Terms of use — Trademark Almanac

1. What this is, and your license.

Trademark Almanac is software for keeping track of trademarks and the dates the United States Patent and Trademark Office's rules attach to them. Upper Tail Software LLC ("Upper Tail") grants you a limited, non-transferable license to use the app on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions. The app may also be accessed, acquired and used by other accounts associated with you through Family Sharing, volume purchasing or Legacy Contacts, where Apple makes those available.

2. Not legal advice.

The app is not legal advice. Using it does not create an attorney-client relationship, and does not create a professional relationship of any kind, between you and Upper Tail or between you and any person associated with it. It does not tell you whether to file anything, whether a filing will be accepted, whether a photograph shows a mark in use, or what to do about your marks. It states what the USPTO's published rules say happens on which date, and it shows its arithmetic.

3. Your portfolio is yours, and keeping it is up to you.

You own what you enter and add. You are responsible for what you enter, for checking it against the USPTO's own records, and for keeping your own copies.

We hold no copy of your portfolio and cannot recover it. The app stores your portfolio on your devices and, if you use iCloud, in your own iCloud account, which Apple holds under Apple's terms. There is no account with us and no server of ours that holds your data, so if your devices are lost, wiped or replaced and iCloud has no copy, the portfolio is gone and nobody, including us, can restore it for you.

The way to keep your own copy is to export. The app exports your deadlines as PDF, CSV and calendar files, and your photographs as image files, that you choose where to send. We recommend doing that regularly, and we cannot do it for you.

4. What the app does not do.

It does not file anything with the USPTO. It does not clear marks or say whether one can be registered, and it does not watch for anyone else's filings. It does not verify anything you enter by hand. It relies on the USPTO's public record for the marks you add by number, and that record can be late, incomplete or wrong; the app shows what the record says and when it last checked. A missed reminder, a wrong date or a record the app could not fetch does not excuse a missed filing, and you should verify every date that matters against the USPTO's own records before relying on it.

5. Free period and subscriptions.

When you first open your own portfolio you get 14 days of full access at no charge. No payment method is needed and nothing is charged. The free period is counted by the app on your devices and is not a subscription.

After that, continued full access is by auto-renewing annual subscription, charged to your Apple Account when you choose to subscribe: Owner, at $34.99 per year, for up to ten marks; or Practice, at $149.99 per year, without a limit and with the docket report and the export formats. Each renews automatically unless canceled at least 24 hours before the end of the current period. Manage or cancel it in your Apple Account settings. If you do not subscribe, your portfolio stays readable and exportable; adding and changing marks, checking the USPTO and reminders stop.

6. No warranty.

The app is provided as is. Upper Tail does not warrant that it is error-free or that it will meet your requirements. To the extent any warranty cannot be disclaimed, Upper Tail, and not Apple, is solely responsible for it.

If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation of any kind with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are Upper Tail's sole responsibility.

7. Limitation of liability.

To the fullest extent permitted by law:

(a) Upper Tail is not liable for any indirect, incidental, special, consequential or punitive damages, or for any lost profits, lost revenue, lost business, loss of any trademark right or registration, or loss of or damage to data, arising out of or relating to the app or these terms, whether in contract, tort or otherwise, and whether or not Upper Tail has been advised that such damages are possible.

(b) Upper Tail's total liability for all claims arising out of or relating to the app or these terms will not exceed the amounts you paid to Upper Tail in the twelve months before the event giving rise to the claim.

(c) Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law.

(d) These limits apply even if a remedy stated in these terms fails of its essential purpose.

(e) Any claim arising out of or relating to the app or these terms must be brought within one year of the event giving rise to it, except where a longer period is required by law.

8. How this license ends.

You may end it at any time by deleting the app from your devices.

If you materially breach these terms, your license ends and you must stop using the app and remove it. Be clear about what that means in practice: the only thing of ours the app talks to is the relay that fetches public USPTO records, which holds no data of yours and has no control over your copy of the app, so the end of your license is a legal consequence and not something Upper Tail can bring about by switching anything off.

Letting your subscription lapse is not a breach and does not end your license. If you stop paying, your portfolio stays readable and fully exportable, and it stays that way for as long as you keep the app. Only adding and changing marks, checking the USPTO and reminders stop.

If Upper Tail stops publishing the app, stops supporting it, stops running the relay, or ceases business, a copy already installed continues to work with what it holds; looking up new marks and refreshing records through the relay would stop, and the app lets you use your own USPTO key instead. Upper Tail does not undertake to provide updates, and an app that stops being updated may eventually cease to work on a future version of iOS, iPadOS or macOS.

9. Governing law and where disputes are heard.

These terms are governed by the laws of the State of Oregon, without regard to its conflict-of-laws rules. You and Upper Tail agree that the state and federal courts sitting in Jackson County, Oregon have exclusive jurisdiction over any dispute arising out of or relating to the app or these terms.

Nothing in this clause deprives you of the protection of any mandatory law of the place where you live, or of any right you have under that law to bring proceedings there.

10. Changes to these terms.

If these terms change, the new version will be published with a new date and will be the version supplied with the app from that point.

A change binds you when you accept it: for a new customer, when you first set up your own portfolio; for an existing customer, on the first launch after an app update that carries the new version, when the app asks you to acknowledge it. The app records which version you acknowledged and when.

Because the app has no account with us, Upper Tail cannot deliver revised terms to a copy that is never updated. If you do not update the app, the version you acknowledged continues to govern your use of that copy.

11. Severability.

If any provision of these terms is held invalid, illegal or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remainder of these terms will continue in full force. This clause does not apply to clause 13, which is required by Apple.

12. Contact.

Questions, complaints and claims about the app should be directed to:

13. Apple.

The following apply because the app is distributed through the App Store.

(a) This agreement is with us, not Apple. You and Upper Tail acknowledge that these terms are concluded between you and Upper Tail only, and not with Apple, and that Upper Tail, not Apple, is solely responsible for the app and its content. Nothing in these terms provides usage rules for the app that conflict with the Apple Media Services Terms and Conditions.

(b) Maintenance and support. Upper Tail is solely responsible for providing any maintenance and support services for the app, as specified in these terms or as required by law. You and Upper Tail acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services for the app.

(c) Product claims. You and Upper Tail acknowledge that Upper Tail, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including but not limited to (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. These terms do not limit Upper Tail's liability to you beyond what is permitted by applicable law.

(d) Intellectual property. You and Upper Tail acknowledge that, in the event of any third-party claim that the app, or your possession and use of it, infringes that third party's intellectual property rights, Upper Tail, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of that claim.

(e) Legal compliance. You represent and warrant that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(f) Third-party terms. You must comply with any applicable third-party terms of agreement when using the app, for example the terms of your wireless data service agreement.

(g) Apple as third-party beneficiary. You and Upper Tail acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these terms, and that upon your acceptance of these terms Apple will have the right, and will be deemed to have accepted the right, to enforce these terms against you as a third-party beneficiary of them.