TERMS OF SERVICE
Last Updated: February 14, 2026
Introduction
Welcome to patentsunset.com ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your use of our web pages located at https://patentsunset.com and the patent expiration date lookup service provided therein.
PLEASE READ THESE TERMS CAREFULLY. By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information. Please read it at https://patentsunset.com/privacy.
Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood the Agreements and agree to be bound by them.
If you do not agree with (or cannot comply with) the Agreements, you may not use the Service. Please contact us at support@patentsunset.com if you have questions or concerns.
These Terms apply to all visitors, users, and others who access or use the Service.
Patent Information Disclaimer
CRITICAL: READ THIS SECTION CAREFULLY
Informational Purposes Only
The patent expiration date information provided by patentsunset.com is for informational and entertainment purposes only. The Service provides estimated patent expiration dates based on available data and calculations, but these estimates:
- Are NOT guarantees of actual patent expiration dates
- Should NOT be relied upon for legal, business, licensing, or commercial decisions
- May contain errors, inaccuracies, or omissions
- May be based on incomplete, outdated, or incorrect source data
- Do not constitute legal advice or professional patent analysis
No Legal or Professional Advice
patentsunset.com does NOT provide legal advice, patent prosecution services, or professional patent analysis. The Service is not a substitute for consultation with a qualified patent attorney or patent professional.
For any legal, business, or commercial purposes related to patents, you MUST:
- Consult with a licensed patent attorney or patent agent
- Conduct independent research and verification
- Review official USPTO records and documentation
- Obtain professional legal advice specific to your situation
No Warranty of Accuracy
We make NO WARRANTY, express or implied, regarding:
- The accuracy, completeness, or reliability of patent expiration dates
- The timeliness or currency of patent data
- The applicability of calculated dates to your specific needs
- The legal status or validity of any patent
Patent expiration dates can be affected by numerous factors including but not limited to:
- Terminal disclaimers
- Patent term adjustments (PTA)
- Patent term extensions (PTE)
- Regulatory exclusivities
- Maintenance fee payments or failures
- Reissue patents
- Continuation applications
- International treaty obligations
- USPTO corrections or amendments
- Litigation or post-grant proceedings
We do not account for all possible variables affecting patent term.
Data Sources and Calculation Methodology
Patent data is obtained from public sources including but not limited to:
- United States Patent and Trademark Office (USPTO) Office of Data and Policy (ODP) API
- PatentsView PatentSearch API
- Other USPTO databases and publicly available information
Our calculation methodology is based on the USPTO Patent Term Calculator and the USPTO's "Guide to Locating Information Required for Estimating a Patent Term Expiration Date" (available at https://www.uspto.gov/patents/laws/patent-term-calculator).
Government Affiliation Disclaimer:
patentsunset.com is not affiliated with, endorsed by, sponsored by, or otherwise associated with the United States Patent and Trademark Office (USPTO), the United States Department of Commerce, or any other United States government agency or department. This is an independent, privately operated service. Any reference to the USPTO, its data sources, APIs, databases, or methodologies is for informational and attribution purposes only and does not imply any official relationship, endorsement, approval, or authorization. The USPTO has not reviewed, approved, or endorsed this Service or its contents.
Important Limitations:
- We rely on third-party data sources over which we have no control
- Source data may be incomplete, outdated, delayed, or incorrect
- API data may not reflect the most current USPTO records
- We are not responsible for errors, omissions, or inaccuracies in source data
- Manual verification with official USPTO records is always recommended
- Our calculations are estimates based on available data and established formulas
- We cannot guarantee that our methodology accounts for all edge cases or special circumstances
User Responsibility
BY USING THIS SERVICE, YOU ACKNOWLEDGE AND AGREE THAT:
- You use all patent expiration date information at your own risk
- You will not rely on our Service for legal or business decisions
- You will independently verify all information before taking any action
- You assume all risk associated with use of the information provided
- We have no liability for your use or reliance on the information provided
- You will conduct your own independent investigation and due diligence
- You will consult with qualified professionals before making any decisions
- No representation, warranty, or statement made by us creates any duty or obligation to you
- You waive any claim based on reliance, negligent misrepresentation, or professional negligence
No Attorney-Client or Advisory Relationship
CRITICALLY IMPORTANT: Your use of this Service does NOT create:
- An attorney-client relationship
- A professional advisory relationship
- A fiduciary duty
- Any duty of care beyond providing the Service on an "AS IS" basis
- Any obligation to provide accurate, complete, or updated information
We are not your patent attorney, business advisor, or professional consultant. We provide a software tool only.
