PatentVibe Terms of Service

Last updated: August 28, 2026

These Terms of Service ("Terms") are a binding agreement between you and JetUp Inc., a Delaware corporation doing business as PatentVibe ("PatentVibe," "we," "us," or "our"), concerning your access to and use of the PatentVibe Service or Service.

For purposes of these Terms, the Service means PatentVibe's public websites, authenticated software platform, automated patent-discovery and patent-drafting technology, patent filing products, practitioner-assisted services, communications, support, and related products and services.

JetUp Inc. d/b/a PatentVibe 16192 Coastal Highway Lewes, Delaware 19958 United States Delaware State File No. 4820151

Questions, customer-service requests and complaints may be sent to support@patentvibe.com.

PatentVibe may also provide support through electronic support channels available through the Public Website or PatentVibe Platform.

If you use the Service for an organization, you represent that you have authority to bind that organization, and "you" includes that organization.

You must be at least 18 years old to create an account or purchase the Service. An adult acting with appropriate authority may use the Service in connection with an invention involving a minor.

The Service is intended to be available worldwide, including in the European Economic Area ("EEA") and United Kingdom, subject to applicable law, USPTO requirements, sanctions, export controls, professional-conduct requirements, regulatory requirements, and product- or tier-specific eligibility requirements.

PatentVibe may restrict a particular product, tier, feature or transaction in a jurisdiction where necessary to comply with applicable law or professional requirements.

Availability of the Service in a jurisdiction does not mean that every PatentVibe product is available there.

Definitions

"Public Website" means PatentVibe's publicly accessible websites and pages, including pages at patentvibe.com that do not require an authenticated PatentVibe account.

"PatentVibe Platform" or "Platform" means PatentVibe's authenticated software environment through which customers and authorized users use PatentVibe products and workflows.

"Patent Discovery" or "Discovery" means PatentVibe's automated processing of material to identify, analyze, rank or evaluate potentially patentable inventions and potentially relevant prior art.

"Patent Project" means a customer workspace or matter relating to a particular Discovery, invention, patent draft, patent filing, prosecution activity or other patent-related service.

"Patent Filing Package" means a product or order through which PatentVibe prepares patent-application documents or related filing materials and, depending on the purchased tier or add-on, may facilitate filing, practitioner review, professional representation or post-filing services.

"Customer Material" means information, documents, source code, descriptions, drawings, communications, data, invention disclosures, comments, instructions and other material supplied by or for you through the Service.

"Practitioner Provider" means a USPTO-registered patent attorney or patent agent, law firm, regulated professional-services entity, regulated PatentVibe affiliate, or other provider lawfully authorized to provide the relevant professional services.

"Organizational Customer" means a company, institution or other organization that purchases or administers the Service for one or more authorized users.

"Consumer" means a natural person acting wholly or mainly for purposes outside that person's trade, business, craft or profession. Whether you qualify as a Consumer is determined by applicable law.

1. The Service

1.1 Deep Patent Discovery

Deep Patent Discovery is PatentVibe's automated analysis of material you provide to identify potentially patentable inventions.

One Discovery processes one unit of material accepted by the Service as a Discovery input.

A Discovery may produce candidate inventions, scores or evaluations across dimensions shown in the Service, searches for potentially relevant prior art, and automated assessments of potential patentability or viability.

Discovery is a search and analytical service.

It is not an exhaustive prior-art search and does not guarantee that any particular reference, invention, issue, rejection, or patentability determination will be found.

1.2 Patent Filing Packages

For a candidate you choose to pursue, PatentVibe may produce a Patent Filing Package for a U.S. non-provisional utility patent application or another patent filing product expressly offered through the Service.

Unless the applicable tier states otherwise, a Patent Filing Package for a U.S. non-provisional utility patent application includes:

drafted claims;
specification;
abstract;
documents exported in formats intended for USPTO filing;
patent drawings or drawing sheets where applicable; and
the additional review or filing services specified for the tier purchased.

PatentVibe designs generated filing materials to conform to applicable USPTO technical and formatting requirements, but does not guarantee that the USPTO will accept any particular document without correction.

Available tiers, features and prices are shown on PatentVibe's pricing page and at checkout.

1.3 Self-Serve Services

On a self-serve tier, PatentVibe supplies technology, drafted documents, automated review, filing information and filing guidance.

PatentVibe does not represent you before the USPTO on a self-serve tier.

You file the patent application through your own USPTO account.

Self-serve eligibility is determined according to then-current USPTO rules.

Before checkout, PatentVibe may ask questions concerning:

domicile;
applicant status;
ownership;
representation;
entity status; or
other facts relevant to whether the matter may lawfully proceed without a registered practitioner.

PatentVibe may rely on your answers.

You represent that they are complete and accurate.

PatentVibe may decline or disable a self-serve tier when the answers do not establish eligibility or when eligibility is uncertain.

1.4 Represented Services

A represented tier includes professional patent services provided by a Practitioner Provider.

JetUp Inc. is not presently a law firm or patent practice.

The attorney-client, patent-agent-client, or other professional relationship for represented services does not begin merely because you:

create an account;
create a Patent Project;
order a Patent Filing Package;
communicate with PatentVibe; or
receive automated output.

Representation begins only when:

an appropriate Practitioner Provider has been selected;
required conflict and eligibility checks have been completed;
the Practitioner Provider accepts the engagement; and
any additional engagement disclosures or consents required by law or professional rules have been completed.

If no Practitioner Provider can accept a represented matter, the affected Patent Filing Package order will be refunded in full.

PatentVibe may select among qualified Practitioner Providers and may provide services through directly or indirectly owned regulated affiliates, independent practitioners, or third-party professional firms, subject always to applicable law.

Before a professional relationship begins, PatentVibe may replace the proposed Practitioner Provider.

After representation begins, any substitution or transfer of professional responsibility must comply with applicable professional rules.

1.5 Professional Independence

The Practitioner Provider exercises independent professional judgment.

PatentVibe may provide:

software;
research;
drafting systems;
workflows;
administrative support;
billing technology;
quality controls;
communication infrastructure; and
other non-professional assistance.

PatentVibe personnel who are not authorized practitioners may not direct or override a practitioner's professional judgment.

A Practitioner Provider may revise, reject, supplement, or decline to file material produced by PatentVibe.

1.6 Represented Services, Single Checkout and Professional Fees

PatentVibe provides represented services through a single checkout and a single payment transaction for customer convenience.

The amount charged may include separately identified amounts for:

the PatentVibe component, including PatentVibe's technology, automated patent discovery, prior-art analysis, drafting, document generation, workflow, administration and other non-professional services;
Professional Services provided by the assigned Practitioner Provider; and
applicable USPTO or other government fees.

The checkout may display these components separately while charging the combined total in a single card transaction.

Professional-services component

The amount identified as the Professional Services fee is compensation for services provided by the Practitioner Provider and is not compensation earned by PatentVibe.

For purposes of collecting the single combined payment, the applicable Practitioner Provider, under its arrangement with PatentVibe, authorizes PatentVibe and its payment processors to act as a limited payment-collection agent for the Practitioner Provider.

You authorize PatentVibe to collect the Professional Services fee through the same payment transaction used to purchase the PatentVibe component.

PatentVibe acquires no beneficial ownership of the Professional Services fee merely because it facilitates collection of the combined payment.

PatentVibe will not retain any portion of the Professional Services fee as its revenue, receive a referral commission from that fee, or offset amounts owed to PatentVibe against that fee except where expressly permitted by applicable professional rules.

Where the Practitioner Provider has not yet accepted the matter at the time payment is collected, the Professional Services component is collected conditionally for the benefit of the Practitioner Provider that accepts the engagement and is not earned merely by collection.

PatentVibe will cause the Professional Services fee to be transferred, accounted for, refunded, segregated or otherwise handled for the benefit of the Practitioner Provider in accordance with applicable professional-conduct and client-funds requirements, including any requirement that an advance professional fee be maintained in an appropriate practitioner client trust account until earned.

The Practitioner Provider remains responsible for compliance with professional rules governing its fees and client funds.

Practitioner acceptance

The Practitioner Provider independently determines whether to accept the engagement after applicable conflict, eligibility and professional review.

The practitioner-client relationship begins only when the Practitioner Provider accepts the engagement.

If no Practitioner Provider accepts the engagement:

no Professional Services fee is earned;
the Professional Services component of the combined charge will be refunded; and
where these Terms provide for a refund of the entire represented-service order, the PatentVibe component will also be refunded.

Professional independence

The Practitioner Provider independently determines the scope and manner of professional representation and exercises independent professional judgment.

PatentVibe may select or propose qualified Practitioner Providers and provide technology, workflow, administrative, communication, payment and operational infrastructure, but PatentVibe may not direct or override the Practitioner Provider's professional judgment.

Future regulated providers

PatentVibe may provide Professional Services through an independent practitioner, law firm, directly or indirectly owned regulated affiliate, alternative business structure, or other entity lawfully authorized to provide the relevant Professional Services.

Where applicable law permits such an entity to receive, retain or share professional fees as part of its regulated structure, PatentVibe may modify the allocation and handling of the combined payment accordingly without changing the customer's single-checkout experience.

1.7 Priority Option

Where offered, a priority option adds a surcharge equal to 50% of the applicable Patent Filing Package price after any applicable package discount and provides the priority drafting delivery target stated in Section 4.

1.8 Technical Requirements, Functionality and Compatibility

The PatentVibe Platform is a browser-based service and requires an internet connection and a reasonably current web browser supporting ordinary modern web standards, secure HTTPS connections, JavaScript, and browser-storage technologies necessary for authentication and Service operation.

Specific products may produce files in formats including:

DOCX;
PDF;
structured data; and
other formats identified for the applicable product.

Self-serve patent filing requires a USPTO account and access to the applicable USPTO systems.

PatentVibe may update the Platform, including security, compatibility and functionality updates reasonably necessary to maintain or improve the Service.

Any material known technical requirement, compatibility limitation, interoperability limitation or technical protection measure specifically relevant to a purchased product will be disclosed through the applicable product description, checkout, Platform or documentation before purchase where required by applicable law.

PatentVibe does not warrant compatibility with unsupported, obsolete or materially modified browsers, devices, software or third-party systems.

2. AI-Assisted and Probabilistic Service

PatentVibe relies extensively on artificial intelligence, machine learning, search systems, statistical methods, heuristics and automated software.

Artificial-intelligence systems are probabilistic or stochastic rather than deterministic.

The same or substantially the same input may produce different results on different runs or at different times.

Differences may include, among other things:

which inventions are identified;
candidate rankings or scores;
prior-art references;
patentability assessments;
claim scope or wording;
descriptions and examples;
drawings;
recommended strategies; and
other generated content.

Results may also change because PatentVibe changes:

models;
search indexes;
prompts;
algorithms;
software;
datasets;
third-party providers;
evaluation methods; or
other parts of the Service.

PatentVibe does not warrant that an output is unique, complete, reproducible, accurate, legally correct, or the best possible output.

No automated score or verdict is a guarantee of:

patentability;
validity;
enforceability;
freedom to operate;
commercial value;
allowance; or
any particular USPTO or other patent-office outcome.

3. Human Inventorship

PatentVibe is designed to discover, analyze, document and draft inventions originating from human inventors.

Artificial-intelligence systems used by PatentVibe are tools.

PatentVibe does not identify an artificial-intelligence system as an inventor and does not claim ownership of an invention merely because PatentVibe software assisted in discovering, analyzing, describing or drafting it.

You are responsible for identifying the correct natural-person inventor or inventors under applicable law.

You represent that any invention you direct PatentVibe to prepare or file as your invention was conceived by the natural person or persons identified as inventors, including where the relevant conception is evidenced by or reflected in Customer Material supplied to PatentVibe.

If PatentVibe identifies a potentially inventive feature, combination, implementation or refinement that no natural person actually conceived, you must not represent that feature as having been conceived by a human merely because PatentVibe generated it.

PatentVibe may ask you to confirm conception or inventorship of particular subject matter during Discovery, drafting, validation or filing.

PatentVibe is not required to ask such questions in every case, and the absence of a question does not constitute a determination that inventorship is correct.

On represented tiers, the Practitioner Provider may independently ask questions or require corrections concerning inventorship.

4. Delivery Times

PatentVibe's delivery targets are maximum delivery times for the applicable automated or service step.

A delivery clock pauses, or "tolls," while required customer information, approval, signature, correction, or other customer action is outstanding.

4.1 Discovery

PatentVibe will deliver candidate results, or a notice that no viable candidates were found, within 24 hours after the Discovery order.

4.2 Standard Drafting

A reviewable Patent Filing Package draft will be delivered within 24 hours after the applicable order.

4.3 Priority Drafting

A Patent Filing Package purchased with the priority option will have a reviewable draft delivered within 1 hour after the applicable order.

If PatentVibe fails to meet the priority deadline because of a technical or operational failure on PatentVibe's side, PatentVibe will refund the priority surcharge and the order will continue as a standard drafting order.

4.4 Requested Changes

A requested drafting change will ordinarily produce a new version within 24 hours after the request.

Changes are not separately charged.

If a requested-change deadline is missed, the issue is handled through support.

A missed change deadline alone does not automatically refund an otherwise delivered Patent Filing Package, but a failure that prevents the Patent Filing Package from returning to a reviewable state may qualify for the refund provisions below.

4.5 Represented Filing

On represented tiers, following your acceptance of the draft and completion of required filing information, the target is filing within 24 hours, including the Practitioner Provider's independent review and signature.

The filing clock pauses while your action is outstanding, including:

a missing signature;
missing filing information;
a requested revision; or
re-review necessitated by a material customer change.

The Practitioner Provider's own review time is not excluded from the 24-hour target.

If the filing deadline passes because of an unexcused failure on PatentVibe's or the Practitioner Provider's side and the patent application has not been filed, PatentVibe will refund the affected Patent Filing Package, subject to the exception below.

If submission is already in progress at the USPTO and cancellation could result in ambiguity over whether a patent application was filed, PatentVibe may temporarily hold the automatic refund while the filing status is confirmed.

The matter will be reconciled manually and will either be recorded as filed or closed with the applicable full refund.

4.6 Self-Serve Filing Kit

A self-serve filing kit will ordinarily become downloadable within 24 hours after final validation is released and required filing information is complete.

If you change filing information, the clock restarts.

If you request a drafting change, the Patent Project returns to drafting and validation before a new filing kit is released.

If pre-flight validation identifies an issue preventing creation of the filing kit, that report itself is not a failure to deliver.

If the issue results from documents PatentVibe drafted, PatentVibe will correct it without charge.

If it results from information you supplied, you are responsible for correcting the information.

5. Refunds, Consumer Withdrawal and Service Failures

5.1 PatentVibe Refund Rights

Where a delivery step expressly covered by Section 4 is not delivered because of a technical or operational failure on PatentVibe's side, PatentVibe may identify and refund the corresponding charge through automated or daily reconciliation without requiring a customer request.

Refunds required because of practitioner rejection, inability to complete a represented filing, or other circumstances described in these Terms may be processed manually.

