Terms and Conditions

1. Purpose

This Agreement outlines the terms under which IPED, LLC ("IPED"), a Wyoming limited liability company, provides trademark office action response and management services ("Services") to you ("Client") through tiered Service Packages (Starter, Basic, Premium, Pro, Advanced). These services provide access to professional administrative support, procedural guidance, and specific deliverables for managing trademark-related tasks as defined in the selected Service Package.

2. Scope of Services

2.1 Service Packages

IPED offers distinct Service Packages detailed on its website and promotional materials. The specific deliverables, level of support (if any), consultation access (if any), and attorney involvement depend entirely on the package purchased by the Client. Client acknowledges the explicit limitations of each tier, particularly the lack of consultation or support in Starter and Basic tiers.

2.2 Deliverables

Core deliverables (e.g., assessment highlights/reports, argument outlines, draft responses) are prepared based on information provided by the Client and IPED's analysis framework. Timelines for draft delivery (e.g., typically within 30 business days of IPED receiving all necessary information from the Client for draft responses) and revisions (if applicable) are outlined in the Service Package details. IPED will cover USPTO extension fees necessitated solely by its own delays; delays caused by the Client may result in the Client bearing extension fee costs.

3. Service Structure & Role of IPED

3.1 Disclaimer: Non-Legal Nature of Services

Client acknowledges IPED is NOT a law firm and does not provide legal advice or legal representation. IPED's role is strictly administrative and procedural, acting as a scrivener to prepare documents and provide procedural information based on Client direction and publicly available data. IPED personnel are not attorneys and cannot interpret laws, provide legal opinions, offer strategic legal advice, or represent clients in legal disputes. Client acknowledges they may need to seek independent legal counsel for such matters. This limitation applies to all service tiers, including consultations provided in Premium, Pro, and Advanced tiers, which are limited to procedural guidance and administrative support.

3.2 Collaboration with Licensed Attorneys

For Pro and Advanced packages, IPED facilitates review and filing by a third-party licensed attorney. By purchasing these packages, the Client authorizes IPED to engage and coordinate with this attorney on their behalf for the tasks specified in the package. The cost for this attorney involvement is included in the package fee.

3.3 Appointment as Agent

By engaging IPED's services, the Client appoints IPED as an authorized agent and scrivener solely for the administrative purposes outlined in the selected Service Package.

3.4 Package Details

Specific features, limitations, deliverables, add-on fees (if applicable), and package fees for each Service Package (Starter, Basic, Premium, Pro, Advanced) are detailed on the IPED website/Service Package comparison chart, which is incorporated herein by reference.

4. Fees and Payment

4.1 Package Fee

The fee for the selected Service Package is due upfront and is non-refundable, considered earned immediately upon payment. This fee covers the initiation of service, allocation of resources, and access to the features and deliverables specific to that purchased package.

4.2 Scope of Fee

The package fee grants access ONLY to the specific services and deliverables outlined for the chosen tier. Fees for additional trademarks (applicable to Basic, Premium, Pro, Advanced tiers only) are specified in the Service Package details and are payable separately.

5. Service Fulfillment

5.1 Initiation

Service is deemed initiated upon payment confirmation and IPED's acknowledgment (e.g., welcome email confirming package details, commencement of work on deliverables).

5.2 Deliverables

IPED will make commercially reasonable efforts to provide deliverables within agreed timelines, contingent upon timely Client cooperation (providing necessary information and approvals).

6. Client Responsibilities

Client must provide accurate and timely information, review drafts promptly (if applicable), approve actions requiring their consent, and inform IPED of relevant changes. Failure to do so may cause delays or necessitate additional costs (e.g., extension fees) for which the Client will be responsible.

7. Confidentiality, Non-Disclosure, and Non-Disparagement

Both parties acknowledge that the relationship and all information exchanged are confidential.

7.1 Non-Disclosure Agreement

All communications, documents, work product, and information exchanged between IPED and the Client in connection with the Services are strictly confidential. Both parties agree not to disclose any such information to any third party. This constitutes a binding non-disclosure agreement.

7.2 Mutual Non-Disparagement

Both parties agree to refrain from making any public statements, online reviews, or remarks that are negative, defamatory, or disparaging about the other party, its services, or its personnel. All concerns or disputes must be addressed through the private dispute resolution channels outlined in this Agreement.

7.3 Breach and Damages

Any breach of the confidentiality, non-disclosure, or non-disparagement obligations in this Section will be considered a material breach of this Agreement and an act of bad faith. The party in breach agrees that it will be liable for all resulting damages, including but not limited to financial, reputational, and consequential damages.

7.4 Data Protection and Retention

IPED implements reasonable safeguards to protect Client data. Records related to Client matters will be retained for five years post-service conclusion, then securely disposed of, unless otherwise required by law or agreed upon.

8. Dispute Resolution

Parties agree to first attempt good-faith negotiation. Unresolved disputes shall be submitted to binding arbitration in the State of Wyoming, governed by Wyoming law.

9. Chargebacks

Clients agree to contact IPED to resolve disputes before initiating chargebacks. Unauthorized chargebacks constitute a breach; IPED may cease services, pursue recovery of the fee plus costs, and refuse future service.

10. Limitation of Liability

IPED’s total liability arising from this Agreement or the Services provided shall not exceed the specific package fee paid by the Client for the services giving rise to the claim. IPED is not liable for the outcomes of trademark applications, USPTO decisions, or actions taken based on Client approvals or information. Client assumes all responsibility for decisions made based on information provided in the limited-scope Starter and Basic packages.

11. Governing Law

This Agreement is governed by the laws of the State of Wyoming.