Service Description
patentsunset.com provides a web-based service that allows users to:
- Search for patents by patent number
- Receive estimated expiration dates for patents
- Access related patent information (as available)
The Service may include both free and paid/premium subscription tiers with varying features and access levels.
Usage Limits and Rate Limiting
We reserve the right to implement, modify, or remove usage limits and rate limiting at our sole discretion, including but not limited to:
- Number of searches per time period
- API request limits
- Data access restrictions
- Feature availability by subscription tier
Usage limits may differ between free and paid/premium subscription tiers and may be changed at any time without prior notice. Excessive use, automated queries, or abuse of the Service may result in temporary or permanent suspension of access.
Eligibility and Geographic Restrictions
Age Requirement
The Service is intended only for individuals at least eighteen (18) years old. By using the Service, you represent and warrant that you are at least 18 years of age and legally able to enter into this agreement.
United States Residents Only
IMPORTANT: This Service is intended solely for use by persons physically located in the United States of America and subject to United States jurisdiction.
By using this Service, you represent and warrant that:
- You are currently physically located in the United States
- You are a United States resident or lawfully present in the United States
- You will only access and use the Service while physically located in the United States
- You are subject to United States law and jurisdiction
If you are located outside the United States, you may NOT use this Service.
We make no representation that the Service is appropriate, lawful, or available for use outside the United States. Accessing the Service from territories where its contents are illegal or restricted is prohibited.
Export Control Compliance
This Service and the information it provides may be subject to United States export control laws and regulations, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR).
You agree that you will NOT:
- Export, re-export, or transfer any data or information obtained from the Service in violation of U.S. export laws
- Access the Service from any country subject to U.S. embargo or trade sanctions
- Use the Service if you are on any U.S. government restricted parties list (including the Denied Persons List, Entity List, or Specially Designated Nationals List)
- Provide access to the Service to any restricted or prohibited parties
Patent information obtained from this Service relates to United States patents only and is governed by United States patent law. We provide no information, warranty, or guidance regarding international patent rights, foreign patent systems, or Patent Cooperation Treaty (PCT) applications.
International Use Disclaimer and Waiver
We expressly disclaim all liability for:
- Use of the Service from outside the United States
- Violations of foreign laws, regulations, or data protection requirements
- International intellectual property disputes
- Conflicts between U.S. patent information and foreign patent systems
- Any damages arising from international use of the Service
You use this Service outside the United States entirely at your own risk and in violation of these Terms.
Acknowledgment and Waiver by Non-U.S. Users
IF YOU ACCESS OR USE THIS SERVICE FROM OUTSIDE THE UNITED STATES, YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND IRREVOCABLY AGREE TO THE FOLLOWING:
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Data Protection Waiver: Your personal data and information may be collected, processed, stored, transferred, and handled using systems, methods, and standards that do not comply with the data protection, data privacy, or information security laws, regulations, or requirements of your country, territory, or jurisdiction of residence, including but not limited to the European Union's General Data Protection Regulation (GDPR), the UK Data Protection Act, Brazil's Lei Geral de Proteção de Dados (LGPD), Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), Australia's Privacy Act, or any similar legislation worldwide.
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Express Waiver of Foreign Legal Rights: By continuing to access or use this Service from outside the United States, you knowingly, voluntarily, and irrevocably waive, relinquish, and forfeit any and all rights, protections, remedies, causes of action, or legal recourse available to you under the laws, statutes, regulations, ordinances, or legal frameworks of your country, state, province, territory, or jurisdiction of residence, including without limitation any rights under data protection laws, consumer protection laws, privacy laws, or international treaty obligations.
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Hold Harmless and Release: You unconditionally and irrevocably agree to release, discharge, indemnify, defend, and hold harmless patentsunset.com, its owners, shareholders, members, managers, affiliates, subsidiaries, parent companies, officers, directors, employees, agents, contractors, successors, assigns, investors, partners, licensors, and all related parties (collectively, the "Released Parties") from any and all claims, demands, damages, liabilities, losses, costs, expenses (including attorneys' fees and costs), causes of action, suits, proceedings, judgments, or obligations of any kind or nature whatsoever, whether known or unknown, foreseen or unforeseen, arising out of or in any way connected with:
- Your access to or use of the Service from outside the United States
- Our collection, processing, storage, transfer, or handling of your data
- Any alleged violation of your local, national, regional, or international data protection, privacy, consumer protection, or other laws
- Any failure by us to comply with legal obligations imposed by jurisdictions outside the United States
- Any dispute, controversy, or claim arising under or relating to laws other than those of the United States
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Covenant Not to Sue: You irrevocably covenant and agree that you will never, at any time, institute, maintain, support, assist, or participate in any lawsuit, class action lawsuit, class-wide arbitration, collective action, mass action, representative action, administrative proceeding, regulatory complaint, governmental investigation, criminal prosecution, or any other legal, quasi-legal, or equitable proceeding of any kind against any of the Released Parties in any jurisdiction, court, tribunal, arbitral forum, administrative body, regulatory agency, or governmental authority worldwide, for any reason whatsoever arising out of or relating to your use of the Service, regardless of the legal theory, basis, or cause of action.
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Exclusive U.S. Jurisdiction and Law: Notwithstanding your physical location or country of residence, you irrevocably submit to the exclusive jurisdiction of the courts of the State of California and the United States federal courts located in San Francisco County, California, for any and all disputes. You irrevocably consent to personal jurisdiction and venue in such courts. You agree that California law and U.S. federal law exclusively govern your access to and use of the Service, without regard to conflict of laws principles or the United Nations Convention on Contracts for the International Sale of Goods. You expressly waive any rights under the laws of your country of residence and agree that no other jurisdiction's laws apply.
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Waiver of Unknown Claims: You expressly waive the benefits of Section 1542 of the California Civil Code (and any similar provision of law in any other jurisdiction), which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You acknowledge that you may later discover claims or facts that are currently unknown or unsuspected, and you nevertheless waive any such claims.
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Assumption of All Risk: You voluntarily assume all risks, known and unknown, associated with accessing the Service from outside the United States, including risks related to data protection violations, regulatory penalties, civil liability, criminal liability, or any other consequences arising from such access.
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No Liability for Violations of Foreign Law: You acknowledge and agree that the Released Parties shall have absolutely no liability to you, and you shall have no claim against the Released Parties, for any violations of laws, regulations, or legal requirements applicable in your jurisdiction, including but not limited to violations of data protection laws, privacy laws, consumer protection laws, electronic commerce laws, or any other applicable laws. You further agree that any such violations, whether actual or alleged, shall not constitute a breach of these Terms, a breach of any duty owed to you, or grounds for any claim or cause of action whatsoever.
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Attorneys' Fees and Costs - Breach-Based Liability: You acknowledge and agree that your access to and use of this Service from outside the United States constitutes a knowing, material, and continuing breach of these Terms. By initiating, maintaining, participating in, or supporting any dispute, claim, lawsuit, arbitration, administrative proceeding, regulatory complaint, governmental investigation, or any other legal or quasi-legal proceeding of any kind against any of the Released Parties (collectively, "Proceedings"), while you are in breach of the geographic restrictions set forth in these Terms, you agree to the following:
(a) Breach-Based Indemnification: Because your Proceedings arise from, relate to, or are connected with your unauthorized access to the Service from outside the United States—which itself constitutes a material breach—you agree to indemnify, defend, and hold harmless the Released Parties for ALL costs, expenses, damages, losses, and liabilities incurred by the Released Parties in connection with such Proceedings, including but not limited to: (i) attorneys' fees and costs (including fees of multiple counsel if required), (ii) expert witness fees and costs, (iii) court costs and filing fees, (iv) arbitration fees and administrative costs, (v) costs of investigation and discovery, (vi) costs of appeal, and (vii) costs of enforcement of this provision. This indemnification obligation applies regardless of the outcome of such Proceedings, as the obligation arises from your underlying breach, not from the merits of your claims.
