Terms of Service

Welcome to Obsidyan. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and AW3 Technology, Inc. ("Obsidyan," "we," "us," or "our") governing your access to and use of the Obsidyan platform, including our website, applications, APIs, and all related services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

Your use of the Services is also governed by our Privacy Policy, which is incorporated herein by reference. Please review the Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

For the purposes of these Terms:

• "Account" means the user account you create to access and use the Services.
• "Confidential Information" means any non-public information disclosed by either party that is designated as confidential or that reasonably should be understood to be confidential.
• "Content" means any text, data, documents, images, graphics, or other materials uploaded, submitted, or otherwise made available through the Services.
• "Credits" means the units of value used to access certain features and functionalities within the Services.
• "Intellectual Property" means patents, patent applications, trademarks, trade secrets, copyrights, and other proprietary rights.
• "Patent Application" means any provisional or non-provisional patent application drafted, managed, or filed using the Services.
• "Services" means the Obsidyan platform, including all features, functionalities, tools, and capabilities provided therein.
• "User Data" means all data, information, and Content that you upload, submit, or otherwise provide through the Services.

3.1 Eligibility

To use the Services, you must be at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are using the Services on behalf of an organization, you must have the authority to bind that organization.

3.2 Account Creation

You must provide accurate, current, and complete information during registration. You are responsible for maintaining the accuracy of your account information and must promptly update it if any changes occur.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use or suspected breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.4 Account Types

You can use Obsidyan individually or as part of an organization, where an administrator controls members and their roles. Organization administrators may be able to access content in that organization.

4.1 Platform Overview

Obsidyan provides an AI-powered platform that helps users prepare patent applications, compare ideas with prior art, and manage portfolios and deadlines. Obsidyan helps you prepare a filing, but you are responsible for what you file and for submitting it to the relevant patent office. The Services do not replace professional legal judgment.

4.2 AI-Assisted Features

The Services include artificial intelligence and machine learning features that provide suggestions, analysis, and automated assistance. While we strive to provide accurate and helpful AI-generated content, you acknowledge that:

• AI-generated content may contain errors, inaccuracies, or omissions
• AI suggestions should be reviewed and verified by qualified professionals
• The AI does not constitute legal advice and should not be relied upon as such
• You are solely responsible for reviewing and approving all content before use

4.3 No Legal Advice

IMPORTANT: Obsidyan is not a law firm and does not provide legal advice. The Services are tools designed to assist with IP-related tasks but do not substitute for the advice of a qualified patent attorney or agent. You should consult with appropriate legal professionals for all legal matters.

4.4 Service Availability

We strive to maintain high availability of the Services but do not guarantee uninterrupted access. We may perform maintenance, updates, or modifications that temporarily affect service availability. We will provide reasonable notice of planned maintenance when possible.

5.1 Credit Packs

Many features use Credits. You buy Credits in one-time packs, which do not renew automatically. Current packs and the Credit cost of each feature are shown on our pricing page.

5.2 How Credits Work

• Credits are used when you run AI-powered features. Drafting is charged once per application and covers all of its sections
• Credits you buy do not expire while your account remains open
• Credits are non-transferable and have no cash value
• You can buy more Credits at any time

5.3 Free Offers

We may offer free Credits or trials. These are subject to these Terms and any additional terms shown at the time, and we may limit or end them at any time.

6.1 Fees and Checkout

You pay for Credits at checkout through our payment provider. All fees are in U.S. dollars unless otherwise stated. Prices may change, but a change does not affect Credits you have already bought.

6.2 Taxes

Fees do not include taxes, levies, or duties. You are responsible for all applicable taxes, except for taxes based on our net income.

6.3 Refunds

If you are not satisfied with a purchase, you may request a refund of your unused Credits within 30 days of buying them by emailing obsidyan@aw3.tech. Credits you have already spent are not refundable, because the AI work has been done. Other refunds are at our discretion, except as required by law.

6.4 Payment Disputes

If you believe you have been charged incorrectly, please contact us within 30 days of the charge so we can resolve it.

7.1 Our Intellectual Property

The Services, including all software, algorithms, designs, graphics, logos, and documentation, are owned by Obsidyan or our licensors and are protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except as expressly stated herein.

7.2 Your Intellectual Property

You retain all ownership rights in your User Data and any inventions, discoveries, or intellectual property described therein. Nothing in these Terms transfers ownership of your intellectual property to us.

7.3 License to Use Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes while your account remains open.

7.4 License to User Data

You grant us a limited, non-exclusive license to access, use, copy, and process your User Data solely to provide and maintain the Services. This license is limited to what is necessary to operate the Services and does not grant us ownership of your data.

7.5 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Services without any obligation to you.

8.1 Responsibility for User Data

You are solely responsible for your User Data and the consequences of uploading, submitting, or making it available through the Services. You represent and warrant that you have all necessary rights to your User Data and that it does not violate any laws or third-party rights.

8.2 Data Security

We implement industry-standard security measures to protect your User Data. However, no system is completely secure. You acknowledge that you provide User Data at your own risk and should maintain backups of important data.

