Terms of Service for Descryber

Last updated: January 2025

1. Agreement to Terms

By accessing or using Descryber ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Service Description

Descryber is a Sacramento, California Limited Liability Company that provides AI trademark application software using advanced image analysis. The Service analyzes uploaded trademark images and generates USPTO-compliant descriptions and classifications for trademark applications.

Important: Descryber is not a law firm, does not provide legal advice, and is not a substitute for professional legal counsel. We strongly recommend consulting with a qualified trademark attorney.

3. No Guarantee of USPTO Approval

We do not guarantee that trademark applications using our descriptions and classifications will be approved by the USPTO. Trademark approval depends on numerous factors including:

Similarity to existing trademarks
Descriptiveness or genericness of the mark
Proper classification of goods/services
Compliance with all USPTO requirements
Other legal and procedural factors

You acknowledge that Descryber has no control over USPTO decisions and accepts no liability for rejected applications.

4. User Responsibilities

You agree to:

Provide accurate information when creating an account
Maintain the security of your account credentials
Only upload images you have the right to use
Not use the Service for any illegal or unauthorized purpose
Verify all generated classifications before submission to USPTO
Ensure your trademark application meets all USPTO requirements

5. Subscription and Payment

Our Service operates on a monthly subscription model. Each plan provides a specific number of trademark descriptions per month with unlimited revisions. Subscriptions:

Bill monthly in advance
Auto-renew until cancelled
Cannot be transferred between accounts
Provide immediate access to plan features

All payments are processed securely through Stripe. We do not store credit card information.

6. Examiner Revision Policy

If you receive feedback from a USPTO examiner, we offer unlimited regenerations per description (subject to the following conditions):

Feedback must be from an official USPTO examiner
Request must be submitted through your account dashboard
We will analyze and respond within 24 business hours
Revisions address examiner concerns only
Additional revisions beyond plan limits may require upgrade
Attempting to use the revision request feature in attempt to obtain free prompt usage can be easily detected. If you are caught using it with ill-intent, your account will be subject to termination.

7. Intellectual Property

You retain all rights to your uploaded trademark images. By using our Service, you grant us a limited, non-exclusive license to process your images solely for the purpose of generating descriptions and classifications.

Generated descriptions and classifications become your property upon creation. However, we may use anonymized, aggregated data to improve our Service.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESCRYBER SHALL NOT BE LIABLE FOR:

Any indirect, incidental, special, or consequential damages
Loss of profits, revenue, or business opportunities
USPTO application rejections or office actions
Legal fees or costs related to trademark applications
Errors or omissions in generated descriptions or classifications

Our total liability shall not exceed the amount paid for credits used in the relevant transaction.

9. Indemnification

You agree to indemnify and hold Descryber harmless from any claims, damages, or expenses arising from:

Your use of the Service
Your trademark applications
Violation of these Terms
Infringement of any third-party rights

10. Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms. You may cancel your subscription at any time. You will retain access until the end of your current billing period.

11. Modifications

We may modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.

12. Governing Law

These Terms are governed by the laws of the United States and the State of California, without regard to conflict of law principles.

13. Contact Information

For questions about these Terms, please contact us through your account dashboard.