The terms for using MarkSense.

Effective October 1, 2026. These Terms are a binding agreement between you and Reichert Holdings LLC, an Illinois limited liability company (“MarkSense,” “we,” “us”). Please read them in full. By using the MarkSense website, by submitting anything through it, or by using any MarkSense product or service (together, the “Services”), you agree to them.

1. Who may use the Services

The Services are for licensed attorneys and for people working under a licensed attorney’s supervision, acting in a professional capacity. They are not for consumers, and they are not for anyone seeking legal advice. By using the Services you represent that you are a licensed attorney in good standing in at least one U.S. jurisdiction, or that you are acting at the direction of one who is, and that you have authority to accept these Terms for yourself and for any firm or organization you represent. If you do not meet these conditions, do not use the Services. We may ask for proof of bar admission at any time and may refuse or end access if we do not receive it.

2. MarkSense is software, not a law firm

MarkSense is a software and information service. It is not a law firm, does not practice law, and does not give legal advice. Nothing in the Services, including any draft, score, summary, forecast, search result, or statement on this website, is legal advice or a legal opinion, and using the Services does not create an attorney-client relationship, a fiduciary relationship, or any duty of confidentiality between you or your clients and MarkSense or its owner, officers, or employees. The Services are never a clearance opinion, a freedom-to-operate opinion, a patentability or registrability opinion, or a prediction of how the USPTO, the Trademark Trial and Appeal Board, or any court will decide any matter. Scores and statistics describe how comparable decided cases came out. They do not predict the outcome of any particular matter.

3. Machine-generated output

MarkSense uses software, including machine-learning and large language models, to retrieve documents, analyze them, and draft text. Output is machine-generated, is not reviewed by any lawyer at MarkSense, and may be incomplete, inaccurate, out of date, or wrong, including citations, quotations, characterizations of the record, dates, deadlines, and legal conclusions. Source links are provided so that you can check each statement; a link is not a guarantee that the statement is correct. The public record on which the Services depend, including USPTO data, may lag, contain errors, or change after we retrieve it.

4. You are responsible for your work

You are solely responsible for every use of the Services and every document, filing, communication, and decision that you create, file, send, or make with or after consulting them. You must independently verify all output against primary sources before relying on it, and you must exercise your own professional judgment and comply with all duties that apply to you, including competence, candor to the tribunal, supervision, confidentiality, and conflicts of interest under the rules of professional conduct and the USPTO rules that govern you. MarkSense does not file anything with the USPTO or any other body; you do, and you alone are responsible for deadlines, signatures, fees, and the accuracy of every statement you submit. We are not responsible for any missed, late, or defective filing, whatever its cause.

5. Client and confidential information

Do not submit client confidential information, privileged material, trade secrets, personal data about third parties, or any non-public document through the website or the contact form. During the pilot, send only a serial number of a U.S. trademark application and, if you wish, its response deadline. You are solely responsible for deciding whether submitting anything to MarkSense is permitted by your professional duties and by your client’s instructions. We have no obligation to treat anything you send as confidential, except as described in our Privacy Policy, and you agree that we may use and disclose any information that is already part of the public record without restriction.

6. Pilot and beta status; free offers

Some or all of the Services are offered as a pilot, preview, or beta and are provided free of charge. They may be changed, limited, suspended, or discontinued at any time, with or without notice, and we may decline any request in our discretion. We make no promise of a turnaround time, of availability, of a response, or of any particular scope or feature. Products that the website describes as “coming” do not exist yet, and the description of one is not an offer, a promise, or a commitment to build or release it. We may later charge for the Services under additional terms, which you will have a chance to accept or decline.

7. Workspace links and access

If we give you access to a workspace, the link we send is personal to you and is a credential. Keep it private, do not share it, and tell us promptly at contact@marksense.law if you think it has been shared or exposed. You are responsible for all activity under your link until we deactivate it. We may deactivate or replace any link at any time.

8. License and acceptable use

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your own internal professional work. You agree not to, and not to permit anyone else to: (a) copy, scrape, harvest, crawl, mirror, or systematically download the Services or their content, outputs, or data, whether by automated means or otherwise; (b) use the Services, their outputs, or their data to build, train, fine-tune, evaluate, benchmark, or improve any competing product, dataset, or machine-learning model; (c) reverse engineer, decompile, probe, or attempt to discover the source code, models, prompts, weights, methods, or protocols of the Services; (d) resell, sublicense, white-label, or make the Services available to third parties, including as a service bureau; (e) circumvent any access, rate, security, or usage control; (f) interfere with or overload the Services or the systems of anyone who supports them; (g) use the Services unlawfully, to infringe any right, to submit anything you do not have the right to submit, or to make a filing in bad faith or for an improper purpose; or (h) publish or disclose the results of any comparison, test, or evaluation of the Services to a third party without our prior written consent, other than your own use of output in a matter for a client. Reasonable, good-faith fair use that the law does not allow us to restrict is not prohibited.

9. Ownership

The Services, including the software, models, methods, protocols, coding schemes, taxonomies, datasets, annotations, scores, designs, text, logos, and the MarkSense name and marks, belong to MarkSense and its licensors and are protected by law. These Terms give you a license, not ownership, and we reserve all rights not expressly granted. MarkSense™ is a trademark of Reichert Holdings LLC. Public records, such as USPTO filings, remain public; our compilation, coding, and analysis of them are ours.

As between you and us, you may use the drafts and other output that the Services produce for you for your own professional work, including for filings you make for a client, subject to Section 4 and to the rest of these Terms. You grant us a worldwide, royalty-free license to host, process, copy, and use what you submit (such as serial numbers, deadlines, and messages) to operate, secure, and support the Services and to respond to you, and to use it in de-identified or aggregated form to improve them. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable license to use them for any purpose without credit or compensation.

10. Third-party sources and services

The Services depend on public records and on services that third parties provide, including the USPTO and its systems, hosting, security, and email providers, and model providers. We do not control them, and they may be wrong, unavailable, or changed without notice. Links to other sites are for convenience and are not endorsements. Your use of any third-party site or service is governed by its own terms.

11. Disclaimer of warranties

THE SERVICES AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, MARKSENSE AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ANY DEFECT WILL BE CORRECTED, THAT ANY OUTPUT WILL BE CORRECT OR SUITABLE FOR ANY PURPOSE, OR THAT USING THE SERVICES OR THEIR OUTPUT WILL PRODUCE ANY RESULT, INCLUDING THE ISSUANCE, REGISTRATION, OR MAINTENANCE OF ANY RIGHT OR THE OVERCOMING OF ANY REFUSAL. NO ADVICE OR INFORMATION FROM US, ORAL OR WRITTEN, CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) MARKSENSE AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS, OR OPPORTUNITY, OR FOR THE COST OF SUBSTITUTE SERVICES, OR FOR ANY LOSS OR ABANDONMENT OF ANY APPLICATION, REGISTRATION, OR RIGHT, ANY MISSED OR DEFECTIVE FILING OR DEADLINE, ANY SANCTION, DISCIPLINARY ACTION, OR MALPRACTICE OR PROFESSIONAL-LIABILITY CLAIM, OR ANY CLAIM BY YOUR CLIENT OR ANY THIRD PARTY, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES; AND (B) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, FORM AN ESSENTIAL BASIS OF THE BARGAIN, AND ARE REFLECTED IN THE FACT THAT THE SERVICES MAY BE OFFERED FREE OF CHARGE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THIS MAY NOT APPLY TO YOU; IN THAT CASE OUR LIABILITY IS LIMITED TO THE SMALLEST EXTENT THE LAW PERMITS.

13. Indemnification

You will defend, indemnify, and hold harmless MarkSense and its owners, members, managers, officers, employees, contractors, and licensors from and against all claims, demands, proceedings, losses, liabilities, damages, judgments, settlements, fines, costs, and expenses, including reasonable attorneys’ fees, that arise out of or relate to: (a) your use of the Services or of any output; (b) any filing, advice, communication, or work product you create or make with or after consulting them; (c) anything you submit; (d) your breach of these Terms or of any law or professional duty; or (e) any claim by your client, employer, or any third party relating to any of these. We may assume control of the defense of any matter, at your expense, and you will cooperate. You may not settle any claim that imposes an obligation on us or admits fault by us without our written consent.

14. Suspension and termination

We may suspend, restrict, or terminate your access to the Services at any time, for any reason or none, with or without notice, including if we believe you have breached these Terms, have given inaccurate information about yourself, or present a risk to us or to others. You may stop using the Services at any time. Sections 2 through 5 and 8 through 20, and any right or obligation that by its nature should survive, survive termination.

15. Changes

We may change these Terms, and any part of the Services, at any time. We will post the updated Terms on this page with a new effective date. Your use of the Services after the effective date is your acceptance of the change. If you do not accept a change, stop using the Services.

16. Governing law

These Terms and any dispute arising out of or relating to them or to the Services are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules, and, where applicable, by U.S. federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17. Disputes

Informal resolution first. Before you start any claim, write to us at contact@marksense.law with a description of it and your contact details, and give us 60 days to try to resolve it. Venue. Any claim that is not resolved informally must be brought exclusively in the state or federal courts located in the State of Illinois, and you consent to their personal jurisdiction and waive any objection to venue or to inconvenient forum. Jury waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES. No class actions. You may bring claims only in your individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Time limit. Any claim you have must be filed within one (1) year after it arose, or it is permanently barred. Equitable relief. You agree that a breach of Sections 5, 8, or 9 would cause us irreparable harm for which damages are inadequate, and that we may seek injunctive relief without posting bond, in addition to any other remedy.

18. General

These Terms, together with the Privacy Policy and any additional terms you accept for a particular product, are the entire agreement between you and us about the Services and replace any earlier or contemporaneous understanding. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign or transfer these Terms or any right under them without our written consent, and any attempt to do so is void; we may assign them freely, including to a successor or affiliate. Nothing creates a partnership, joint venture, agency, employment, or fiduciary relationship. There are no third-party beneficiaries, except that the persons named in Sections 11 through 13 may enforce those Sections. We are not liable for any failure or delay caused by events beyond our reasonable control, including outages of internet, hosting, USPTO, or third-party systems, labor disputes, acts of government, or acts of God. Headings are for convenience only, and “including” means “including without limitation.” You agree that we may give you notices by email, by posting on the website, or both.

19. No affiliation

MarkSense is a product of Reichert Holdings LLC. It is not a product of, and is not sponsored, endorsed, reviewed, or supported by, Southern Illinois University or any other university or institution with which its founder is or has been affiliated, or by the United States Patent and Trademark Office or any other government agency. Any such affiliation is mentioned only to identify the founder.

20. Contact

Questions about these Terms: contact@marksense.law. Reichert Holdings LLC, an Illinois limited liability company.