(b) Prevailing Party Fee-Shifting: In addition to and without limiting the breach-based indemnification set forth above, if any Proceedings are resolved in favor of any of the Released Parties (whether by judgment, arbitration award, dismissal, or settlement), you agree to pay all attorneys' fees, costs, and expenses incurred by the prevailing Released Parties, including without limitation costs of appeal and costs of enforcing any judgment or award.
(c) Liquidated Damages for Unauthorized Access: You further agree that the Released Parties' costs of defending Proceedings brought by users in violation of the geographic restrictions constitute liquidated damages for such breach, as the actual damages are difficult or impossible to calculate. You acknowledge that this liquidated damages provision is reasonable and proportionate to the anticipated harm.
(d) Joint and Several Liability: If multiple parties bring Proceedings against the Released Parties, and any such parties accessed the Service from outside the United States, such parties shall be jointly and severally liable for all fees, costs, and expenses incurred by the Released Parties.
(e) No Waiver: Our failure to immediately enforce this provision shall not constitute a waiver of our right to enforce it at any time. We reserve the right to seek payment of all fees, costs, and expenses at any time during or after the conclusion of any Proceedings.
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Knowing and Willful Breach: By accessing or using this Service from outside the United States after reading these Terms, you acknowledge that such access constitutes a knowing, willful, intentional, and material breach of these Terms. You agree that this knowing breach may subject you to injunctive relief, specific performance, and monetary damages (including but not limited to the fees and costs described above), and that such remedies may be sought by the Released Parties in any court of competent jurisdiction without the requirement of posting a bond.
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Binding Effect: These acknowledgments, waivers, releases, indemnifications, and covenants are binding upon you and your heirs, executors, administrators, successors, assigns, legal representatives, and all persons claiming by, through, or under you.
BY CONTINUING TO ACCESS OR USE THIS SERVICE FROM OUTSIDE THE UNITED STATES, YOU REPRESENT AND WARRANT THAT YOU HAVE CAREFULLY READ, FULLY UNDERSTAND, AND VOLUNTARILY AGREE TO ALL OF THE FOREGOING TERMS. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE ALL ACCESS TO AND USE OF THE SERVICE.
User Accounts
Account Creation
When creating an account, you represent and warrant that:
- All information you provide is accurate, current, and complete
- You will maintain and update your information to keep it accurate and current
Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access or security breach
We reserve the right to refuse service, terminate accounts, remove content, or cancel orders at our sole discretion.
Subscriptions and Billing
Subscription Plans
Some features of the Service are available on a subscription basis ("Subscription(s)"). We offer various subscription tiers with different features, limits, and pricing.
Billing
- Subscriptions are billed in advance on a recurring basis (monthly or as otherwise specified)
- Billing occurs automatically at the start of each billing cycle ("Billing Cycle")
- You must provide a valid payment method (credit card, PayPal, or other accepted methods)
- You authorize us to charge all Subscription fees to your payment method
- If automatic billing fails, we will issue an electronic invoice requiring manual payment within the specified deadline
Automatic Renewal
Your Subscription automatically renews at the end of each Billing Cycle under the same conditions unless:
- You cancel your Subscription before the renewal date, or
- We cancel your Subscription
You may cancel your Subscription at any time through your account settings or by contacting support@patentsunset.com.
Fee Changes and Pricing
We reserve the right to modify subscription fees, pricing tiers, features, and plan structures at our sole discretion.
