Nightjar will provide reasonable notice of an indemnified claim and reasonable cooperation at Customer’s expense.

31. Force Majeure

Neither party will be liable for delay or failure to perform caused by circumstances beyond its reasonable control, including:

• natural disasters;
• severe weather;
• fire;
• war;
• terrorism;
• civil disorder;
• labor disruption;
• governmental action;
• Internet or telecommunications outage;
• cloud-provider outage;
• power failure;
• cyberattack;
• denial-of-service attack;
• USPTO or TTAB system failure;
• epidemic or pandemic; or
• failure of essential third-party infrastructure.

This provision does not excuse payment obligations for Services already provided.

32. Changes to These Terms

We may update these Terms from time to time.

The current version will display an updated “Last Updated” date.

For material changes affecting existing Customers, we will provide reasonable notice through the Service, email, or another appropriate method.

Unless a change is required sooner for legal, security, or regulatory reasons, material changes to an existing paid Customer’s contractual rights will generally become effective upon the stated effective date or next renewal, as applicable.

Continued use after updated Terms become effective constitutes acceptance to the extent permitted by law.

Where affirmative renewed consent is legally required, we will request it.

33. Electronic Communications and Contracting

You consent to transact with Nightjar electronically in connection with the Service.

You agree that:

• electronic acceptance of these Terms may constitute your agreement;
• electronic records may document your account, subscription, trial, transactions, invitations, and acceptance;
• notices may be delivered electronically as provided in these Terms; and
• electronic records may satisfy applicable writing requirements to the extent permitted by law.

You are responsible for maintaining a current email address associated with your account.

34. Notices

Notices to Customer may be provided:

• through the Service;
• by email to the address associated with Customer’s account;
• through an account administrator; or
• by another reasonable electronic method.

Legal notices to Nightjar should be sent to:

Nightjar Imports Limited
legal@yourprivatetrademarkdocket.com

Privacy-related requests should be sent to:

privacy@yourprivatetrademarkdocket.com

Support requests should be sent to:

support@yourprivatetrademarkdocket.com

35. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-laws principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

36. Exclusive Venue and Jurisdiction

Except where applicable law requires otherwise, any action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in:

• the Court of Common Pleas of Lycoming County, Pennsylvania; or
• where federal subject-matter jurisdiction exists, the United States District Court for the Middle District of Pennsylvania.

Each party consents to personal jurisdiction and venue in those courts and waives objections based on inconvenient forum to the extent permitted by law.

37. Waiver of Jury Trial

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR THE PARTIES’ RELATIONSHIP.

This waiver does not apply where prohibited by applicable law.

38. No Waiver

Failure to enforce any provision of these Terms does not waive the right to enforce that provision or any other provision later.

A waiver is effective only if expressly made by an authorized party.

39. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted or modified to the minimum extent necessary, and the remaining provisions will remain in effect.

40. Assignment

Customer may not assign or transfer these Terms or its account without Nightjar’s prior written consent, except in connection with a merger, reorganization, or sale of substantially all relevant business assets where the successor assumes Customer’s obligations.

Nightjar may assign these Terms in connection with:

• a merger;
• reorganization;
• corporate restructuring;
• financing;
• sale of substantially all assets relating to the Service; or
• transfer to an affiliate or successor.

41. No Third-Party Beneficiaries

Except as expressly stated, these Terms do not create rights enforceable by any third party.

42. Relationship of the Parties

The parties are independent contractors.

Nothing in these Terms creates a:

• partnership;
• joint venture;
• employment relationship;
• fiduciary relationship;
• attorney-client relationship; or
• agency relationship.

Neither party may bind the other except as expressly authorized.

43. Order of Precedence

If Customer and Nightjar enter into additional written agreements concerning the Service, conflicts will be resolved in the following order unless the applicable document expressly provides otherwise:

1. a separately negotiated and signed agreement;
2. an applicable Order Form;
3. an applicable Data Processing Addendum, for matters within its scope;
4. these Terms; and
5. incorporated policies.

A Customer purchase order does not modify these Terms unless expressly accepted in writing by Nightjar.

44. Entire Agreement

These Terms, together with:

• the Privacy Policy;
• any applicable Order Form;
• any applicable DPA;
• any applicable subscription or trial terms; and
• any other expressly incorporated written agreement,

constitute the entire agreement between the parties concerning the subject matter addressed and supersede prior or contemporaneous understandings concerning that subject matter.

45. Contact

Questions regarding these Terms may be directed to:

Nightjar Imports Limited
support@yourprivatetrademarkdocket.com

Website: https://yourprivatetrademarkdocket.com