A completed service is otherwise non-refundable except as expressly provided in these Terms or required by applicable law.

Mandatory consumer rights applicable to you are not waived.

5.2 EEA and UK Consumer Right of Withdrawal

If you are a Consumer habitually resident in the EEA or United Kingdom and enter into a contract with PatentVibe online, applicable consumer law may give you a 14-day right to withdraw from the contract without giving a reason.

The withdrawal period generally begins when the contract is entered into.

PatentVibe's products are designed to begin performance promptly and may be fully or substantially performed within the 14-day withdrawal period.

Where applicable law requires it, checkout will therefore ask you to:

expressly request that PatentVibe begin performance before the withdrawal period expires;
expressly request that an applicable Practitioner Provider begin Professional Services before that period expires;
consent to immediate supply of applicable digital content; and
acknowledge circumstances in which beginning or completing performance causes the statutory right of withdrawal to be lost.

For a service contract, if the service is fully performed during the withdrawal period after you expressly requested immediate performance and acknowledged that full performance will cause the withdrawal right to be lost, the withdrawal right ends when the service has been fully performed to the extent provided by applicable law.

If you withdraw from a service contract after expressly requesting performance to begin but before it has been fully performed, you may be required, where applicable law permits, to pay a proportionate amount for services actually supplied before withdrawal.

For digital content not supplied on a tangible medium, the withdrawal right may be lost when supply begins if you gave the prior express consent and acknowledgement required by applicable law.

If PatentVibe or a Practitioner Provider does not obtain a consent, request or acknowledgement that applicable law requires in order to charge for early performance or cause the withdrawal right to be lost, your statutory rights remain unaffected.

To exercise a right of withdrawal, you may:

email support@patentvibe.com with an unequivocal statement that you withdraw from the applicable order; or
use the model withdrawal form in Appendix A.

You are not required to use the model form.

For a represented service purchased through PatentVibe's combined checkout, notice of withdrawal sent to PatentVibe will also be treated as notice concerning the related Practitioner Provider component to the extent PatentVibe is authorized to receive that notice on the Practitioner Provider's behalf.

Where applicable law requires a refund following withdrawal, PatentVibe will make the refund within the legally required period and ordinarily by the same payment method used for the original transaction unless another method is expressly agreed.

Any allocation between the PatentVibe component and Professional Services component will be handled consistently with applicable consumer and professional-conduct law.

5.3 Other Mandatory Consumer Remedies

Nothing in these Terms limits any mandatory right a Consumer may have concerning:

conformity of digital content or digital services;
reasonable care and skill in performing services;
repair or re-performance;
price reduction;
termination;
refund; or
another remedy that applicable law does not permit PatentVibe to exclude.

6. No Viable Candidates

PatentVibe may designate a Discovery candidate as viable according to the Patentability score or other criteria displayed by the Service.

PatentVibe may revise its viability methodology or thresholds prospectively.

If a completed Discovery finds no viable candidate, you may, for 7 days, add additional material and request one rerun of that Discovery without an additional Discovery charge.

If you do not use the option within 7 days, the Discovery is closed.

A completed Discovery is not refundable merely because no viable candidate is identified, subject to mandatory rights under applicable law.

7. Draft Changes and Fair Use

Patent Filing Packages include unlimited drafting changes subject to fair use.

An "iteration" is a rerun of the drafting workflow after one or more changes have accumulated since the preceding version.

The Platform may display the number of iterations.

If an iteration process becomes unusually lengthy, abusive, technically excessive, inconsistent with the original invention, or otherwise materially outside normal use of a Patent Filing Package, PatentVibe may pause automated processing and refer the matter to support.

PatentVibe will not use fair-use limits merely to avoid performing ordinary good-faith revisions required to produce the purchased Patent Filing Package.

8. Practitioner Review, Communication and Filing

On represented tiers, the Practitioner Provider independently reviews the patent application and determines whether the Practitioner Provider can professionally sign and file it.

If the represented filing cannot be completed for any reason, including:

a conflict;
professional determination;
legal restriction; or
the outcome of practitioner review,

the affected Patent Filing Package order will be refunded in full.

Once a patent application is released for represented filing, ordinary drafting changes under Section 7 end.

Further changes are handled professionally through the Practitioner Provider, whose independent judgment governs the representation.

PatentVibe may continue to provide the communication, document exchange, workflow, approval, payment and other administrative interface through patentvibe.com, and communications between you and the Practitioner Provider may be transmitted through the PatentVibe Platform.

After filing, requested changes may constitute USPTO amendments or other post-filing professional work and may be subject to separate scope, fees and acceptance by the Practitioner Provider.

PatentVibe may offer separate products or add-on services that include one or more post-filing services.

Where purchased, the scope, fees, Practitioner Provider involvement and other applicable terms for those services will be as stated for the applicable product or order.

Unless expressly included in the purchased tier, product or service, prosecution after initial filing, responses to Office actions, continuations, foreign filings, assignments, appeals, maintenance fees, and other post-filing legal services are not included.

9. Self-Serve Filing

On a self-serve tier, PatentVibe may collect filing information needed to prepare USPTO documents, including:

inventor information;
applicant information;
correspondence information;
entity status; and
facts specific to the patent application.

Following final validation, the filing kit may include:

patent-application documents in formats intended for Patent Center;
USPTO-compliant drawing sheets where applicable;
inventor declaration forms;
applicable micro-entity certification forms;
an application data sheet;
a fee estimate based on the then-current USPTO fee schedule;
a step-by-step Patent Center filing guide; and
prior-art references identified by PatentVibe for the patent application.

All signatures are yours to make.

PatentVibe does not file the patent application or an information disclosure statement on your behalf on the self-serve tier.

You are responsible for complying with duties owed to the USPTO, including any applicable duty of disclosure.

After you file, you may record the patent application or confirmation number supplied by Patent Center.

When you record the filing as completed, PatentVibe may freeze the corresponding Patent Project version and filing information as the filed record.

Further changes are treated as post-filing matters rather than drafting iterations.

10. Prioritized Examination and Government Fees

Where PatentVibe offers USPTO prioritized examination or another government-fee option on a represented tier, applicable USPTO fees are added at the amount PatentVibe expects the USPTO to charge based on the entity status supplied by you.

PatentVibe does not mark up USPTO filing or prioritized-examination fees unless checkout expressly identifies a separate PatentVibe service fee.

If PatentVibe does not have sufficient entity-status information at checkout, PatentVibe may initially charge the undiscounted government amount and reconcile it against the actual applicable fee.

On a self-serve tier, you pay USPTO fees directly to the USPTO.

11. Prices, Checkout, Promotions, Discounts and Credits

PatentVibe maintains generally applicable list prices rather than negotiating a separate list price for each customer.

PatentVibe may offer time-limited promotions.

Eligibility criteria and the promotional price will be shown through the Service or at checkout.

Unless PatentVibe expressly states otherwise, discounts do not stack.

If more than one discount applies, the best single applicable discount is used.

Volume discounts may apply when multiple Patent Filing Packages are purchased together.

The applicable discount is shown at checkout.

The priority surcharge is calculated from the package price after applicable package discounts.

PatentVibe may grant promotional credits to particular accounts, including invitation credits.

Credits reduce the amount otherwise due but do not change the underlying list price.

If a credit covers an entire order, nothing is charged for that order.

Unless the invitation states otherwise, a PatentVibe invitation may include:

one Discovery credit; and
one self-serve Patent Filing Package credit,

each up to the corresponding full list price.

An organization may redeem one invitation unless PatentVibe expressly permits otherwise.

Unless stated otherwise, an invitation code expires 7 days after issuance and may be withdrawn before redemption in cases of fraud, error, abuse, or legal necessity.

If an order paid entirely by a promotional credit is refunded, the applicable credit may be restored instead of cash being paid.

Prices may change prospectively.

The price shown and accepted at checkout controls the order.

Taxes and other mandatory charges are included or added as required by applicable law.

For Consumer transactions where applicable law requires a total inclusive price, PatentVibe will display the total price, including applicable taxes and mandatory charges that can reasonably be calculated in advance, before you place the order.

Optional additional charges will not be imposed without any affirmative consent required by applicable law.

Where the checkout results in an obligation to pay, the checkout will clearly indicate that placing the order creates that payment obligation.

PatentVibe will provide an order confirmation and applicable contractual information by email, through the Platform in a form you can retain, or through another durable medium where required by law.

12. Customer Material and Confidentiality

Customer Material is your Confidential Information whether or not marked confidential.

PatentVibe will:

use reasonable measures to protect Customer Material;
limit access according to role and operational need;
use Customer Material only as permitted by these Terms and the Privacy Policy;
require personnel and relevant contractors with access to maintain confidentiality;
not make Customer Material available to another PatentVibe customer;
not use one customer's unpublished Customer Material as direct search context, reference material or Patent Project input for another customer; and
implement reasonable measures designed to prevent Customer Confidential Information from being exposed through another customer's output.

Confidentiality obligations do not apply to information that PatentVibe can establish was:

lawfully public without breach;
already known without a confidentiality obligation;
lawfully obtained from another source without confidentiality restriction; or
independently developed without use of Customer Material.

PatentVibe may disclose information where legally required, but where legally permitted will seek to provide appropriate notice and limit disclosure to what is required.

13. Ownership and Intellectual Property

13.1 Your Material and Inventions

As between you and PatentVibe, you retain all rights in Customer Material.

PatentVibe claims no inventorship, ownership, or patent rights merely because its software discovers, analyzes, searches, documents, drafts, validates or processes an invention.

Ownership of an invention and patent rights is determined by applicable law and any agreements among the relevant human inventors, applicants, employers, assignees, or other rights holders.

13.2 Customer-Specific Outputs

As between you and PatentVibe, you own the customer-specific Discovery results, invention descriptions, claims, specifications, abstracts, drawings, and other Patent Project-specific or patent-application-specific deliverables generated for you ("Customer Outputs") to the extent rights in those outputs can exist under applicable law.

To the extent PatentVibe obtains any transferable right, title or interest in a Customer Output that would otherwise prevent your ownership, PatentVibe assigns that interest to you upon payment for the applicable order.

This assignment does not include PatentVibe Technology.

13.3 PatentVibe Technology

PatentVibe and its licensors retain all rights in:

the PatentVibe Platform;
software and source code;
prompts;
workflows;
search systems;
models;
algorithms;
methods;
templates;
generic drafting structures;
scoring systems;
evaluation systems;
processes;
interfaces;
documentation;
know-how; and
improvements

that are not customer-specific patent rights or Customer Outputs ("PatentVibe Technology").

Customer Outputs may contain or depend upon PatentVibe Technology.

You receive the rights necessary to use the Customer Output, but no source-code, model, workflow or Platform ownership is transferred.

13.4 License to Process Customer Material

You grant PatentVibe a non-exclusive license to host, copy, transmit, analyze, transform, search, generate from, and otherwise process Customer Material as reasonably necessary to:

provide the Service;
conduct Discovery and drafting;
conduct prior-art searching and evaluation;
perform validation and quality assurance;
provide support;
investigate failures;
maintain security and prevent fraud or abuse;
facilitate Practitioner Provider review and filing;
comply with law; and
improve PatentVibe's services, processes, models and technology as permitted below.

13.5 Service Improvement and PatentVibe Models

PatentVibe may use Customer Material internally to evaluate and improve PatentVibe's services, processes, technology and PatentVibe-controlled models, subject to:

the confidentiality obligations in these Terms;
the Privacy Policy;
the Data Processing Addendum below; and
applicable data-protection law.

PatentVibe will not make Customer Material available to another customer.

PatentVibe will not intentionally disclose Customer Confidential Information through another customer's output.

Where Customer Material contains Personal Data processed on behalf of an Organizational Customer, identifiable Personal Data will be used for independent PatentVibe model training or other PatentVibe improvement purposes only where that processing is within the Organizational Customer's documented instructions or another lawful arrangement expressly permits it.

PatentVibe may use anonymous, deidentified or aggregated information for its own analytics, research, benchmarking, testing and improvement where it no longer identifies an individual and, where relevant, no longer identifies the customer or reveals Customer Confidential Information.

13.6 Third-Party AI Training

PatentVibe will use third-party language-model providers under commercial or API arrangements under which Customer Material submitted through PatentVibe is not used to train the provider's general models.

PatentVibe will not voluntarily opt Customer Material into a third-party provider's general model-training program.

This restriction does not prohibit PatentVibe from training, adapting, evaluating, testing or improving PatentVibe-controlled technology as permitted above.

14. Privacy, Data Processing and Regulatory Representatives

Use of the Service is subject to the PatentVibe Privacy Policy.

For an individual customer, PatentVibe generally acts as a controller, business or equivalent responsible entity with respect to Personal Data it processes to provide and administer the Service.

Where an Organizational Customer submits Personal Data for PatentVibe to process on its behalf, the Organizational Customer generally acts as controller and PatentVibe acts as processor or service provider for that Customer Personal Data, except where applicable law assigns a different role.

14.1 Data Processing Addendum

This Section 14.1 constitutes the parties' Data Processing Addendum ("DPA") where applicable data-protection law requires a processor agreement.

For purposes of this DPA:

"Customer Personal Data" means Personal Data contained in Customer Material that PatentVibe processes on behalf of an Organizational Customer.

"Applicable Data Protection Law" means privacy and data-protection law applicable to the processing of Customer Personal Data, including where applicable the GDPR, UK GDPR and applicable U.S. state privacy laws.

Processing details

Subject matter: provision, operation, security, support and administration of the Service purchased or used by the Organizational Customer.

Duration: for the period the Organizational Customer uses the applicable Service and for the retention or deletion periods described in these Terms and the Privacy Policy.

Nature of processing: collection, hosting, storage, organization, retrieval, transmission, search, analysis, transformation, generation, consultation, support, security, deletion, and other processing necessary to provide the Service.

Purposes: providing Patent Discovery, patent drafting, prior-art analysis, Patent Project workflows, document preparation, filing support, Practitioner Provider workflows, customer support, security, fraud prevention, troubleshooting and other processing instructed by the Organizational Customer.

Frequency: as initiated by or necessary to serve the Organizational Customer during use of the Service.

Categories of data subjects may include:

Organizational Customer users;
employees;
contractors;
inventors;
applicants;
assignees;
representatives;
customers;
suppliers;
correspondents; and
other individuals whose Personal Data the Organizational Customer includes in Customer Material.

Types of Customer Personal Data may include:

names and contact information;
account and organization information;
professional or employment information;
technical and business information;
invention and patent-related information;
communications;
filing information;
correspondence information;
documents and content supplied by the Organizational Customer;
device or usage information relevant to the Service; and
other Personal Data submitted within Customer Material.

Customer Personal Data is not intended to contain sensitive or special-category data unless the Organizational Customer determines that such information is necessary and lawfully provides it.

Instructions

PatentVibe will process Customer Personal Data only:

on documented instructions from the Organizational Customer;
as necessary to provide the Service;
as otherwise expressly permitted by the applicable customer agreement; or
where required by applicable law.

If PatentVibe is required by law to process Customer Personal Data other than on the Organizational Customer's instructions, PatentVibe will notify the Organizational Customer before that processing unless prohibited by law.

If PatentVibe reasonably believes an instruction violates Applicable Data Protection Law, PatentVibe may suspend the affected processing and inform the Organizational Customer.

Confidentiality

Persons authorized by PatentVibe to process Customer Personal Data will be subject to appropriate confidentiality obligations.

Security

PatentVibe will maintain appropriate technical and organizational measures designed to protect Customer Personal Data against accidental or unlawful:

destruction;
loss;
alteration;
unauthorized disclosure; or
unauthorized access,

taking into account the nature of processing, risks, available technology and cost of implementation.

Security measures may include those described in the Privacy Policy and PatentVibe's then-current security documentation.

Subprocessors

The Organizational Customer provides general authorization for PatentVibe to use subprocessors.

PatentVibe will:

maintain a current subprocessor list;
enter into appropriate written obligations with subprocessors handling Customer Personal Data;
require each subprocessor to provide data-protection obligations materially consistent with PatentVibe's obligations for the delegated processing; and
remain responsible for its subprocessors to the extent required by Applicable Data Protection Law.

PatentVibe may add or replace subprocessors.

Where required by Applicable Data Protection Law, PatentVibe will provide reasonable advance notice of a material new subprocessor and an opportunity for the Organizational Customer to object on legitimate data-protection grounds.

Where the EU Standard Contractual Clauses require a specified notice period, PatentVibe will ordinarily provide at least 15 days' advance notice, except where a shorter period is reasonably necessary because of security, service continuity, legal requirements or another urgent circumstance.

If the parties cannot reasonably resolve a legitimate objection, the Organizational Customer may discontinue the affected Service without penalty for future unused service to the extent required by Applicable Data Protection Law.

Security incidents

PatentVibe will notify an affected Organizational Customer without undue delay after becoming aware of a confirmed Personal Data breach involving Customer Personal Data.

PatentVibe will provide information reasonably available to assist the Organizational Customer with applicable notification obligations.

Data-subject rights

Taking into account the nature of processing, PatentVibe will provide reasonable assistance to the Organizational Customer with legally required requests concerning:

access;
correction;
deletion;
restriction;
portability;
objection; and
other applicable data-subject rights.

Compliance assistance

Taking into account the nature of processing and information available to PatentVibe, PatentVibe will provide reasonable assistance concerning applicable processor obligations relating to:

security;
Personal Data breaches;
data-protection impact assessments;
prior consultation with supervisory authorities; and
regulatory inquiries.

Deletion and return

At termination or upon a valid instruction, PatentVibe will delete or return Customer Personal Data as required by Applicable Data Protection Law, subject to:

legal obligations;
Practitioner Provider professional-retention requirements;
fraud and security records;
legal holds; and
other legally permitted retention.

Backups ordinarily follow PatentVibe's normal backup lifecycle unless applicable law requires a different erasure standard.

Audits and compliance information

PatentVibe will make information reasonably necessary to demonstrate compliance with applicable processor obligations available to the Organizational Customer.

Audits should ordinarily first be satisfied through:

compliance documentation;
certifications;
security reports;
questionnaires; or
third-party audit reports.

Where Applicable Data Protection Law requires an additional audit or inspection, it will be subject to reasonable confidentiality, security, frequency, scope and cost controls and must avoid unreasonable disruption to PatentVibe or other customers.

International transfers: EEA

Where the GDPR applies to a restricted transfer of Customer Personal Data from the EEA to PatentVibe and no other lawful transfer mechanism applies, the parties incorporate the European Commission Standard Contractual Clauses adopted by Decision (EU) 2021/914 ("EU SCCs").

The applicable module will be:

Module Two — Controller to Processor where the Organizational Customer is controller and PatentVibe is processor; or
Module Three — Processor to Processor where the Organizational Customer acts as processor and PatentVibe acts as subprocessor.

For purposes of the EU SCCs:

the Organizational Customer is the data exporter;
PatentVibe is the data importer;
the processing details in this DPA and Privacy Policy complete Annex I to the extent applicable;
PatentVibe's security measures described in this DPA, the Privacy Policy and applicable security documentation complete Annex II;
PatentVibe's current subprocessor list completes Annex III where required;
Clause 9 uses general written authorization;
the optional redress provision in Clause 11 does not apply unless the parties expressly agree otherwise;
for Clause 17, the governing law will be the law of Ireland; and
for Clause 18, disputes under the EU SCCs will be resolved by the courts of Ireland.

If this DPA conflicts with the EU SCCs concerning a transfer governed by the EU SCCs, the EU SCCs control.

International transfers: United Kingdom

Where the UK GDPR applies to a restricted transfer and no other lawful transfer mechanism applies, the parties incorporate the then-current UK International Data Transfer Addendum to the EU Commission Standard Contractual Clauses issued by the UK Information Commissioner's Office.

The information in these Terms, this DPA, the Privacy Policy and applicable subprocessor and security documentation will populate the corresponding tables of the UK Addendum to the extent permitted by that Addendum.

Switzerland

Where Swiss data-protection law requires contractual transfer safeguards, the EU SCCs will apply with modifications necessary to make them effective under Swiss law.

14.2 EU and UK Privacy Representatives

JetUp Inc. has appointed Prighter Group with its local partners as its privacy representative and point of contact in:

the European Union; and
the United Kingdom.

Privacy requests and communications through PatentVibe's representative may be submitted at:

https://app.prighter.com/portal/13511251474

Direct DSR workflow:

https://app.prighter.com/dsr/13511251474

The applicable local representative entities include:

European Union: Prighter EU Rep GmbH, Schellinggasse 3/10, 1010 Vienna, Austria.

United Kingdom: Prighter Ltd, 20 Mortlake High Street, London SW14 8JN, United Kingdom.

You may also contact PatentVibe directly at support@patentvibe.com.

14.3 EU Data Act Representative

JetUp Inc. has appointed Prighter Group as its legal representative according to Article 37 of Regulation (EU) 2023/2854, the EU Data Act.

Prighter Group serves as the addressee for competent authorities, users and other stakeholders in the European Union on matters related to the EU Data Act.

To contact Prighter Group regarding EU Data Act matters, visit PatentVibe's digital governance portal:

https://app.prighter.com/portal/13511251474

PatentVibe's EU Data Act certificate of representation is available at:

https://app.prighter.com/v1/business/certificate-of-representation?business_id=13511251474&certificate_product=DATAACT

14.4 EU AI Act Representative

JetUp Inc. has appointed Prighter EU Rep GmbH, Schellinggasse 3/10, 1010 Vienna, Austria as its authorized representative under Regulation (EU) 2024/1689, the EU AI Act, within the scope of PatentVibe's written mandate with Prighter.

Where Article 54 applies, this includes representation concerning a general-purpose AI model for which PatentVibe is a provider and which falls within the scope of the appointment.

Nothing in this Section states that every PatentVibe product constitutes a general-purpose AI model, high-risk AI system or other particular regulated AI category.

15. Accounts, Organizations and Patent Projects

Every account is associated with an organization or customer workspace used for billing and access control.

PatentVibe may support roles including:

owner;
administrator;
Patent Project reviewer;
read-only user; and
write user.

You are responsible for:

maintaining accurate account information;
protecting credentials;
controlling access by your users;
assigning appropriate roles; and
promptly notifying PatentVibe of suspected unauthorized access.

Actions performed through an authenticated account may be treated as authorized by the account or organization unless PatentVibe has reason to know otherwise.

