Terms of Service

THE TMHUB LLC
TERMS OF SERVICE

Last Updated: January 1, 2026

This Terms of Service Agreement (this “Agreement”) governs your access to and use of the TMHub platform, including all associated software, applications, features, tools, documentation, and related services made available by The TMHub LLC (collectively, the “TMHub Suite” or the “Service”). The TMHub Suite is provided by The TMHub LLC, a New Jersey limited liability company (“TMHub,” “we,” “us,” or “our”). This Agreement is between The TMHub and the entity or individual accepting these Terms (“Customer,” “you,” or “your”). Any individual who accesses the TMHub Suite under Customer’s account is an “Authorized User,” and Customer is responsible for all Authorized Users’ actions and omissions.

By accessing or using any part of the TMHub Suite, Customer and Authorized Users acknowledge that they have read, understood, and agree to be bound by this Agreement, along with our Privacy Policy and, if applicable, any Data Processing Addendum (“DPA”) entered into between TMHub and Customer. If you are accepting this Agreement on behalf of an organization, you represent and warrant that you have the authority to bind that organization to this Agreement. If you do not have such authority, you may not accept this Agreement or use the TMHub Suite on that organization’s behalf.

1. The TMHub Suite
1.1 Service Description

The TMHub Suite is a cloud-based business productivity platform designed to assist legal professionals and organizations in managing trademark-related workflows. The TMHub Suite may include functionality such as trademark search, monitoring of publicly available intellectual property records, docket and deadline tracking, matter organization, document and file management, reporting, notifications, and related workflow features. TMHub may modify, update, or discontinue portions of the TMHub Suite from time to time, including the addition, removal, or alteration of features.

1.2 Availability and Maintenance

The TMHub intends to make the TMHub Suite generally available; however, the TMHub Suite may be unavailable from time to time due to planned maintenance, emergency maintenance, updates, upgrades, outages, third-party service interruptions, governmental system outages, or causes beyond TMHub’s reasonable control. Unless TMHub expressly agrees to a separate written service level agreement signed by TMHub, the TMHub Suite is provided without any service-level commitment or uptime guarantee.

1.3 Documentation and Support

The TMHub may provide documentation, guides, onboarding materials, training resources, or support communications related to the TMHub Suite (collectively, “Documentation”). Documentation is provided for informational purposes and may change over time. TMHub may offer support through available channels described by TMHub, and TMHub may change its support practices, hours, or methods at any time.

2. Eligibility, Customer Responsibilities, and Authorized Users
2.1 Eligibility and Intended Use

The TMHub Suite is intended for use by law firms, attorneys, legal professionals, and related organizations for internal business purposes. Customer represents and warrants that it and its Authorized Users are legally permitted to use the TMHub Suite and will do so in compliance with applicable laws, regulations, and professional obligations.

2.2 Authority and Account Administration

Customer is responsible for establishing, administering, and maintaining its account, including designating Authorized Users, managing permissions, ensuring that only appropriate personnel have access, and promptly revoking access when an Authorized User no longer requires access. Customer is responsible for the accuracy and completeness of information provided to TMHub and for maintaining current account contact information.

2.3 Account Security

Customer is responsible for safeguarding all credentials, access tokens, API keys (if any), and authentication methods associated with Customer’s use of the TMHub Suite. Customer will use commercially reasonable efforts to prevent unauthorized access to or use of the TMHub Suite and will promptly notify The TMHub of any suspected unauthorized access, compromise, or security incident affecting Customer’s account.

2.4 Responsibility for Authorized Users

Customer is responsible for all actions taken through its account, including actions of Authorized Users and anyone else who gains access through Customer’s credentials. The TMHub is not responsible for regulating the conduct of Customer’s Authorized Users, nor for disputes between Customer and its Authorized Users or between Customer and Customer’s clients.

3. License Grant and Intellectual Property
3.1 License Grant

Subject to this Agreement, The TMHub grants Customer a limited, non-exclusive, non-transferable, non-sublicensable (except as expressly permitted in Section 3.4), revocable license during the term of this Agreement to access and use the TMHub Suite for Customer’s internal business purposes.

3.2 Ownership

As between the parties, The TMHub and its licensors retain all right, title, and interest in and to the TMHub Suite, Documentation, and all underlying technology, processes, algorithms, methods, designs, user interfaces, and intellectual property embodied therein, including all improvements, modifications, and derivative works thereof. Customer and Authorized Users acquire no ownership rights in the TMHub Suite or Documentation by virtue of this Agreement or their use of the TMHub Suite.

3.3 Feedback

If Customer or Authorized Users provide suggestions, ideas, requests, feedback, or recommendations regarding the TMHub Suite (“Feedback”), Customer grants The TMHub a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, transferable, and sublicensable license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose, without obligation to Customer.

3.4 Contractors and Service Providers

Customer may permit its contractors to access the TMHub Suite as Authorized Users solely to assist Customer’s internal business purposes, provided that such contractors are bound by confidentiality and use restrictions at least as protective as those in this Agreement, and Customer remains responsible for their acts and omissions.

4. Restrictions and Acceptable Use
4.1 General Restrictions

Customer and Authorized Users will not, and will not attempt to, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of the TMHub Suite; copy, modify, adapt, translate, or create derivative works of the TMHub Suite or Documentation except as expressly permitted by The TMHub in writing; rent, lease, sell, resell, sublicense, distribute, transfer, or otherwise exploit the TMHub Suite or make it available to any third party except as expressly allowed under this Agreement; access or use the TMHub Suite in order to build or support, or assist a third party in building or supporting, a competing product or service; access the TMHub Suite on behalf of a competitor or permit any individual acting on behalf of a competitor to access the TMHub Suite; interfere with or disrupt the integrity or performance of the TMHub Suite; attempt to gain unauthorized access to the TMHub Suite or related systems; introduce malware or harmful code; or use the TMHub Suite in violation of any applicable law or regulation.

4.2 Scraping, Automated Extraction, and Benchmarking

Customer and Authorized Users may not scrape, crawl, harvest, or use automated means to extract data, content, or information from the TMHub Suite, nor may they publish benchmark tests, performance results, or comparative analyses of the TMHub Suite without The TMHub’s prior written consent.

4.3 Compliance with Law

Customer and Authorized Users will use the TMHub Suite only in compliance with applicable law and professional obligations. Customer is solely responsible for determining whether use of the TMHub Suite is appropriate for Customer’s particular practices, policies, client obligations, and regulatory requirements.

5. No Legal Advice; Professional Responsibility; Non-Reliance
5.1 No Legal Advice and No Attorney-Client Relationship

The TMHub is not a law firm, does not practice law, and does not provide legal advice. The TMHub Suite is not intended to create, and does not create, an attorney-client relationship or any fiduciary relationship between The TMHub and Customer, Authorized Users, or Customer’s clients.

5.2 Non-Reliance and Independent Verification

Customer acknowledges and agrees that the TMHub Suite may rely on publicly available records and third-party data sources, including government databases. Such sources may contain delays, inaccuracies, omissions, or outages. Monitoring, alerts, reports, docket suggestions, and other outputs generated by the TMHub Suite are provided for informational and workflow purposes only. Customer and Authorized Users are solely responsible for independently verifying official records, deadlines, filings, and statuses through appropriate sources and procedures. Customer remains solely responsible for maintaining independent docket controls, redundancies, and supervision consistent with Customer’s professional obligations and the requirements of applicable rules of professional conduct.

5.3 No Responsibility for Missed Deadlines

Customer agrees that TMHub is not responsible for missed deadlines, late filings, failure to detect an event, reliance on alerts, or any consequences arising from Customer’s or Authorized Users’ use of the TMHub Suite or reliance on its outputs. Customer accepts that the TMHub Suite is a productivity tool and not a substitute for independent legal practice management safeguards.

6. Customer Data and Data Processing
6.1 Customer Data Definition

“Customer Data” means any data, documents, content, files, information, or materials submitted to or stored within the TMHub Suite by or on behalf of Customer or Authorized Users, including client-related information, notes, and uploaded documents.

6.2 Ownership of Customer Data

As between the parties, Customer retains all right, title, and interest in and to Customer Data. The TMHub does not claim ownership of Customer Data.