- Fee changes take effect at the end of your current Billing Cycle
- We will provide reasonable advance notice of fee changes
- Continued use of the Service after fee changes become effective constitutes acceptance of the new fees
- We may introduce new subscription tiers, modify existing tiers, or discontinue tiers at any time
Refunds
ALL SUBSCRIPTION FEES ARE STRICTLY NON-REFUNDABLE UNDER ANY CIRCUMSTANCES.
Except as expressly required by applicable law, paid Subscription fees are non-refundable, and we do not provide refunds or credits for:
- Any partial subscription period
- Unused time on a Subscription
- Subscription downgrades or cancellations
- Dissatisfaction with the Service
- Inaccurate or incorrect patent information
- Service outages, downtime, or technical issues
- Changes to features, functionality, or pricing
- Account termination (whether by you or by us)
- Any other reason whatsoever
You acknowledge and agree that all sales are final. By purchasing a Subscription, you waive any right to a refund under any theory of law including breach of contract, fraud, misrepresentation, or unjust enrichment.
If you cancel your Subscription, you will continue to have access through the end of your current Billing Cycle, but no refund will be issued for the remaining time.
Content and User Conduct
User Content
You may post, share, or make available certain information, text, or other material ("Content") through the Service. You are solely responsible for all Content you post.
By posting Content, you represent and warrant that:
- You own the Content or have the right to use it
- The Content does not violate any third-party rights
- The Content complies with all applicable laws
You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your Content in connection with operating and improving the Service.
Prohibited Uses
You agree NOT to use the Service:
- In violation of any applicable law or regulation
- To infringe upon intellectual property or other rights of any party
- To transmit spam, junk mail, or unsolicited communications
- To impersonate any person or entity
- To harass, abuse, or harm others
- To distribute malware, viruses, or harmful code
- To interfere with or disrupt the Service or servers
- To use automated systems (bots, scrapers, robots) without authorization
- To attempt unauthorized access to the Service or related systems
- To launch denial-of-service attacks or similar attacks
- To reverse engineer or decompile any part of the Service
- To collect user information without consent
- To create derivative works based on the Service
- To use the Service for competitive analysis or to build competing products
- To resell, redistribute, or sublicense the Service without authorization
API Abuse Strictly Prohibited
Our API is NOT public and is NOT intended for direct public access or use.
You expressly agree that you will NOT:
- Discover, probe, scan, or reverse engineer our API endpoints
- Access our API directly through any means outside the provided user interface
- Attempt to bypass rate limits through API access
- Attempt to bypass subscription tiers or payment requirements through API access
- Use automated tools, scripts, or bots to interact with our API
- Monitor, scrape, or harvest data from our API
- Use our API for personal, educational, commercial, or any other purpose
- Share, publish, or distribute information about our API endpoints or structure
- Create tools, libraries, or applications that interact with our API
- Use any technology to intercept, decode, or monitor API communications
Exception: Legitimate search engine crawlers (e.g., Google, Bing) accessing public pages through standard HTTP methods are permitted.
Enforcement: Any unauthorized API access, discovery, or use constitutes:
- Material breach of these Terms
- Abuse of the Service
- Grounds for immediate account termination without refund
- Potential legal action including injunctive relief and damages
- Violation potentially subject to the Computer Fraud and Abuse Act (CFAA) and similar laws
We actively monitor for API abuse and reserve the right to pursue all legal remedies available, including but not limited to seeking injunctive relief, actual damages, statutory damages, and attorneys' fees against any party engaging in unauthorized API access or abuse.
