Terms of Service

By accessing, registering for, or using the Morpheus Mark platform ("Service"), you ("Client") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any other legal notices published on our website.

If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, you must not accept these Terms or use the Service.

2.1 Morpheus Mark Platform

Morpheus Mark is an AI-powered trademark enforcement platform that provides automated monitoring, detection, and enforcement services for intellectual property rights holders.

2.2 Core Services

• Automated Monitoring: Continuous monitoring of 200+ online marketplaces for trademark infringements
• AI-Powered Detection: Advanced algorithms for identifying counterfeit and infringing products
• Case Management: Automated creation and management of legal cases and documentation
• Settlement Negotiation: AI-assisted settlement processes with defaulting sellers
• Evidence Collection: Automated screenshot capture and evidence preservation
• Client Portal: Secure dashboard for monitoring enforcement activities and results

2.3 Service Limitations

Our Service is designed to complement, not replace, traditional legal counsel. While we provide advanced automation and AI capabilities, complex legal matters may require additional human attorney review and intervention.

As a Client using the Morpheus Mark Service, you agree to:

3.1 Intellectual Property Ownership

• Ensure you own valid, enforceable trademark rights for all brands submitted for monitoring
• Maintain active trademark registrations and provide current registration documentation
• Immediately notify us of any changes to your trademark portfolio or ownership
• Defend against any challenges to your trademark rights

3.2 Accurate Information

• Provide accurate, complete, and up-to-date information when registering for the Service
• Maintain the confidentiality of your account credentials
• Promptly update any changes to your contact information or business details

3.3 Cooperation

• Provide necessary documentation and evidence for enforcement actions
• Respond promptly to requests for information or decisions
• Approve or decline settlement offers within reasonable timeframes
• Provide testimony or affidavits when required for legal proceedings

3.4 Prohibited Uses

You agree not to:

• Use the Service for monitoring competitors' legitimate products
• Submit fraudulent or unsubstantiated infringement claims
• Attempt to interfere with or disrupt the Service's operation
• Reverse engineer or attempt to extract our proprietary algorithms
• Use the Service for any illegal or unauthorized purpose

4.1 Service Fees

Our fee structure is based on the services selected and scope of enforcement required:

4.2 Payment Terms

• All fees are due within 30 days of invoice date
• Late payments are subject to interest at 1.5% per month
• Services may be suspended for non-payment after 60 days
• All payments are non-refundable except as specified in these Terms

4.3 Settlement Proceeds

Settlement proceeds are distributed according to the terms of your individual service agreement. The specific fee structure and distribution arrangement will be outlined in your engagement letter and may vary based on the nature of the case, jurisdictions involved, and services provided.

5.1 Confidential Information

Both parties agree to maintain the confidentiality of all non-public information shared during the course of our business relationship, including but not limited to:

• Trademark portfolio details and enforcement strategies
• Business information and trade secrets
• Case details, settlement negotiations, and legal strategies
• Financial information and settlement amounts
• Technical information about our AI algorithms and processes

5.2 Attorney-Client Privilege

Communications between Clients and our attorneys are protected by attorney-client privilege. This privilege extends to communications made through the Morpheus Mark platform and related to legal advice or strategy. We will not disclose privileged communications without your explicit consent, except as required by law or court order.

5.3 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available through no fault of the receiving party
• Is lawfully received from a third party without restriction
• Is required to be disclosed by law, regulation, or court order
• Is necessary for legal proceedings or enforcement actions

6.1 Client Intellectual Property

You retain all rights, title, and interest in your trademarks, brand materials, and other intellectual property submitted to the Service. You grant us a limited, non-exclusive license to use your intellectual property solely for the purpose of providing the enforcement services described in these Terms.

6.2 Morpheus Mark Intellectual Property

The Morpheus Mark platform, including but not limited to our software, algorithms, databases, user interfaces, documentation, and methodologies, is protected by copyright, trademark, trade secret, and other intellectual property laws.

6.3 Restrictions

You may not:

• Copy, modify, or create derivative works of our platform
• Reverse engineer, decompile, or attempt to extract our source code or algorithms
• Use our proprietary technology for competing services
• License, sublicense, sell, or transfer any rights to our platform

7.1 Service Availability

We strive to maintain 99.5% uptime for the Morpheus Mark platform. Scheduled maintenance may be required and will be announced at least 24 hours in advance when possible.

7.2 Support Services

7.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, for any reason, including but not limited to compliance with law or changes in our business strategy.

8.1 Disclaimer of Warranties

We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 Limitation of Damages

To the maximum extent permitted by law, our total liability arising from or relating to these Terms or the Service shall not exceed the total fees paid by you in the twelve (12) months preceding the claim.

8.3 Exclusion of Consequential Damages

In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.

8.4 No Guarantee of Results

While we use advanced AI and legal technology, we cannot guarantee specific outcomes, recovery amounts, or success rates in enforcement actions. Results may vary based on numerous factors beyond our control.

You agree to indemnify, defend, and hold harmless Hucke & Sanker PLLC, Morpheus Mark, and our officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses, and attorney's fees arising from:

• Your breach of these Terms of Service
• Your violation of any rights of a third party
• Your infringement of any intellectual property rights
• Any false or inaccurate information you provide
• Your use or misuse of the Service

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist us and cooperate with reasonable expenses in asserting any available defenses.

10.1 Term

These Terms shall remain in effect for as long as you use the Morpheus Mark Service, unless terminated earlier in accordance with this section.

10.2 Termination by Client

You may terminate your account and these Terms at any time by:

• Providing 30 days written notice to support@morpheusmark.com
• Paying all outstanding fees and expenses
• Arranging for the transfer of any active cases to another counsel

10.3 Termination by Morpheus Mark

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you:

• Breach these Terms of Service
• Use the Service for illegal or unauthorized purposes
• Fail to pay fees when due
• Engage in conduct that damages our reputation or business

10.4 Effect of Termination

Upon termination, your right to use the Service will cease immediately. We will retain case files and evidence as required by law and professional ethics. All outstanding fees remain due and payable.

11.1 Governing Law

These Terms of Service and any disputes arising from or relating to these Terms or the Service 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 law principles.

11.2 Arbitration Agreement

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in New York, New York, and the arbitrator's award shall be final and binding.

11.3 Class Action Waiver

You and Morpheus Mark agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative action.

11.4 Jurisdiction

Any action or proceeding arising from these Terms shall be brought in the state or federal courts located in New York County, New York, and you hereby irrevocably consent to the exclusive jurisdiction and venue thereof.

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to our website or notifying you by email. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

Material changes that adversely affect your rights will be communicated at least 30 days before taking effect. If you do not agree to the modified Terms, you must terminate your account and stop using the Service.

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices, constitute the entire agreement between you and Morpheus Mark regarding the Service.

13.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will remain in full force and effect.

13.3 No Waiver

Our failure to enforce any provision of these Terms will not be considered a waiver of any provision or right.

13.4 Assignment

You may not assign or transfer these Terms or any rights herein without our prior written consent. We may freely assign these Terms without restriction.

If you have any questions about these Terms of Service, please contact us: