Terms of Service

These Terms of Service ("Terms") govern your access to and use of CrystalMark, a USPTO trademark examiner analytics service operated by Schwartz Software Solutions LLC("CrystalMark", "we", "us", "our"). By creating an account or otherwise using the service, you agree to these Terms.

If you are accepting these Terms on behalf of a firm or organization, you represent that you have authority to bind that organization, and "you" refers to both you individually and the organization. If you do not agree, do not use CrystalMark.

CrystalMark provides analytics and search over public U.S. Patent and Trademark Office ("USPTO") records, focused on the behavior of individual USPTO trademark examiners. The service includes examiner profiles, performance statistics, citation history, per-examiner §2(d) case-detail reports, methodology documentation, and optional firm/team accounts with shared seat management.

For firm accounts that connect their filings, the service also includes a docket view: the firm's pending applications, the stage each one is in as CrystalMark reads the USPTO record, and calendar dates that CrystalMark computes from that record under the rules described on the methodology page.

The service does not provide legal advice, prediction guarantees, or attorney representation. Our analytics describe historical examiner behavior; they do not predict the outcome of any specific case.

3.1 Eligibility

You must be at least 18 years old to use CrystalMark. By creating an account, you represent that you meet this requirement.

3.2 Account responsibility

You are responsible for:

• Keeping your account credentials secure
• All activity that occurs under your account
• Promptly notifying us of any unauthorized access (email support@crystalmark.app)

3.3 One account per person

Each user must have their own account. Account sharing is prohibited and may result in suspension. Firms that need multiple users should use the firm-account model (one seat per user).

3.4 Accurate information

The information you provide at signup (name, email, firm affiliation) must be accurate, and you agree to keep it current.

4.1 Pricing

CrystalMark's analytics are a paid service. Current pricing is displayed at crystalmark.app/pricing. Subscription fees are billed in advance on a recurring monthly basis unless otherwise stated. A free account lets you claim your docket and see which examiner holds each of your cases; the behavioral analytics ("the reads") require a paid subscription. A trial period, if offered, will be described on the pricing page and is subject to its own terms.

4.2 Billing

Payments are processed by our third-party payment processor, Stripe. By providing payment information, you authorize us, through Stripe, to charge your designated payment method for the subscription you select. You are responsible for all applicable taxes, except taxes on our income; we may add tax to your invoice where required.

4.3 Auto-renewal

Subscriptions renew automatically at the end of each billing cycle unless cancelled. The recurring price, billing frequency, and how to cancel are disclosed on the checkout page before you subscribe. Cancelling stops future renewals; it does not refund the current cycle (see 4.5).

4.4 Price changes

We may change subscription prices. We will provide at least 30 days' notice before a price change applies to your existing subscription. Continued use after a price change takes effect constitutes acceptance.

4.5 Cancellation and refunds

You can cancel at any time from your account settings. Cancellation takes effect at the end of the current billing cycle; you retain access until then. We do not provide pro-rated refunds for the unused portion of a paid cycle, except where required by law or at our discretion in exceptional circumstances.

4.6 Failed payments

If a payment fails, we will attempt to retry the charge over a short period. After several failed attempts, we may suspend your access until payment is resolved, and may downgrade or delete an account that remains unpaid.

You agree not to:

• Use CrystalMark for any unlawful purpose
• Reverse-engineer, decompile, or attempt to extract the source code of the service
• Scrape, copy, or systematically download data except as expressly permitted (e.g., the export functions we provide)
• Use the service to harass, intimidate, or threaten any USPTO examiner or other individual
• Resell, redistribute, or otherwise commercially exploit the service or its data outputs without a separate written agreement
• Bypass or interfere with security features, rate limits, or access controls
• Probe, scan, or test the vulnerability of any system we operate, except under a coordinated-disclosure program if we offer one
• Use bots or automated tools to access the service except through our documented APIs, when offered
• Submit false information at signup or impersonate another person or firm
• Use the service in any way that violates U.S. export controls or sanctions

We may suspend or terminate your account if you violate this section. Severe or repeated violations may result in permanent termination without refund.

5.1 Specific note on examiner data

The information we publish about USPTO examiners is derived from public records and concerns those individuals only in their official capacity as federal employees. You may use this data for legitimate professional purposes including prosecution strategy, client advisement, and academic research. You may not use it to harass, dox, or otherwise target USPTO personnel personally.

6.1 Our IP

The CrystalMark service, including the design, code, documentation, branding, statistical methodologies, and analytics outputs, is owned by us and protected by U.S. and international law. Except for the limited license in §6.3, we reserve all rights.

6.2 USPTO data

The underlying USPTO records (examiner names, office actions, registrations, TTAB filings) are public records; we do not claim ownership of the raw USPTO data. Our intellectual property covers our analysis, classification, aggregation, presentation, and derived statistics of that data.

6.3 Your license to use the service

Subject to these Terms and timely payment of subscription fees, we grant you a non-exclusive, non-transferable, revocable license to access and use CrystalMark for your internal professional use. This license terminates when your subscription ends or your account is terminated.