Intellectual Property
Service Content
The Service and its original content (excluding user Content), features, and functionality are the exclusive property of patentsunset.com and its licensors. This includes but is not limited to:
- Software, algorithms, and calculation methodologies
- Website design, layout, and graphics
- Trademarks, service marks, and logos
- Text, images, and other materials
All content is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use in accordance with these Terms. This license does not include:
- Resale or commercial use of the Service
- Collection or use of patent data for commercial purposes
- Modification or derivative works based on the Service
- Downloading or copying of information for others
- Use of data mining, robots, or similar data gathering tools
Copyright Policy
We respect intellectual property rights. If you believe your copyrighted work has been infringed, email support@patentsunset.com with the subject line "Copyright Infringement" and include:
- Your electronic or physical signature
- A description of the copyrighted work
- The location of the infringing material
- Your contact information
- A statement of good faith belief that use is unauthorized
- A statement under penalty of perjury that your notice is accurate
Third-Party Services
We use third-party service providers for various functions including:
- Clerk - Authentication and user management (https://clerk.com/legal/privacy)
- Stripe - Payment processing and subscription management (https://stripe.com/privacy)
- Google Analytics - Usage analytics — Privacy Policy · Data Processing Terms
- PostHog Cloud - Product analytics (https://posthog.com/privacy)
These third parties have their own terms and privacy policies. We are not responsible for their practices or content.
The Service may contain links to third-party websites. We do not control and are not responsible for the content, privacy policies, or practices of third-party sites.
Disclaimers
AS-IS Service
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
We disclaim all warranties, including but not limited to:
- Warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy, reliability, or completeness of information
- Uninterrupted or error-free operation
- Freedom from viruses or harmful components
- Results obtained from use of the Service
No Guarantee of Availability
We do not guarantee that the Service will be available at all times or that it will be free from errors, bugs, or interruptions. We may modify, suspend, or discontinue the Service at any time without notice or liability.
Patent Data Disclaimer
We make no representations or warranties regarding:
- The accuracy of patent expiration dates
- The completeness of patent data
- The legal status of any patent
- The applicability of information to your specific situation
Third-Party Data
We rely on third-party data sources and are not responsible for errors, omissions, or inaccuracies in such data.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
No Consequential Damages
PATENTSUNSET.COM AND ALL INDEMNIFIED PARTIES (INCLUDING BUT NOT LIMITED TO ITS OWNERS, SHAREHOLDERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS) SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Business interruption or loss of use
- Costs of substitute services
- Damages arising from:
- Use or inability to use the Service
- Reliance on patent expiration date information
- Legal, business, or commercial decisions based on Service information
- Errors, omissions, or inaccuracies in patent data
- Unauthorized access to your data
- Third-party conduct or content
Liability Cap
IF WE ARE FOUND LIABLE FOR ANY DAMAGES, OUR TOTAL LIABILITY SHALL BE LIMITED AS FOLLOWS:
- For free tier users (users who have never made any payment to patentsunset.com): $0 USD
- For paid users: The lesser of (a) $100 USD, or (b) the total amount you actually paid to patentsunset.com in the 12 months immediately preceding the event giving rise to the claim
This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and applies even if we have been advised of the possibility of such damages.
You acknowledge that free users receive the Service without charge and therefore accept all risk associated with its use. The Service is provided to free users on an "AS IS" basis with absolutely no warranty or liability.
Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
Basis of the Bargain
You acknowledge that the fees charged reflect the allocation of risk set forth in these Terms and that we would not enter into these Terms without these limitations.
Indemnification
You agree to indemnify, defend, and hold harmless patentsunset.com, its owners, shareholders, members, managers, parents, subsidiaries, affiliates, officers, directors, employees, agents, contractors, partners, licensors, service providers, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees, expert witness fees, and court costs) arising from or relating to:
- Your use or misuse of the Service
- Your violation of these Terms
- Your violation of any third-party rights, including without limitation any intellectual property rights, privacy rights, or contractual rights
- Your Content or any information you submit, post, or transmit through the Service
- Your reliance on patent expiration date information provided by the Service
- Any legal, business, commercial, licensing, or investment decisions you make based on information from the Service
- Any losses or damages you incur due to inaccurate, incomplete, or outdated patent information
- Any failure to independently verify patent information with the USPTO or qualified patent counsel
- Any claim that your use of the Service caused damage to a third party
- Your breach of any representation, warranty, or covenant in these Terms
- Your unauthorized access to or use of our API
- Your attempts to reverse engineer, probe, or discover our API endpoints
- Your circumvention or attempted circumvention of rate limits, subscription tiers, or payment requirements
- Any negligent or wrongful conduct by you or anyone using your account
- Any violation of applicable laws or regulations through your use of the Service
Defense and Settlement
You agree to cooperate fully with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree not to settle any such matter without our prior written consent.