8.3 Data Retention

We retain your User Data for as long as your account is active or as needed to provide you with the Services. After your account is terminated, we will delete your User Data as described in our Privacy Policy, subject to legal retention requirements.

8.4 Data Export

You may export your User Data at any time from Settings. We will provide reasonable help with export requests when an account is terminated.

8.5 Prohibited Content

You may not upload, submit, or transmit any Content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable, or that infringes any third-party rights.

9.1 Permitted Use

You may use the Services only for lawful purposes and in accordance with these Terms. You agree to use the Services only for their intended purpose of managing intellectual property-related activities.

9.2 Prohibited Activities

You agree NOT to:

• Use the Services in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to the Services or related systems
• Interfere with or disrupt the Services or servers
• Use automated tools to access the Services other than through our API and MCP server, within their published limits
• Reverse engineer, decompile, or disassemble any part of the Services
• Copy, modify, or distribute any content from the Services without authorization
• Use the Services to develop competing products or services
• Share account credentials or allow unauthorized access to your account
• Circumvent any access controls or usage limits
• Use the Services to transmit malware or malicious code
• Impersonate any person or entity or misrepresent your affiliation

9.3 Enforcement

We reserve the right to investigate and take appropriate action against violations of this policy, including suspending or terminating accounts, removing content, and reporting violations to law enforcement.

10.1 Confidential Information

Each party agrees to maintain the confidentiality of the other party's Confidential Information and not to disclose it to third parties without prior written consent, except as required by law or as necessary to perform obligations under these Terms.

10.2 Protection of User Data

We treat your User Data as Confidential Information and will not disclose it except as described in our Privacy Policy, as required by law, or with your consent.

10.3 Patent Application Confidentiality

We understand the sensitive nature of patent applications and invention disclosures. We do not use your patent-related Content to train AI models or for any purpose other than providing the Services to you. AI features send your Content to model providers as described in our Privacy Policy.

10.4 Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party; or (d) is rightfully obtained from a third party without restriction.

11.1 Our Warranties

We warrant that: (a) we have the right to provide the Services; (b) the Services will perform substantially as described in our documentation; and (c) we will provide the Services with reasonable skill and care.

11.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

11.3 AI Disclaimer

We do not warrant that AI-generated content will be accurate, complete, error-free, or suitable for any particular purpose. AI features are provided as assistance tools, and you are responsible for verifying all AI-generated content before use.

11.4 Third-Party Services

The Services may integrate with or link to third-party services. We do not warrant or endorse any third-party services and are not responsible for their availability, accuracy, or content.

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OBSIDYAN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES.

12.2 Liability Cap

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

12.3 No Liability for Patent Outcomes

We are not liable for the outcome of any patent application or intellectual property matter, including but not limited to rejections, abandonments, loss of rights, or failure to obtain desired protection. You are solely responsible for all decisions regarding your intellectual property.

12.4 Basis of the Bargain

The limitations of liability reflect the allocation of risk between you and Obsidyan and are an essential basis of the bargain between us. The Services would not be provided without these limitations.

13.1 Your Indemnification

You agree to indemnify, defend, and hold harmless Obsidyan and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your User Data or Content
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Any claims related to your patent applications or intellectual property

13.2 Procedure

We will promptly notify you of any claim subject to indemnification and provide reasonable cooperation in its defense. You may not settle any claim without our prior written consent if the settlement would impose any obligation on us or admit fault on our behalf.

14.1 Termination by You

You may terminate your account at any time from Data Privacy in Settings, or by contacting us at obsidyan@aw3.tech. Termination does not entitle you to a refund, except as described in Section 6.3.

14.2 Termination by Us

We may suspend or terminate your account and access to the Services at any time for any reason, including if we reasonably believe you have violated these Terms. We will provide notice of termination unless immediate termination is necessary to protect the Services or other users.

14.3 Effect of Termination

Upon termination:

• Your right to access and use the Services immediately ceases
• Unused Credits are forfeited, unless we terminated your account without cause
• You must cease all use of the Services and any Obsidyan materials
• Provisions that by their nature should survive termination will survive

14.4 Data Retrieval

Upon termination, you will have a limited period (typically 30 days) to export your User Data. After this period, we may delete your data in accordance with our data retention policies.

15.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us and attempt to resolve any dispute informally. We will work in good faith to resolve disputes within 30 days of notification.

15.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English and held in San Francisco, California, or remotely as agreed by the parties.

15.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS.

15.4 Exceptions

Nothing in this section prevents either party from seeking injunctive or other equitable relief in court for matters related to intellectual property rights, confidentiality, or unauthorized access to the Services.

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

To the extent that arbitration is not applicable, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for the resolution of any disputes.

17.1 Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. For significant changes, we may also provide notice via email or through the Services.

17.2 Acceptance of Changes

Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services and terminate your account.

17.3 Notice Period

We will provide at least 30 days' notice before material changes take effect, except where immediate changes are required by law or to protect the security of the Services.

If you have questions about these Terms or the Services, please contact us: