Terms of Service

Last updated: August 18, 2026

These Terms of Service (the "Terms") govern access to and use of the Fenix patent prosecution platform, the Fenix MCP connector, and related services (the "Services") provided by Fenix.ai LLC ("Fenix"). By using the Services on behalf of a law firm or company (the "Customer"), you agree to these Terms on the Customer's behalf. Where Fenix and a Customer have executed a separate written agreement, that agreement controls to the extent it conflicts with these Terms.

1. The Services

Fenix provides a hosted platform for managing patent matters: intake and matter creation, application drafting, USPTO data import, office action response, claim management, review and certification workflows, and task tracking. The Fenix MCP connector exposes the Customer's Fenix workspace to AI assistants the Customer chooses to connect, subject to per-user authentication and role-based permissions.

2. Accounts and access

The Customer controls who may access its Fenix tenant and with what role. Users authenticate through the Customer's identity provider or with personal access credentials issued to them individually. The Customer is responsible for maintaining the accuracy of its user roster and for its users' compliance with these Terms. Credentials are personal and may not be shared.

3. Customer data

All matter content the Customer stores in the Services ("Customer Data") remains the Customer's property. Fenix processes Customer Data solely to provide the Services, in accordance with the Data Processing Addendum at fenix.ai/dpa, which is incorporated into these Terms. Fenix does not use Customer Data to train machine-learning models and does not sell Customer Data.

4. AI features and connected assistants

Certain features transmit Customer Data to third-party AI providers engaged as Fenix subprocessors, solely to perform the processing the Customer requests. Where the Customer connects its own AI assistant to the Services through the MCP connector, that assistant is the Customer's vendor: its handling of data it receives from the connector is governed by the Customer's agreement with that provider, and the Customer is responsible for its configuration. Output of AI features is generated assistance, not legal advice, and must be reviewed by a qualified practitioner before use or filing.

5. Acceptable use

The Customer will not: attempt to access another tenant's data; circumvent authentication, scoping, or rate limits; resell the Services; introduce malicious code; or use the Services in violation of law or of duties owed to the USPTO or other patent offices.

6. Fees

Fees, plan tiers, and included capabilities are as set out in the applicable order or plan documentation. Capabilities outside the Customer's plan are not available through the Services until upgraded.

7. Confidentiality

Each party will protect the other's confidential information with at least reasonable care and use it only as needed to perform under these Terms. Customer Data is the Customer's confidential information.

8. Warranties and disclaimers

Fenix warrants that it provides the Services with commercially reasonable skill and care. Except as expressly stated, the Services are provided "as is," and Fenix disclaims all implied warranties. Fenix is a software provider and does not provide legal services; responsibility for legal work product rests with the Customer and its practitioners.

9. Limitation of liability

Neither party is liable for indirect, incidental, or consequential damages. Each party's aggregate liability under these Terms is capped at the fees paid or payable by the Customer in the twelve months preceding the claim, except for breaches of confidentiality, a party's indemnification obligations, or the Customer's payment obligations.

10. Term and termination

These Terms apply while the Customer uses the Services. Either party may terminate for material breach not cured within thirty days of notice. On termination, Fenix will make Customer Data available for export and then delete it as described in the Data Processing Addendum.

11. Governing law

These Terms are governed by the laws of the State of Colorado, without regard to conflicts of law rules, and disputes are subject to the exclusive jurisdiction of the state and federal courts located in Colorado.

Contact

Fenix.ai LLC — contact@fenix.ai

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