Every paid order is charged at checkout for the amount remaining after applicable:

promotions;
discounts;
surcharges;
taxes;
government fees; and
credits.

16. Acceptable Use

You must not use the Service to:

violate law or third-party rights;
submit material you have no right to use;
obtain patents through fraud or intentional misrepresentation;
knowingly provide false inventorship, applicant, entity-status, eligibility or filing information;
compromise PatentVibe security or another user's account;
introduce malware or harmful code;
evade technical, commercial, account or payment controls;
scrape, reverse engineer, or systematically extract the Service except where applicable law expressly prohibits such restrictions;
resell account access without authorization;
use PatentVibe Technology or systematically generated output to train or build a competing patent-discovery, patent-drafting or substantially similar automated service; or
use the Service in a sanctioned or otherwise prohibited transaction.

Nothing in this Section restricts interoperability, data portability, switching, reverse engineering or another activity to the extent applicable law gives you a non-waivable right to perform that activity.

PatentVibe may suspend processing of content or conduct that reasonably appears:

unlawful;
fraudulent;
dangerous to system integrity; or
inconsistent with these Terms.

A failure caused by prohibited or unlawful Customer Material does not create a refund entitlement, except that an express represented-filing refund under Section 8 continues to apply where PatentVibe has committed to that refund and applicable law does not permit otherwise.

17. Third-Party Services

The Service depends on third-party infrastructure, AI providers, identity providers, payment processors, government systems, and other services.

PatentVibe is not responsible for failures of third-party systems outside its reasonable control, except where:

these Terms expressly provide a refund;
PatentVibe has expressly assumed responsibility; or
applicable law does not permit PatentVibe to exclude responsibility.

USPTO systems, rules, fees, forms, processing times and practices may change without PatentVibe's control.

18. Professional Advice and Reliance

Automated PatentVibe output, including Discovery output and self-serve output, does not itself constitute legal representation.

Automated PatentVibe output should not be treated as a substitute for professional judgment where professional advice is appropriate.

On a represented tier, professional legal or patent-practice advice is provided by the Practitioner Provider within the scope of the accepted engagement.

Communications directly with a Practitioner Provider may be protected by:

attorney-client privilege;
patent-agent privilege;
work-product protection; or
similar protections

where applicable.

Communications solely with PatentVibe or automated PatentVibe systems are not automatically privileged merely because they concern patents.

Where PatentVibe technology, infrastructure or personnel assist a Practitioner Provider in an accepted represented matter, confidentiality and privilege are determined by applicable law and the professional relationship.

19. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR EXPRESS COMMITMENTS IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PATENTVIBE DISCLAIMS IMPLIED WARRANTIES OF:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
NON-INFRINGEMENT;
TITLE;
ACCURACY; AND
QUIET ENJOYMENT,

TO THE EXTENT THOSE WARRANTIES MAY LAWFULLY BE DISCLAIMED.

PATENTVIBE DOES NOT WARRANT:

THAT ANY INVENTION IS PATENTABLE;
THAT ANY PATENT APPLICATION WILL BE ALLOWED;
THAT A PATENT WILL BE VALID OR ENFORCEABLE;
THAT ANY CLAIM WILL HAVE A PARTICULAR SCOPE;
THAT A SEARCH WILL IDENTIFY ALL MATERIAL PRIOR ART;
THAT AN EXAMINER WILL FIND THE SAME PRIOR ART AS PATENTVIBE;
THAT A PATENT WILL HAVE COMMERCIAL VALUE;
THAT A FILING WILL PREVENT THIRD-PARTY RIGHTS;
FREEDOM TO OPERATE;
THAT AI OUTPUT WILL BE ERROR-FREE OR REPRODUCIBLE; OR
ANY PARTICULAR RESULT FROM THE USPTO OR ANY OTHER AUTHORITY.

Nothing in this Section:

limits professional obligations that a Practitioner Provider cannot lawfully disclaim;
excludes statutory Consumer rights that cannot lawfully be excluded;
reduces any mandatory obligation to perform services with reasonable care and skill; or
excludes mandatory conformity or remedy rights applicable to digital content or digital services.

20. Indemnification

You will defend and indemnify PatentVibe, its affiliates, officers, employees, contractors and agents against third-party claims, damages, liabilities and reasonable costs arising from:

Customer Material that infringes or violates third-party rights;
your unlawful or fraudulent use of the Service;
intentional misrepresentation of inventorship, ownership, applicant status, entity status, eligibility or other filing facts;
your material breach of these Terms; or
conduct by your account users for which you are legally responsible.

PatentVibe will promptly notify you of a covered claim and provide reasonable cooperation.

You may not settle a claim in a manner admitting wrongdoing or imposing a non-monetary obligation on an indemnified PatentVibe party without that party's consent.

This Section does not require a Consumer to indemnify PatentVibe where such an obligation is prohibited or unenforceable under applicable consumer law.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PATENTVIBE AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, OR SIMILAR ECONOMIC LOSSES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PATENTVIBE'S AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

THE AMOUNT YOU PAID FOR THE ORDER OR SERVICE DIRECTLY GIVING RISE TO THE CLAIM; OR
THE TOTAL FEES YOU PAID TO PATENTVIBE DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations do not apply to liability that cannot lawfully be limited.

In particular, nothing in these Terms excludes or limits liability to the extent applicable law prohibits exclusion or limitation for:

fraud;
fraudulent misrepresentation;
intentional misconduct;
death or personal injury caused by negligence;
breach of mandatory statutory Consumer rights; or
another category of liability that cannot lawfully be limited.

For Consumers, this Section applies only to the extent permitted by the mandatory law applicable to the Consumer.

The professional liability of an independent Practitioner Provider is governed by applicable professional law and the Practitioner Provider's engagement terms.

Nothing in these Terms purports to limit a practitioner's professional liability where such limitation is prohibited.

22. Suspension and Termination

You may stop using the Service at any time.

PatentVibe may suspend or terminate an account, Patent Project, product or transaction where reasonably necessary because of:

material breach of these Terms;
fraud or suspected fraud;
security risk;
unlawful activity;
sanctions or export restrictions;
nonpayment;
misuse of the Service;
false filing or eligibility information;
professional or regulatory requirements; or
material risk to PatentVibe, a Practitioner Provider, another customer, or a third party.

Where reasonably practicable, PatentVibe will give notice and an opportunity to cure before termination for an ordinary contractual breach.

Termination does not:

undo a completed patent filing;
remove payment obligations already accrued;
eliminate a statutory withdrawal or termination right; or
override switching or portability rights that applicable law requires PatentVibe to provide.

Sections that by their nature should survive termination, including confidentiality, intellectual property, disclaimers, indemnification, liability limitations, dispute resolution, data-retention obligations and professional record-retention obligations, survive.

23. Changes to the Service and Terms

PatentVibe may improve, modify, add or discontinue Service features.

PatentVibe may amend these Terms prospectively.

Material changes will be communicated through reasonable notice, such as:

email;
account notice; or
publication through the Service

before they take effect where advance notice is required or reasonably appropriate.

Changes do not retroactively alter:

an already completed order;
accrued statutory rights; or
a dispute that arose before the effective date

where doing so would be unlawful or materially unfair.

Your continued use after the effective date constitutes acceptance where permitted by applicable law.

Where applicable Consumer law requires affirmative acceptance rather than continued use, PatentVibe will obtain that acceptance.

24. Governing Law

These Terms and any dispute not subject to mandatory local law are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles.

The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in Section 25 where that arbitration agreement applies.

If you are a Consumer, this choice of law does not deprive you of mandatory protections provided by the law that would apply in the absence of this choice.

