ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ SECTION 18 CAREFULLY.
"ABIGAIL," "we," "us," or "our" refers to Salt Holdings, LLC, a New York limited liability company, the owner and operator of the ABIGAIL Platform.
"Platform" or "Services" refers to the ABIGAIL AI-powered patent prosecution assistance platform, including all associated software, applications, websites, APIs, and related services.
"User," "you," or "your" refers to any individual or entity that accesses or uses the Platform, including both Licensed Practitioners and Pro Se Inventors as defined herein.
"Licensed Practitioner" means a patent attorney licensed to practice law in any jurisdiction, a patent agent registered to practice before the United States Patent and Trademark Office, a European Patent Attorney, or any other individual authorized by law to represent others before a patent office.
"Pro Se Inventor" means an individual who is the sole inventor of an invention and who elects to represent himself or herself before the United States Patent and Trademark Office pursuant to 35 U.S.C. § 33, without the assistance of a Licensed Practitioner. For purposes of this Agreement, Pro Se Inventor status applies only to applications where the User is the sole named inventor prosecuting their own patent application.
"User Content" means all data, documents, text, images, information, and other materials that you upload, submit, store, transmit, or display through the Platform, including but not limited to patent applications, office actions, specifications, claims, drawings, and prosecution history files.
"Output" means any content, responses, analyses, draft documents, suggested amendments, or other materials generated by the Platform's AI systems based on User Content or User inputs.
"Third-Party Services" means any external services, platforms, databases, or systems accessed through or in connection with the Platform, including but not limited to the United States Patent and Trademark Office (USPTO), European Patent Office (EPO), World Intellectual Property Organization (WIPO), and any other patent offices or governmental agencies.
"Authorized User Credentials" means your personal login credentials for any Third-Party Services that you choose to use in connection with the Platform.
The Platform serves two distinct categories of Users, each with different capabilities, responsibilities, and restrictions:
(A) Licensed Practitioners: Users who are licensed patent attorneys, registered patent agents, European Patent Attorneys, or other individuals authorized to practice patent law and represent others before patent offices. Licensed Practitioners have access to all Platform features, including analytics and Third-Party Service integrations where available.
(B) Pro Se Inventors: Users who are individual inventors representing themselves before the USPTO with respect to their own inventions pursuant to 35 U.S.C. § 33. Pro Se Inventors have access to document preparation and analysis features but do NOT have access to: (i) analytics features; (ii) USPTO Patent Center integration or any other Third-Party Service integrations; or (iii) any features designed for use in representing third parties.
To use the Platform as a Pro Se Inventor, you must meet and continuously satisfy ALL of the following requirements:
Upon account creation and periodically thereafter, you will be required to certify your User classification. You agree to:
THE PLATFORM IS AN AI-ASSISTED PRODUCTIVITY TOOL ONLY. ABIGAIL does not provide legal advice, legal representation, or professional patent prosecution services. The Platform is designed to assist Users in preparing patent-related documents and does not replace the professional judgment of a licensed patent attorney or patent agent.
IF YOU ARE A PRO SE INVENTOR, YOU SPECIFICALLY ACKNOWLEDGE AND UNDERSTAND THAT:
You acknowledge that AI-generated content may contain errors, hallucinations, outdated information, or interpretations that do not align with current legal standards or patent office practices. The Platform's Output should be treated as a starting point for analysis, not as final work product.
Third-Party Service integrations, including USPTO Patent Center integration, are available ONLY to Licensed Practitioners. Pro Se Inventors do NOT have access to Third-Party Service integrations and must interact with patent offices directly and independently of the Platform.
FOR LICENSED PRACTITIONERS ONLY: The Platform may offer features that allow you to connect to Third-Party Services, including but not limited to the USPTO Patent Center, EPO Online Filing, WIPO ePCT, and other patent office systems. Any such connection is initiated solely by you, using your own Authorized User Credentials.
With respect to the United States Patent and Trademark Office (USPTO), Licensed Practitioners who connect their accounts specifically acknowledge and agree that:
With respect to the European Patent Office (EPO), Licensed Practitioners who connect their accounts specifically acknowledge and agree that:
Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and ABIGAIL. ABIGAIL does not act as your agent before any patent office or government agency. When you use the Platform to interact with Third-Party Services, you are acting in your own capacity, not as an agent of ABIGAIL.
As between you and ABIGAIL, you retain all ownership rights in and to your User Content. These Terms do not grant ABIGAIL any ownership rights in your User Content.
By uploading or submitting User Content to the Platform, you grant ABIGAIL a limited, non-exclusive, royalty-free, worldwide license to use, process, store, and display such User Content solely for the purpose of providing the Services to you. This license terminates upon termination of your account, subject to reasonable backup and archival retention periods.
ABIGAIL WILL NOT USE YOUR USER CONTENT TO TRAIN, FINE-TUNE, OR IMPROVE ITS AI MODELS OR ANY THIRD-PARTY AI MODELS. Your confidential patent documents, prosecution strategies, and other User Content will not be used as training data. Our AI models are proprietary and pre-trained; they process your content to generate Output but do not learn from or retain your specific content for model improvement purposes.
We implement commercially reasonable security measures to protect User Content. However, no system is completely secure. You acknowledge that: (a) you transmit User Content at your own risk; (b) we cannot guarantee the security of User Content during transmission or storage; and (c) any security incident shall be subject to the limitation of liability provisions herein.
You represent and warrant that: (a) you own or have the necessary rights to all User Content; (b) your User Content does not infringe, misappropriate, or violate any third-party rights; (c) you have obtained all necessary consents for any personal data included in User Content; and (d) your use of the Platform complies with all applicable laws and professional obligations.
The Platform, including all software, algorithms, AI models, user interfaces, designs, documentation, trade names, trademarks, service marks, and all other intellectual property embodied therein, is owned exclusively by ABIGAIL or its licensors. These Terms grant you no rights in or to such intellectual property except the limited license to use the Platform as expressly set forth herein.
Subject to the following limitations, you own the Output generated by the Platform based on your User Content and inputs:
You shall not, and shall not permit any third party to: (a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Platform; (b) modify, adapt, translate, or create derivative works based on the Platform; (c) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available the Platform to any third party; (d) use the Platform to develop a competing product or service; (e) use any automated means to access or interact with the Platform except as expressly authorized; or (f) remove, alter, or obscure any proprietary notices on the Platform.
The AI models, including all fine-tuned models, LoRA adapters, embedding models, and other machine learning components used in the Platform, are the exclusive proprietary property of ABIGAIL. You acquire no rights in such models, and nothing in these Terms shall be construed as granting any license or right to use such models outside of the Platform.
We understand that User Content may include confidential and proprietary information, including unpublished patent applications, trade secrets, and privileged attorney-client communications. We agree to maintain the confidentiality of User Content in accordance with these Terms and our Privacy Policy.
You acknowledge that the Platform, including its architecture, algorithms, models, performance characteristics, and documentation, constitutes confidential and proprietary information of ABIGAIL. You agree not to disclose such information to any third party without our prior written consent.
Either party may disclose confidential information if required by law, regulation, or legal process, provided that the disclosing party provides prompt notice (to the extent permitted) and reasonable assistance to the other party in seeking a protective order or other appropriate remedy.
The Platform operates on a pay-as-you-go, token-based billing model. Current pricing is available at https://abigail.app/pricing. We reserve the right to modify pricing at any time; price changes will apply to usage occurring after the effective date of such changes.
All fees are non-refundable except as expressly set forth herein or as required by applicable law. You are responsible for all taxes associated with your use of the Platform. Failure to pay fees when due may result in suspension or termination of your account.
Prepaid credits have no cash value, are non-transferable, and expire twelve (12) months from the date of purchase unless otherwise specified. Unused credits will not be refunded upon account termination.
ABIGAIL warrants that the Platform will perform substantially in accordance with its documentation under normal use. This warranty does not apply to: (a) any misuse or unauthorized modification of the Platform; (b) use of the Platform in combination with any software, hardware, or services not provided by ABIGAIL; or (c) any Third-Party Services.
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 10.1, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY.
ABIGAIL DOES NOT WARRANT THAT: (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, OR LEGALLY SUFFICIENT; (D) THE PLATFORM WILL BE COMPATIBLE WITH ANY THIRD-PARTY SERVICES; OR (E) ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED.
YOU ACKNOWLEDGE THAT AI-GENERATED CONTENT MAY CONTAIN ERRORS, OMISSIONS, HALLUCINATIONS, OR LEGALLY INCORRECT STATEMENTS. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF ANY OUTPUT.
ABIGAIL MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THIRD-PARTY SERVICES, INCLUDING THE USPTO, EPO, WIPO, OR ANY OTHER PATENT OFFICE. YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR SOLE RISK AND SUBJECT TO THE TERMS OF SUCH THIRD-PARTY SERVICES.
IN NO EVENT SHALL ABIGAIL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ABIGAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, ABIGAIL SHALL NOT BE LIABLE FOR:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABIGAIL'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO ABIGAIL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ABIGAIL AND YOU. ABIGAIL WOULD NOT PROVIDE THE PLATFORM WITHOUT SUCH LIMITATIONS.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations above shall apply to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless ABIGAIL, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
ABIGAIL will provide prompt notice of any claim subject to indemnification and will cooperate with your defense. ABIGAIL reserves the right to assume exclusive control of the defense of any matter subject to indemnification, at your expense.
ABIGAIL processes personal data in accordance with applicable data protection laws. Our Privacy Policy, incorporated herein by reference and available at https://abigail.app/privacy, describes our data collection, use, and protection practices in detail.
If you are located in the European Economic Area, Switzerland, or the United Kingdom, or if you process personal data of individuals located in these jurisdictions:
If you are located in the People's Republic of China, or if you process personal information of individuals located in China:
If you are located in Japan, or if you process personal information of individuals located in Japan:
If you are located in South Korea, or if you process personal information of individuals located in South Korea:
The Platform processes and stores data in the United States. By using the Platform, you consent to the transfer and processing of data in the United States. If your jurisdiction requires data localization, you are solely responsible for ensuring compliance with such requirements before using the Platform.
Upon termination of your account, ABIGAIL will delete or anonymize your User Content within thirty (30) days, subject to: (a) legal retention requirements; (b) backup and disaster recovery procedures; and (c) data necessary to resolve pending disputes or enforce these Terms.
These Terms remain in effect until terminated by either party.
You may terminate your account at any time by contacting customer support at info@abigail.app or using the account termination feature in the Platform.
ABIGAIL may suspend or terminate your access to the Platform immediately, without prior notice, for any reason, including if:
Upon termination: (a) your right to use the Platform immediately ceases; (b) you remain liable for all fees incurred prior to termination; (c) all licenses granted to you terminate; and (d) Sections 6-12, 13, 15-21 shall survive termination.
You agree not to use the Platform to:
You agree to comply with all applicable export control laws and regulations, including U.S. Export Administration Regulations. You represent that you are not: (a) located in a country subject to U.S. government embargo; (b) listed on any U.S. government list of prohibited or restricted parties; or (c) using the Platform for prohibited end uses.
ABIGAIL reserves the right to modify these Terms at any time. Material changes will be notified via email or prominent notice on the Platform at least fourteen (14) days before taking effect. Your continued use after the effective date constitutes acceptance of the modified Terms. If you do not agree to modified Terms, you must stop using the Platform and terminate your account.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of laws principles. Subject to Section 19 (Arbitration), the exclusive jurisdiction for any dispute shall be the state and federal courts located in New York County, New York.
YOU AND ABIGAIL AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM ("DISPUTES") SHALL BE RESOLVED EXCLUSIVELY BY BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, except that: (a) either party may bring individual claims in small claims court if they qualify; and (b) either party may seek equitable relief in court for infringement of intellectual property rights.
Arbitration shall be conducted by JAMS under its Comprehensive Arbitration Rules or, for claims under $250,000, its Streamlined Arbitration Rules, as modified by these Terms. The arbitration will be conducted in New York, New York, unless the parties agree otherwise or the arbitrator determines another location is more appropriate.
YOU AND ABIGAIL AGREE THAT DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is found to be unenforceable as to a particular claim, then this entire arbitration agreement shall be null and void as to that claim.
You may opt out of this arbitration agreement by sending written notice to legal@abigail.app within thirty (30) days of first accepting these Terms. Opting out does not affect any other provisions of these Terms.
These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and ABIGAIL regarding the Platform and supersede all prior agreements and understandings.
If any provision of these Terms is found to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.
No waiver of any provision of these Terms shall be deemed a waiver of any other provision, nor shall any waiver constitute a continuing waiver. Failure to enforce any provision shall not constitute a waiver of ABIGAIL's right to enforce such provision.
You may not assign or transfer these Terms or any rights hereunder without ABIGAIL's prior written consent. ABIGAIL may freely assign these Terms. Any attempted assignment in violation of this section is void.
ABIGAIL shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, Internet failures, or actions of third-party service providers.
All notices to ABIGAIL must be sent to: Salt Holdings, LLC, 160 Varick Street, 3rd Floor, New York, NY 10013, or legal@abigail.app. Notices to you will be sent to the email address associated with your account.
The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship.
These Terms do not confer any rights or remedies upon any person or entity other than the parties hereto.
Section headings are for convenience only and shall not affect the interpretation of these Terms.
For questions about these Terms, please contact:
Salt Holdings, LLC
160 Varick Street, 3rd Floor
New York, NY 10013
Email: info@abigail.app
Legal inquiries: legal@abigail.app
ELECTRONIC ACCEPTANCE
BY CLICKING "I AGREE," "ACCEPT," OR SIMILAR BUTTON, OR BY CREATING AN ACCOUNT AND USING THE PLATFORM, YOU ACKNOWLEDGE THAT:
[END OF TERMS OF SERVICE]
Last Updated: December 11, 2025
Version: 2.0