6.4 Your data

You retain all rights to the information you submit (your name, email, firm affiliation, account settings). By using the service, you grant us a limited license to use that information to operate and improve the service, and for the other limited purposes set out in our Privacy Policy, which is the controlling description of what we do with your information. We do not sell it.

6.5 Feedback

If you send us feedback or suggestions, you grant us the right to use them without restriction or compensation to you.

CrystalMark relies on third-party infrastructure (hosting, database, error tracking, email delivery, payment processing), each subject to its own terms. While we choose providers carefully, we are not responsible for service interruptions or data incidents originating from a third-party provider beyond what the law requires of us. A current list of sub-processors is in our Privacy Policy.

CrystalMark is provided "as is" and "as available." We make no warranties, express or implied, including that:

• The analytics will be accurate, complete, or up-to-date in every respect. Our methodology has known caveats, documented at crystalmark.app/methodology (e.g., the §66(a) Madrid coverage gap, the pre-2007 cutoff).
• The service will be uninterrupted, error-free, or secure against every threat.
• The service will meet any particular need or produce any particular outcome.

Docket dates are computed, not filed. Every stage, window, and date that CrystalMark computes for an application is derived by software from USPTO records as CrystalMark last read them. It is not an entry in any USPTO record and it is not a docket of record. A date you enter yourself is marked as yours and is not checked against any USPTO record. You are responsible for verifying every date against the USPTO's own records and the governing rules before relying on it, and for keeping your own docketing system. CrystalMark does not monitor deadlines on your behalf and does not notify you when a deadline is missed.

We do not guarantee any date. We do not warrant that a computed date is correct, that a record was read on the day the USPTO published it, or that a stage reflects every event in the application's file. A USPTO record may be published late, corrected, or withdrawn; a rule may change; our reading of a record may be wrong. A date that is missing, late, or incorrect on CrystalMark is not a basis for any claim against us, and we are not liable for any loss arising from a filing that was made, delayed, or omitted in reliance on a date shown by the service.

CrystalMark is not legal advice. The analytics are research-grade information about historical examiner behavior. They are not predictions of how a specific case will be decided, and are not a substitute for the professional judgment of a licensed attorney.

To the maximum extent permitted by applicable law:

• We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, or lost opportunity, arising from your use of CrystalMark.
• Our total cumulative liability for any claim arising from or related to the service is limited to the amount you paid us in the 12 months immediately preceding the event giving rise to the claim, or $100, whichever is greater.

Some jurisdictions do not allow certain limitations of liability. To the extent prohibited, the limitations above do not apply, and our liability is limited to the maximum extent allowed.

You agree to defend, indemnify, and hold harmless CrystalMark and its officers, directors, employees, and agents from any claim, damages, or expense (including reasonable attorneys' fees) arising from:

• Your use of the service in violation of these Terms
• Your violation of any law or third-party right
• Actions taken by anyone you allowed to access your account

11.1 By you

You may terminate your account at any time from account settings or by emailing support@crystalmark.app. Termination cancels future billing; it does not entitle you to a refund for the current cycle.

11.2 By us

We may suspend or terminate your account if:

• You violate these Terms
• Your payment fails and is not resolved (§4.6)
• You use the service in a way that creates legal, security, or reputational risk for us
• We discontinue the service (we will give at least 30 days' notice except in an emergency)

11.3 Effect of termination

When your account is terminated, your access ends and we delete your personal information per our Privacy Policy retention schedule. Sections 6 (IP), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 12 (Governing Law), and 13 (Miscellaneous) survive.

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws principles.

Informal resolution first. Most concerns can be resolved quickly. Before filing a formal dispute, email support@crystalmark.app with the details and we will try to resolve it.

Binding arbitration. If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the service will be resolved by binding arbitration on an individual basis, rather than in court, except that either party may bring an individual claim in small-claims court. Arbitration will be administered by a recognized arbitration provider under its rules, seated in North Carolina.

Class-action waiver. You and we agree to bring claims only in an individual capacity, not as a plaintiff or class member in any class or representative proceeding. The arbitrator may not consolidate more than one person's claims.

Jury-trial waiver. You and we each waive any right to a jury trial. If the class-action waiver is held unenforceable, the remainder of this section survives and the dispute proceeds in the state or federal courts located in North Carolina.

13.1 Entire agreement

These Terms, together with our Privacy Policy and any other terms referenced from your account or pricing page, constitute the entire agreement between you and us about CrystalMark.

13.2 Changes to these Terms

We may update these Terms from time to time. The "Last updated" date reflects the most recent revision. Material changes will be announced via email or in-app notice at least 14 days before they take effect. Continued use after changes take effect constitutes acceptance.

13.3 Assignment

You may not assign or transfer your rights under these Terms. We may assign our rights to an affiliate or in connection with a merger, acquisition, or sale of assets.

13.4 No waiver

Our failure to enforce any provision is not a waiver of that provision.

13.5 Severability

If any provision is held invalid or unenforceable, the rest remain in effect.

13.6 Notices

We may send notices to the email address on your account. You should send notices to us at support@crystalmark.app, or by mail to Schwartz Software Solutions LLC, 6100 Fairview Rd, Ste 1135, Charlotte, NC 28210.

support@crystalmark.app