In particular, an EEA or UK Consumer retains mandatory Consumer protections applicable in the Consumer's country of habitual residence to the extent those protections cannot lawfully be waived by contract.

25. Dispute Resolution

25.1 Informal Resolution

Before filing a formal proceeding, you and PatentVibe agree to attempt in good faith to resolve the dispute for at least 30 days after written notice describing the dispute, except where:

urgent injunctive relief is reasonably required;
a limitation period would expire;
applicable Consumer law gives you an immediate right to proceed; or
another law prevents requiring the informal period.

25.2 EEA and UK Consumers

If you are a Consumer habitually resident in the EEA or United Kingdom:

the mandatory arbitration requirement below does not apply to you;
the class-action waiver below applies only to the extent it is valid under applicable law;
you may bring proceedings in courts available to you under mandatory applicable Consumer and jurisdiction rules; and
nothing in these Terms requires you to litigate exclusively in Delaware if mandatory law gives you the right to bring proceedings in your country of habitual residence.

You and PatentVibe may voluntarily agree to mediation, arbitration or another alternative dispute-resolution process after a dispute has arisen.

25.3 Binding Arbitration for Other Customers

Except for EEA and UK Consumers and disputes otherwise exempted by applicable law, either party may require an unresolved dispute to be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA").

AAA Consumer Arbitration Rules apply where you qualify as a Consumer and those rules are applicable.

AAA Commercial Arbitration Rules apply to business disputes unless applicable AAA rules require otherwise.

Arbitration may be conducted remotely.

Where applicable Consumer rules determine the location, those rules control.

Business arbitration will take place in Delaware unless the parties agree otherwise.

The arbitrator may award any relief available to the individual party that a court could lawfully award.

Class and Jury Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PATENTVIBE AGREE THAT CLAIMS SUBJECT TO ARBITRATION WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES TRIAL BY JURY FOR A DISPUTE SUBJECT TO THIS SECTION.

Exceptions

Either party may:

bring an eligible individual claim in small-claims court;
seek temporary or injunctive relief from a court to protect confidential information, intellectual property, account security or system integrity; or
pursue a remedy that applicable law does not permit to be subjected to arbitration.

Arbitration Opt-Out

An individual customer to whom the arbitration agreement applies may opt out by emailing support@patentvibe.com within 30 days after first accepting these Terms.

The notice must identify the account and state that the customer opts out of arbitration.

Court Jurisdiction Where Arbitration Does Not Apply

If arbitration does not apply and no mandatory law provides another forum, the state and federal courts located in Delaware have exclusive jurisdiction.

This provision does not restrict a Consumer from using a court that applicable mandatory Consumer law makes available to that Consumer.

26. European Union Data Act

This Section applies only to the extent PatentVibe provides a data processing service within the meaning of Regulation (EU) 2023/2854, the EU Data Act, and the relevant provisions apply to the customer or Service.

Nothing in this Section limits broader rights provided by the EU Data Act.

26.1 Switching and Exit Rights

Where the EU Data Act applies, you may request to:

switch from the applicable PatentVibe data processing service to a data processing service provided by another provider;
port all applicable Exportable Data and digital assets to an on-premises ICT infrastructure; or
erase applicable Exportable Data and digital assets when ending the data processing service.

For purposes of this Section, "Exportable Data" has the meaning given by the EU Data Act.

PatentVibe will not impose contractual, commercial, technical or organizational obstacles prohibited by the EU Data Act that prevent an effective switching process.

26.2 Notice and Transitional Period

The maximum notice period for initiation of a switching process under this Section will not exceed two months.

Following that notice period, PatentVibe will support the switching process without undue delay and, where legally required, within a mandatory maximum transitional period of 30 calendar days.

During the transitional period, PatentVibe will, as required by applicable EU Data Act provisions:

provide reasonable assistance to you and third parties you authorize;
act with due care to maintain continuity of the contracted Service;
provide clear information concerning known risks to continuity; and
maintain an appropriate level of security during transfer and retrieval.

If the 30-calendar-day transitional period is technically infeasible, PatentVibe may use an alternative transitional period only as permitted by the EU Data Act.

Where required, PatentVibe will:

notify you within 14 working days after the switching request;
explain the technical reason the standard period is infeasible; and
identify an alternative transitional period not exceeding the maximum permitted by law.

Where the EU Data Act gives you the right to extend the transitional period once for a period you consider more appropriate for your purposes, PatentVibe will honor that right.

26.3 Data Available for Porting

Subject to the EU Data Act, categories of data and digital assets available for porting may include:

Customer Material;
Customer Outputs;
Patent Project content;
patent drafts;
drawings;
comments;
customer-provided configuration information;
customer-created workflow information;
filing information;
customer-visible version history;
output data generated by your use of the applicable Service; and
metadata directly or indirectly generated or co-generated by your use of the applicable data processing service to the extent it constitutes Exportable Data.

PatentVibe may provide Exportable Data in one or more structured, commonly used and machine-readable formats appropriate to the relevant data.

26.4 Internal and Protected Data Excluded from Export

To the extent permitted by the EU Data Act, Exportable Data does not include data or digital assets whose disclosure would improperly disclose PatentVibe's or a third party's intellectual property, trade secrets or information specific to the internal functioning of the Service.

Depending on the Service, excluded categories may include:

PatentVibe source code;
model weights;
proprietary prompts and prompt libraries;
proprietary scoring and evaluation logic;
proprietary search algorithms;
internal orchestration logic;
internal model-routing rules;
internal security rules;
fraud-detection logic;
credentials and cryptographic secrets;
internal infrastructure configuration;
internal operational telemetry not constituting Exportable Data;
protected third-party technology; and
other internal information protected by intellectual-property or trade-secret rights.

PatentVibe will apply these exclusions narrowly and will not use them to impede or delay a switching process where prohibited by the EU Data Act.

26.5 Retrieval Period and Erasure

Following the applicable transitional period, PatentVibe will provide a data-retrieval period of at least 30 calendar days where required by the EU Data Act.

After:

the retrieval period expires; or
a later alternative period expressly agreed with you expires,

PatentVibe will erase Exportable Data and digital assets generated directly by you or relating directly to you to the extent required by the EU Data Act after a successful switching process.

Retention required by another applicable law, binding legal process, or applicable professional obligation may continue only to the extent legally permitted.

Where the erasure requirements of the EU Data Act require a different result from PatentVibe's ordinary backup lifecycle, the legally required EU Data Act erasure standard controls for the affected data.

26.6 Termination Following Switching or Erasure

Where required by the EU Data Act, the applicable data-processing-service portion of the contract will be considered terminated and PatentVibe will notify you:

upon successful completion of the switching process; or
at the end of the applicable maximum notice period where you choose to terminate and erase Exportable Data without switching.

Termination of an applicable data processing service does not by itself:

undo a completed patent filing;
terminate an independent Practitioner Provider engagement;
require destruction of professional records that must lawfully be retained; or
eliminate rights or obligations concerning a separately purchased professional service,

except to the extent applicable law requires otherwise.

26.7 Switching Charges

PatentVibe will not charge for standard data export or switching assistance that the EU Data Act requires PatentVibe to provide without charge.

PatentVibe may charge separately for optional bespoke migration, consulting, data transformation or professional services requested by you that go beyond PatentVibe's mandatory switching obligations, provided that any such charge is lawful, disclosed in advance and does not constitute a prohibited switching charge.

26.8 Switching Information, Export Formats and Technical Interfaces

PatentVibe maintains current information concerning available switching and portability procedures, exportable-data structures and formats, relevant standards and interoperability specifications at:

https://patentvibe.com/legal/data-portability

That page constitutes PatentVibe's online portability register for purposes of applicable EU Data Act requirements.

