Terms of Service

By accessing or using MarkItNow.ai (the "Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service. We reserve the right to update these terms at any time. Continued use of the Service after changes constitutes acceptance of the revised terms.

MarkItNow.ai provides AI-powered trademark search, analysis, and filing assistance tools. Our Service includes free USPTO trademark searches, AI Search Reports, AI Clearance Reports, DIY guided filing tools, attorney-filed trademark applications, and brand monitoring services. The Service queries the United States Patent and Trademark Office (USPTO) database and applies AI analysis to search results.

The information provided by MarkItNow.ai, including search results, AI-generated reports, risk scores, and analysis, is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by using the Service unless you explicitly engage attorney filing services through our licensed partner law firms. AI-generated reports are analytical tools, they do not replace the judgment of a qualified trademark attorney. You should consult with a licensed attorney before making legal decisions based on information from the Service.

Attorney filing services, Office Action responses, and other legal services offered through MarkItNow.ai are provided by independent, U.S.-licensed partner law firms. When you purchase attorney services, you will enter into a separate engagement agreement with the providing law firm. MarkItNow.ai is not a law firm and does not provide legal representation.

You are responsible for providing accurate and complete information when using the Service, including trademark search queries, business descriptions, and filing information. You agree not to use the Service for any unlawful purpose, submit false or misleading information in trademark applications, attempt to interfere with or disrupt the Service, reverse engineer or scrape the Service, or use automated tools to access the Service beyond its intended use.

Paid services are billed at the prices displayed at the time of purchase. All prices are in U.S. dollars. USPTO government fees are paid separately and directly to the USPTO, these fees are non-refundable regardless of outcome. Our service fees for AI reports (AI Search Report, AI Clearance Report) are non-refundable once the report has been generated and delivered, except under our accuracy guarantee: if a report contains a factual error or misses a relevant conflict, we will re-run it at no charge or, at our discretion, refund the fee. Contact support@markitnow.ai within 14 days of delivery. Attorney filing service fees are subject to the refund policy of the providing law firm. Brand monitoring subscription fees are billed monthly or annually. You may cancel at any time; cancellation takes effect at the end of the current billing period.

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, software, and AI models, are the exclusive property of MarkItNow.ai and are protected by intellectual property laws. Reports generated for you are licensed for your personal or business use. You may not resell, redistribute, or publicly display generated reports without our written permission.

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection and use of information as described in the Privacy Policy. Search queries and report data are processed to provide the Service and may be used in aggregated, anonymized form to improve our AI models.

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that search results are complete or error-free, that AI analysis will predict USPTO outcomes, that the Service will be uninterrupted or secure, or that any trademark application will be approved. USPTO trademark registration outcomes depend on many factors beyond the scope of our analysis, including examiner discretion, third-party oppositions, and changes in trademark law.

To the maximum extent permitted by law, MarkItNow.ai, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service. Our total liability for any claim arising from the Service shall not exceed the amount you paid to us in the 12 months preceding the claim. This limitation applies to all causes of action, including breach of contract, negligence, and other torts.

You agree to indemnify, defend, and hold harmless MarkItNow.ai and its affiliates from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights.

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in Los Angeles County, California.

If you have questions about these Terms of Service, contact us at support@markitnow.ai.