6.3 Permission to Process Customer Data

Customer grants The TMHub a limited license to host, copy, transmit, display, process, and otherwise use Customer Data solely to provide, maintain, secure, and improve the TMHub Suite, to provide support, and to fulfill The TMHub’s obligations under this Agreement. Customer represents and warrants that it has all rights and permissions necessary to provide Customer Data to The TMHub and to grant The TMHub the rights described in this Agreement.

6.4 Data Protection Roles

To the extent applicable under data protection laws, the parties acknowledge that Customer is the “Controller” or “Business” and The TMHub is the “Processor” or “Service Provider,” each as defined under applicable law, with respect to Customer Data containing personal data. If a Data Processing Addendum applies, it will govern the parties’ processing of personal data to the extent it conflicts with this Agreement.

6.5 Data Retention, Export, and Deletion

Upon termination or expiration of Customer’s account, The TMHub will make Customer Data available for export for a period of thirty (30) days following the effective date of termination, provided Customer’s account is in good standing and not terminated for prohibited conduct or legal requirements that prevent continued access. After the export period, The TMHub may permanently delete Customer Data from the TMHub Suite and The TMHub will have no obligation to retain Customer Data. Customer is responsible for exporting Customer Data before the export window closes. Customer acknowledges that deletion may be irreversible.

7. Confidentiality
7.1 Confidential Information

“Confidential Information” means non-public information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer’s Confidential Information may include Customer Data and non-public client-related or business information. The TMHub’s Confidential Information may include the TMHub Suite, Documentation, non-public product plans, and non-public technical information.

7.2 Use and Protection

The Receiving Party will use the Disclosing Party’s Confidential Information only to perform its obligations and exercise its rights under this Agreement and will protect the Confidential Information using at least reasonable care and no less than the degree of care it uses to protect its own confidential information of a similar nature.

7.3 Permitted Disclosures

The Receiving Party may disclose Confidential Information to its employees, contractors, and agents who have a need to know and who are bound by confidentiality obligations at least as protective as those in this Agreement. The TMHub may also disclose Customer Confidential Information to third-party service providers that support the TMHub Suite, provided such providers are subject to confidentiality obligations.

7.4 Compelled Disclosure

If the Receiving Party is required by law, regulation, or court order to disclose Confidential Information, the Receiving Party will, to the extent legally permissible, provide the Disclosing Party prompt notice and a reasonable opportunity to seek a protective order or otherwise contest the disclosure.

8. Security; Incident Notification
8.1 Security Measures

The TMHub implements commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, disclosure, alteration, and destruction. Customer acknowledges that no security measures are perfect or impenetrable and that the transmission of information over the internet carries inherent risks.

8.2 Security Incident Notification

If The TMHub confirms a material security incident that results in unauthorized access to Customer Data within The TMHub’s systems, The TMHub will notify Customer without unreasonable delay and provide information that The TMHub reasonably believes is necessary for Customer to meet any applicable notification obligations, taking into account the information available to The TMHub at the time.

9. Third-Party Services; Data Sources; Integrations
9.1 Third-Party Infrastructure and Vendors

Customer acknowledges that The TMHub relies on third-party infrastructure providers and vendors to operate the TMHub Suite. Interruptions or failures of such third-party services may impact availability, performance, or features of the TMHub Suite. The TMHub is not responsible for third-party interruptions beyond The TMHub’s reasonable control.

9.2 Government and Third-Party Data Sources

Customer acknowledges that the TMHub Suite may incorporate or reference data from government sources (including USPTO and WIPO systems) and other third-party data providers. Such sources may be incomplete, delayed, inaccurate, or unavailable. The TMHub does not warrant the completeness, timeliness, accuracy, or availability of third-party data.

9.3 Integrations

If the TMHub Suite permits Customer to enable integrations with third-party products or services, such integrations are provided for convenience and are used at Customer’s election and risk. Third-party integrations are governed by the third party’s terms, and TMHub is not responsible for third-party products, services, or their privacy and security practices.