PatentVibe will keep the register reasonably current and will describe known technical restrictions or limitations applicable to switching or porting.

26.9 International Government Access Information

PatentVibe maintains information concerning:

jurisdictions to which the ICT infrastructure used for PatentVibe data processing is subject; and
general technical, organizational and contractual measures used to protect non-personal data held in the European Union against international governmental access or transfer that would conflict with applicable European Union or Member State law

at:

https://patentvibe.com/legal/data-act

That webpage forms part of these Terms for purposes of applicable EU Data Act transparency requirements and will be kept reasonably current.

26.10 EU Data Act Representative

JetUp Inc. has appointed Prighter Group as its legal representative according to Article 37 of the EU Data Act.

Prighter Group serves as the addressee for competent authorities, users and other stakeholders in the European Union on matters related to the EU Data Act.

Prighter may be contacted through PatentVibe's digital governance portal:

https://app.prighter.com/portal/13511251474

The appointment and contact details are also described in Section 14.3.

27. European Union Digital Services Act

This Section applies only to the extent that a component of the Service constitutes an intermediary service or hosting service within the meaning of Regulation (EU) 2022/2065, the Digital Services Act ("DSA").

27.1 Nature of the Service

PatentVibe stores Customer Material and other information supplied by users in order to provide the Service.

PatentVibe does not ordinarily disseminate Customer Material to the public.

Patent Projects and their Customer Material are intended to remain accessible only to:

authorized persons;
PatentVibe systems and personnel;
applicable service providers; and
Practitioner Providers

as described in these Terms and the Privacy Policy.

27.2 Restrictions and Content Moderation

PatentVibe may restrict, suspend, remove, disable access to, or refuse to process Customer Material or use of the Service where PatentVibe reasonably determines that the information or activity:

violates Section 16 or another provision of these Terms;
is unlawful;
infringes third-party rights;
creates a security, fraud or abuse risk;
contains malware or harmful code;
involves a prohibited or sanctioned transaction;
involves materially false patent filing, inventorship or eligibility information;
conflicts with applicable professional or regulatory requirements; or
otherwise creates a material legal or operational risk that PatentVibe is entitled to address under these Terms or applicable law.

PatentVibe may use automated systems, including security systems, rules, classifiers and artificial-intelligence systems, to detect or identify information or activity that may require restriction or review.

PatentVibe may also use human review.

Automated detection does not necessarily result in automatic restriction.

Depending on the circumstances and risk, a restriction may result from automated processing, human review, or a combination of both.

PatentVibe does not undertake a general obligation to monitor Customer Material.

27.3 Notices Concerning Allegedly Illegal Content

PatentVibe maintains an electronic mechanism through which any person or entity may notify PatentVibe of specific information stored through the Service that the notifying party considers illegal.

The mechanism is available at:

https://patentvibe.com/legal/dsa-notice

A notice should identify:

the specific information concerned;
its electronic location or sufficient PatentVibe identifier to locate it;
the reasons the notifying party considers the information illegal;
the notifying party's name and email address, except where applicable law permits or requires omission of that information; and
a statement that the notifying party believes in good faith that the notice is accurate and complete.

PatentVibe will process qualifying notices in a timely, diligent, objective and non-arbitrary manner.

Where contact information is provided, PatentVibe will provide acknowledgement and information concerning its decision as required by applicable law.

27.4 Reasons for Restrictions and Review

Where the DSA requires it, if PatentVibe removes or restricts Customer Material, payments, Service access or an account because information is considered illegal or incompatible with these Terms, PatentVibe will provide the affected user with a clear statement of reasons.

The statement may include, as applicable:

the restriction imposed and its duration;
the relevant facts or circumstances;
whether the decision resulted from a third-party notice or PatentVibe's own review;
whether automated means materially contributed to the decision;
the applicable legal or contractual ground; and
available means of review or redress.

An affected user may request review through support@patentvibe.com or another review mechanism identified in the notice.

PatentVibe may use human review when considering an objection or appeal.

27.5 DSA Points of Contact and Legal Representative

PatentVibe maintains publicly accessible information concerning its points of contact for Service recipients and European Union authorities at:

https://patentvibe.com/legal/dsa

The user point of contact will provide at least one means of direct electronic communication handled by humans and will not rely exclusively on automated tools.

If PatentVibe is required to maintain a legal representative in the European Union under Article 13 of the DSA, the representative's name and contact details will be published at the same address.

27.6 Application of Mandatory DSA Rights

Nothing in these Terms excludes or restricts a right or obligation under the DSA that cannot lawfully be excluded by contract.

28. EU AI Act Representative

JetUp Inc. has appointed:

Prighter EU Rep GmbH Schellinggasse 3/10 1010 Vienna Austria

as its authorized representative under Regulation (EU) 2024/1689, the EU AI Act, within the scope of PatentVibe's written mandate with Prighter.

Where Article 54 applies, this includes representation concerning a general-purpose AI model for which PatentVibe is a provider and which falls within the scope of the appointment.

Prighter may act within its mandate as a point of contact for the European AI Office and competent national authorities and perform other functions assigned to the authorized representative under applicable law and the written mandate.

Nothing in this Section states or implies that every PatentVibe product constitutes a general-purpose AI model, high-risk AI system or other particular regulated AI category.

29. General Terms

Assignment

You may not assign these Terms without PatentVibe's consent, except in connection with a bona fide transfer of substantially all of your relevant business where the assignee agrees to these Terms.

PatentVibe may assign these Terms to:

an affiliate;
successor;
purchaser of substantially all relevant assets or business; or
regulated professional-services affiliate,

subject to applicable professional rules and mandatory Consumer law.

Subcontractors

PatentVibe may use employees, contractors, affiliates, subprocessors and other service providers to perform the Service.

Use of subprocessors to process Customer Personal Data is subject to Section 14 where applicable.

Force Majeure

Neither party is responsible for delay caused by events beyond its reasonable control, including:

natural disasters;
war;
civil disorder;
government action;
widespread infrastructure failures;
cloud or telecommunications failures; or
material failure of government filing systems.

This does not eliminate:

an express refund right in these Terms; or
a mandatory right that applicable law does not permit the parties to exclude.

Severability

If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder will remain effective.

Where applicable Consumer law instead requires an unfair term simply to be non-binding on the Consumer, that law controls.

No Waiver

Failure to enforce a provision is not a waiver.

Entire Agreement

These Terms, applicable checkout terms, the Privacy Policy, and any Practitioner Provider engagement terms applicable to represented Professional Services constitute the agreement governing the relevant Service.

If specific Practitioner Provider engagement terms conflict with these Terms concerning:

professional duties;
privilege;
conflicts;
professional responsibility;
client funds;
professional fees; or
the practitioner-client relationship,

the Practitioner Provider engagement terms and applicable professional law control for those matters.

Mandatory rights under applicable law control over any inconsistent contractual term.

Electronic Acceptance

Clicking an acceptance control, placing an order, or otherwise electronically agreeing to these Terms has the same effect as a written signature to the extent permitted by applicable law.

Appendix A — EEA and UK Model Withdrawal Form

Complete and send this form only if you wish to withdraw from a contract and applicable law gives you a right to do so.

To: JetUp Inc. d/b/a PatentVibe 16192 Coastal Highway Lewes, Delaware 19958 United States Email: support@patentvibe.com

I hereby give notice that I withdraw from my contract for the following PatentVibe product or service:

Product or service:

Order date:

Order number, if available:

Consumer name:

Consumer address:

Email address associated with the PatentVibe account:

Signature, only if this form is submitted on paper:

Date: