Terms of Service

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 provides automated trademark description generation services using advanced image analysis technology. The Service analyzes uploaded trademark images and generates descriptions formatted for USPTO 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 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 descriptions before submission to USPTO
• Ensure your trademark application meets all USPTO requirements

5. Credits and Payment

Our Service operates on a credit-based system. One credit generates one complete trademark description (including both color and non-color versions). Credits are:

• Non-refundable once purchased
• Non-transferable between accounts
• Valid indefinitely unless account is terminated
• Subject to volume discount pricing

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 one free regeneration per description within 30 days of the original generation, 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 may require new credits

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.

Generated descriptions 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

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 close your account at any time. Unused credits are non-refundable upon termination.

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 in which Descryber operates, without regard to conflict of law principles.

13. Contact Information

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