10. Fees, Payment, and Taxes (When Applicable)
10.1 Subscription and Billing

If TMHub offers the TMHub Suite under a paid subscription, Customer agrees to pay all fees in accordance with the subscription terms presented at the time of purchase or renewal. Fees are billed in advance unless otherwise stated. Subscriptions renew automatically unless canceled prior to renewal in accordance with TMHub’s cancellation procedures.

10.2 Payment Authorization

Customer authorizes The TMHub (and its payment processors) to charge Customer’s designated payment method for all applicable fees, taxes, and charges. If Customer’s payment method fails or Customer’s account becomes past due, The TMHub may suspend or terminate access to the TMHub Suite until all outstanding amounts are paid.

10.3 Late Fees

Overdue amounts may accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law, plus reasonable collection costs.

10.4 Taxes

Customer is responsible for any applicable sales, use, value-added, withholding, or similar taxes arising from Customer’s subscription or use of the TMHub Suite, except for taxes based on The TMHub’s net income.

11. No SLA; Changes; Beta and Early Access
11.1 No SLA

Unless The TMHub expressly agrees otherwise in a separate written agreement signed by The TMHub, The TMHub does not provide an SLA or uptime guarantee. Any references to availability, performance, or uptime in marketing or documentation are aspirational and do not create binding commitments.

11.2 Changes to the TMHub Suite

The TMHub may change, modify, or discontinue features, functionality, or components of the TMHub Suite. The TMHub may also modify or discontinue the TMHub Suite in whole or in part. Where feasible, The TMHub will provide reasonable notice of material changes; however, The TMHub is not obligated to provide notice in all circumstances.

11.3 Beta and Early Access Features

Certain features may be labeled beta, early access, experimental, or similar. Such features may be unstable, may change without notice, and may be discontinued at any time. TMHub provides such features “as is” and without warranties or guarantees of any kind.

12. Disclaimer of Warranties

To the maximum extent permitted by law, the TMHub Suite and all Documentation, content, and services provided by TMHub are provided “as is” and “as available,” without any express, implied, or statutory warranties or conditions. The TMHub disclaims all implied warranties, including warranties of title, non-infringement, merchantability, fitness for a particular purpose, and uninterrupted or error-free operation. If applicable law does not allow the exclusion of certain warranties, then The TMHub’s warranties are limited to the minimum extent permitted by law.

13. Limitation of Liability

To the maximum extent permitted by law, The TMHub will not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, or for any loss of profits, revenue, goodwill, business interruption, loss of data, missed deadlines, or costs of substitute services, arising out of or relating to this Agreement or the TMHub Suite, even if The TMHub has been advised of the possibility of such damages.

To the maximum extent permitted by law, The TMHub’s total aggregate liability arising out of or relating to this Agreement or the TMHub Suite, regardless of the legal theory, will not exceed the greater of (a) five hundred dollars (US $500) or (b) the total fees actually paid by Customer to The TMHub for the TMHub Suite during the twelve (12) months immediately preceding the event giving rise to the claim.

The parties acknowledge that this limitation of liability is a fundamental basis of the bargain and reflects an allocation of risk.

14. Indemnification

Customer agrees to indemnify, defend, and hold harmless TMHub and its managers, members, employees, contractors, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) Customer Data, (b) Customer’s or Authorized Users’ use of the TMHub Suite, (c) Customer’s or Authorized Users’ violation of this Agreement, (d) Customer’s breach of professional obligations, or (e) disputes between Customer and Customer’s clients, employees, contractors, or Authorized Users.

15. Term and Termination
15.1 Term

This Agreement begins on the date Customer first accesses or uses the TMHub Suite and continues until terminated in accordance with this Agreement.

15.2 Termination by Customer

Customer may terminate its use of the TMHub Suite by canceling its subscription (if applicable) or by providing notice to The TMHub at [info@thetmhub.com]. Termination may take effect at the end of the then-current subscription term if Customer has an active paid subscription, unless otherwise required by law or agreed by The TMHub.

15.3 Termination or Suspension by The TMHub

The TMHub may suspend or terminate Customer’s or any Authorized User’s access to the TMHub Suite immediately upon notice if The TMHub reasonably believes that Customer or an Authorized User has violated this Agreement, poses a security risk, uses the TMHub Suite unlawfully, or if required by law. The TMHub may also suspend access for nonpayment.

15.4 Effect of Termination

Upon termination, all rights and licenses granted to Customer and Authorized Users cease. Customer’s access to the TMHub Suite will end, and Customer will be responsible for exporting Customer Data as described in Section 6.5. The TMHub may delete Customer Data after the export period described in Section 6.5.

15.5 Survival

Sections that by their nature should survive termination will survive, including Sections 3.2, 3.3, 4, 5, 6.5, 7, 12, 13, 14, 16, 17, 18, 19, and 20.

16. Export Control and Sanctions Compliance

Customer represents and warrants that Customer and Authorized Users are not located in, under the control of, or a national or resident of any country subject to U.S. embargoes or sanctions, and are not listed on any U.S. government restricted or prohibited party list, including those administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control. Customer agrees to comply with all applicable export control and sanctions laws and regulations in connection with the The TMHub Suite.

17. Limitation Period

Any claim, action, or proceeding arising out of or relating to this Agreement or the TMHub Suite must be brought within one (1) year after the cause of action arose, otherwise such claim is permanently barred, to the maximum extent permitted by law.

18. Dispute Resolution; Mandatory Binding Arbitration; Class Action Waiver; Jury Trial Waiver
18.1 Informal Resolution Period

The parties agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or the TMHub Suite by providing written notice of the dispute to the other party and allowing forty-five (45) days for informal resolution.

18.2 Mandatory Binding Arbitration

If a dispute is not resolved through the informal resolution process, the dispute will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Arbitration will be conducted by a single arbitrator and will take place in New Jersey, unless the parties agree otherwise. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

18.3 Waiver of Jury Trial

Customer and The TMHub each waive any right to trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement or the TMHub Suite.

18.4 Class Action Waiver

To the maximum extent permitted by law, Customer and Authorized Users agree that any dispute will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. The arbitrator may not consolidate more than one person’s claims without the parties’ consent.

18.5 Injunctive and Equitable Relief

Notwithstanding the foregoing, The TMHub may seek injunctive or equitable relief in state or federal courts located in New Jersey to protect its intellectual property rights, prevent unauthorized access or misuse of the TMHub Suite, or enforce confidentiality obligations. Customer acknowledges that monetary damages may be an inadequate remedy for such claims.

19. Notices and Electronic Communications

Customer consents to receive all notices, disclosures, and communications from The TMHub electronically, including by email, through the TMHub Suite, or by posting to The TMHub’s website. Notices will be deemed given when sent to the email address associated with Customer’s account (or posted within the TMHub Suite), regardless of whether Customer actually receives or reads the notice.

20. Publicity

Unless Customer opts out by providing written notice to The TMHub at [info@thetmhub.com], The TMHub may identify Customer as a customer of the TMHub Suite in The TMHub’s marketing materials, website, and similar communications during the period Customer maintains an active account.

21. Relationship of the Parties

Nothing in this Agreement creates a partnership, joint venture, agency, employment, or fiduciary relationship between The TMHub and Customer. The TMHub is not a party to any agreement between Customer and Customer’s clients, employees, contractors, or Authorized Users.

22. Assignment

Customer may not assign or transfer this Agreement, in whole or in part, without The TMHub’s prior written consent. The TMHub may assign this Agreement without Customer’s consent to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of The TMHub’s assets.

23. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties’ intent as closely as possible.

24. Waiver

No failure or delay by The TMHub in exercising any right under this Agreement will constitute a waiver of that right. Any waiver must be in writing and signed by an authorized representative of The TMHub.

25. Entire Agreement; Order of Precedence

This Agreement, together with the Privacy Policy and any applicable DPA, constitutes the entire agreement between The TMHub and Customer regarding the TMHub Suite and supersedes all prior or contemporaneous agreements, communications, and understandings. If there is a conflict between this Agreement and a DPA, the DPA will control solely with respect to personal data processing terms.

26. Governing Law

This Agreement is governed by the laws of the State of New Jersey, without regard to conflict-of-law principles.

27. Contact Information

The TMHub LLC
info@thetmhub.com