Enhanced Obligations for International Users
For users accessing the Service from outside the United States in violation of the geographic restrictions set forth in Section "Eligibility and Geographic Restrictions," your indemnification obligations are enhanced and governed by the provisions set forth in the subsection "Attorneys' Fees and Costs - Breach-Based Liability" within the "Acknowledgment and Waiver by Non-U.S. Users" section. Such enhanced obligations include indemnification for defense costs regardless of the outcome of any Proceedings, as such obligations arise from your knowing and material breach of these Terms.
Survival
This indemnification obligation survives termination of these Terms, closure of your account, and your cessation of use of the Service. Your indemnification obligations under this section will continue for the maximum period permitted by applicable law.
Termination
Termination by Us
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:
- Breach of these Terms
- Fraudulent or illegal activity
- Non-payment of fees
- Excessive or abusive use
- At our sole discretion
Termination by You
You may terminate your account at any time by:
- Canceling your Subscription through account settings, or
- Contacting support@patentsunset.com
Effects of Termination
Upon termination:
- Your right to use the Service immediately ceases
- You remain liable for all fees incurred prior to termination
- No refunds will be provided for partial billing periods
- We may delete your account and data
- Sections of these Terms that by their nature should survive will remain in effect
Survival
The following sections survive termination: Patent Information Disclaimer, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.
Governing Law and Dispute Resolution
Governing Law
These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
Mandatory Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Agreement to Arbitrate: You and patentsunset.com agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your use of the Service (collectively, "Disputes") will be settled by binding arbitration, except that either party may seek injunctive or other equitable relief in court for matters related to intellectual property rights, unauthorized API access, or violations of the Prohibited Uses section.
Arbitration Rules: The arbitration will be conducted by JAMS (Judicial Arbitration and Mediation Services) under its Streamlined Arbitration Rules and Procedures, or if JAMS is unavailable, by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
Arbitration Location: All arbitration proceedings shall take place in San Francisco, California, or via remote video conference if both parties agree.
Individual Basis Only: You agree that arbitration will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Arbitrator's Authority: The arbitrator may award any relief that a court could award, including attorneys' fees and costs to the prevailing party, but may NOT award relief to anyone other than you individually. The arbitrator's decision is final and binding, with very limited grounds for appeal.
Costs: Each party will pay its own costs and attorneys' fees unless the arbitrator awards them to the prevailing party. If you initiate arbitration, you will pay the filing fee up to $250, and we will pay any additional fees. If we initiate arbitration, we will pay all fees.
Special Provision for International Users: Notwithstanding the foregoing, if you access the Service from outside the United States in violation of our geographic restrictions and initiate arbitration or any other Proceeding against us, you shall be liable for all fees, costs, and expenses as set forth in the "Attorneys' Fees and Costs - Breach-Based Liability" provision in the "Acknowledgment and Waiver by Non-U.S. Users" section, including liability for our defense costs regardless of the outcome of the arbitration or Proceeding.
Small Claims Court: Either party may bring a Dispute in small claims court in San Francisco County, California, if the Dispute qualifies for small claims court and is brought on an individual basis only.
Waiver of Jury Trial
YOU AND PATENTSUNSET.COM WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing to have Disputes resolved by arbitration, except as specified above.
Class Action Waiver
YOU AND PATENTSUNSET.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If a court or arbitrator determines that this class action waiver is unenforceable, then the arbitration agreement will be void, and the Dispute will be resolved in court subject to the venue provisions below.
Jurisdiction and Venue (If Arbitration Does Not Apply)
If for any reason a Dispute proceeds in court rather than arbitration, you agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in San Francisco County, California, and you irrevocably consent to the personal jurisdiction of such courts.
You waive any objection to venue in San Francisco County, California, and any claim that such courts are an inconvenient forum.
Informal Resolution
Before filing a claim for arbitration or in court, you agree to contact us at support@patentsunset.com to attempt to resolve the Dispute informally. We will attempt to resolve Disputes in good faith for at least 30 days before either party may commence arbitration or litigation.
Statute of Limitations
Any Dispute must be filed within one (1) year after the Dispute arises. If you or we do not file within one year, the Dispute is permanently barred.
General Provisions
Cookie Acknowledgment
By using this Service, you acknowledge and consent to our use of cookies and similar tracking technologies as described in our Privacy Policy. If you do not consent to cookies, you should not use the Service or should configure your browser to reject cookies (though this may limit functionality).
Accessibility
We strive to make our Service accessible to all users. While we make reasonable efforts to ensure accessibility, we do not guarantee that the Service will be accessible to all users or compatible with all assistive technologies. If you experience accessibility issues, please contact support@patentsunset.com.
We do not warrant compliance with any specific accessibility standards, including but not limited to Section 508 of the Rehabilitation Act or the Web Content Accessibility Guidelines (WCAG). Users with disabilities use the Service at their own discretion and risk.
Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective when posted on this page with an updated "Last Updated" date.
Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service.
We will provide reasonable notice of material changes, but it is your responsibility to review these Terms periodically.
Changes to Service
We may modify, suspend, or discontinue any aspect of the Service at any time, including:
- Features and functionality
- Availability of the Service or any portion thereof
- Pricing and subscription plans
- Usage limits and rate limiting
We are not liable for any modification, suspension, or discontinuance of the Service.
Communications
By creating an account, you agree to receive communications from us including:
- Service-related notices and updates
- Billing and payment communications
- Marketing and promotional materials (you may opt out)
Email Marketing: By providing your email address, you expressly consent to receive marketing emails from us. We may use your email address for:
- Newsletters and product updates
- Special offers and promotions
- New feature announcements
- Customer surveys and feedback requests
You may opt out of marketing communications at any time by:
- Following the unsubscribe link in emails
- Contacting support@patentsunset.com
- Updating your preferences in your account settings
Note: You cannot opt out of transactional or service-related emails (e.g., billing, account security, Terms updates).
Third-Party Email Service Providers: We may use third-party email marketing service providers (such as Mailchimp, SendGrid, Klaviyo, or similar services) to send communications to you. By providing your email address, you consent to our sharing of your email address and related information with these service providers for the purpose of sending you communications. These providers are contractually obligated to maintain the confidentiality of your information and use it only for sending communications on our behalf.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and patentsunset.com regarding the Service and supersede all prior agreements and understandings.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to reflect the parties' intent.
Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us.
Assignment
You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.
Force Majeure
We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, labor disputes, or internet/telecommunications failures.
API and Third-Party Service Dependencies:
Our Service relies on third-party APIs and services including but not limited to:
- United States Patent and Trademark Office (USPTO) ODP API
- PatentsView PatentSearch API
- Clerk (authentication)
- Stripe (payments)
- Other third-party infrastructure
We are NOT liable for:
- Unavailability, downtime, or errors from these third-party services
- Changes, deprecation, or termination of third-party APIs
- Rate limiting, throttling, or access restrictions imposed by third parties
- Inaccurate, incomplete, or delayed data from third-party sources
- Service degradation due to third-party infrastructure issues
- Any consequential damages arising from third-party service failures
If any third-party service becomes unavailable, we may suspend or modify our Service without liability. You acknowledge that our Service's functionality depends on external services beyond our control.
Feedback
If you provide us with any feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback without any obligation to you.
No Agency
Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and patentsunset.com.
Contact Us
For questions, concerns, or feedback about these Terms, please contact us:
Email: support@patentsunset.com
Website: https://patentsunset.com
Acknowledgment
BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT:
- You have read, understood, and agree to be bound by these Terms
- You understand that patent expiration dates are estimates only
- You will not rely on our Service for legal or business decisions
- You will consult with a patent attorney for professional advice
- You use the Service entirely at your own risk
- We have no liability for your reliance on information provided
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
Last Updated: February 14, 2026