Terms of Service

Acceptance of Terms

By accessing our website, booking a consultation, or engaging our services, you represent that:

• You are at least 18 years of age and have the legal capacity to enter into a binding agreement
• If acting on behalf of an organization, you have the authority to bind that organization to these Terms
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy
• You will use our services only for lawful purposes consistent with all applicable laws and regulations

Description of Services

LitigateIQ provides specialized patent and intellectual property services to legal professionals, corporations, inventors, and IP stakeholders, including but not limited to:

• SEP (Standard-Essential Patent) Analysis: Identification, analysis, and FRAND compliance assessment of standard-essential patents across major technology standards
• Evidence of Use (EoU) / Claim Charting: Element-by-element claim charts mapping patent claims to products, standards, or processes for licensing, litigation, or ITC proceedings
• Patent Drafting: Preparation of patent specifications, claims, and supporting documentation for filing with patent offices globally
• Portfolio Management: Strategic analysis, tiering, maintenance recommendations, and monetization strategies for IP portfolios
• Invalidity / Prior Art Analysis: Prior art searches, invalidity contentions, and prosecution history analysis for litigation or licensing defense
• Consulting and Strategy: IP strategy consultation, freedom-to-operate opinions, and licensing negotiation support

The scope, deliverables, timelines, and fees for each engagement are set forth in a separate Statement of Work (“SOW”) or engagement letter agreed upon in writing prior to commencement of work.

Client Obligations

To enable us to deliver high-quality services, you agree to:

• Provide accurate, complete, and timely information and materials necessary for the engagement
• Designate a primary point of contact with appropriate authority to provide instructions and approvals
• Review and provide feedback on draft deliverables within agreed timelines
• Notify us promptly of any changes in scope, deadlines, or instructions
• Not use our work product for any purpose not expressly authorized in your engagement agreement
• Comply with all applicable laws, including export control regulations when sharing materials involving foreign patents or technology
• Make timely payment of all fees as set forth in your engagement agreement

Intellectual Property

Client materials: All patents, invention disclosures, and materials provided by you remain your sole property. We obtain no ownership rights in your IP through the provision of our services.

Work product: Upon full payment of all fees, all custom deliverables created for your engagement (claim charts, analysis reports, drafted patent applications, etc.) become your property as specified in your engagement agreement.

LitigateIQ IP: Our methodologies, templates, internal tools, processes, software, and systems remain our exclusive intellectual property. No license to our proprietary methods is granted by these Terms.

Website content: All content on the LitigateIQ website, including text, graphics, logos, and design, is owned by LitigateIQ and protected by applicable intellectual property laws. Reproduction, distribution, or modification without our prior written consent is prohibited.

Confidentiality

We treat all client engagements as strictly confidential. Our confidentiality obligations include:

• Not disclosing any client information, patent strategies, matter details, or work product to any third party without written authorization
• Limiting internal access to client materials on a need-to-know basis
• Using client information solely for the purpose of performing the agreed services
• Maintaining confidentiality obligations that survive termination of the engagement

For engagements requiring a formal Non-Disclosure Agreement, please see our NDA / Confidentiality page. We are happy to execute a mutual NDA before any substantive discussion of your matter.

Fees and Payment

Fee structures are agreed upon in advance and set forth in your engagement agreement or Statement of Work:

• Project-based fees: Fixed fee engagements must be paid per the milestones or schedule specified in the SOW
• Retainer arrangements: Monthly retainers are invoiced in advance and due within 15 days of invoice
• Hourly arrangements: Invoiced monthly in arrears, due within 30 days of invoice

Late payments accrue interest at 1.5% per month (or the maximum permitted by law, whichever is lower). We reserve the right to suspend services on accounts more than 30 days past due, and to pursue recovery of outstanding amounts including reasonable legal fees.

All fees are exclusive of applicable taxes. Clients are responsible for any withholding taxes, VAT, GST, or similar obligations in their jurisdiction.

Warranties and Zero-Hallucination Guarantee

LitigateIQ warrants that:

• All work product is prepared by qualified patent professionals with relevant technical expertise
• Our AI-assisted research outputs are reviewed and verified by human experts before delivery
• Deliverables will conform to the specifications set forth in the applicable SOW
• We will perform services with reasonable professional care and skill

Zero-Hallucination Guarantee: We warrant that all factual claims in our deliverables (patent citations, claim element mappings, prior art references, and technical specifications) are verified against primary sources before delivery. If you identify a verifiable factual error in a delivered work product, we will correct it at no additional charge.

These warranties do not guarantee specific legal outcomes, patent grant decisions by patent offices, or success in litigation or licensing negotiations, as such outcomes depend on many factors outside our control.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

• Our total aggregate liability for any claims arising from or related to our services shall not exceed the total fees paid by you in the six (6) months preceding the event giving rise to the claim
• We shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, loss of data, or business interruption, even if advised of the possibility of such damages
• We are not liable for outcomes of patent office decisions, court rulings, licensing negotiations, or business decisions made in reliance on our analysis
• Our liability for any claim shall be further limited as specified in your engagement agreement

Nothing in these Terms limits liability for gross negligence, willful misconduct, fraud, or any other liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless LitigateIQ and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to:

• Your use of our website or services
• Any materials, information, or instructions you provide to us in connection with an engagement
• Your breach of these Terms
• Your violation of any applicable law or regulation

Termination

Either party may terminate an engagement in accordance with the terms set forth in the applicable engagement agreement or SOW. Upon termination:

• You remain responsible for payment of all fees and expenses incurred prior to termination
• We will return or securely destroy your confidential materials in accordance with our confidentiality obligations
• Provisions relating to confidentiality, intellectual property, limitation of liability, indemnification, and dispute resolution survive termination

We reserve the right to suspend or terminate access to our website for conduct that violates these Terms, infringes intellectual property, or poses a security or legal risk.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

Any dispute, controversy, or claim arising out of or relating to these Terms or our services shall first be addressed through good-faith negotiation. If the dispute cannot be resolved through negotiation within sixty (60) days, either party may pursue resolution through binding arbitration in Delaware in accordance with the rules of the American Arbitration Association.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect confidential information or intellectual property rights.

Changes to These Terms

We may update these Terms from time to time. The most current version will be posted on our website with the “Last Updated” date. Your continued use of our website or services after any changes constitutes acceptance of the revised Terms.

Contact Us

If you have any questions about these Terms, please contact us at contact@litigateiq.org.