Terms of Service

Version 1.1 · Effective 2 October 2026

These terms are a contract between you and Kostyrin Maksym ("we", "us"), the provider of GuardMyMark at https://guardmymark.com. We are a sole proprietor registered in Ukraine, address Milutenka 23, Kyiv. Questions: support@guardmymark.com.

Summary. GuardMyMark is software for businesses. You pay through Creem, our reseller. You own your data. You can cancel at any time and export your data first. We do our best to keep the service running and your data safe, but the software is provided "as is", and our liability is limited to what you paid us in the last 12 months. The summary is for convenience; the full text below is what applies.

Who can use the service
Your account
Free tools, trials and free plans
Plans, payment and Creem
Cancellation and refunds
Your data
Connected third-party systems
AI features
Acceptable use
Our intellectual property and feedback
Availability, support and changes to the service
Suspension and termination
Warranties and disclaimers
Limitation of liability
Indemnity
Confidentiality
Governing law and disputes
Changes to these terms
General
Product-specific terms
Contact

1. Who can use the service

GuardMyMark is for use in a business, trade or profession. It is not intended for personal, family or household use. By creating an account or using the service you confirm that:

you are at least 18 years old;
you use the service for business purposes; and
if you sign up on behalf of a company or other organisation, you have authority to accept these terms for it. In that case "you" means that organisation.

You may not use the service if you are subject to sanctions that prohibit us from dealing with you, or if you are located in a region where we or Creem cannot provide the service.

2. Your account

Keep your sign-in details (email inbox, Google account) secure. You are responsible for everything done through your account.
Give us accurate information and keep your email address current. We send important notices there.
If you invite team members, you are responsible for them following these terms.
Tell us at support@guardmymark.com straight away if you think your account has been accessed without permission.

3. Free tools, trials and free plans

We offer some things for free: public tools on our website, free trials and, for some products, a free plan (details in section 20).

Free tools, trials and free plans are provided as is, with no commitment on availability or support, and we may change, limit or withdraw them at any time.
We may apply fair-use limits (for example, a number of runs per day) to prevent abuse.
When a trial ends you move to a paid plan only if you choose one and pay. We do not charge you automatically at the end of a trial unless the checkout page clearly said so and you entered payment details for that purpose.

4. Plans, payment and Creem

Creem is our reseller. Our order process is conducted by our online reseller Creem. Creem is the Merchant of Record for all our orders. Creem handles customer service inquiries related to payment and handles returns (refunds). When you buy, you also accept Creem's buyer terms, which are linked at checkout and apply to the purchase.
Prices are shown on our pricing page and at checkout. Creem adds sales tax or VAT where required. If you enter a valid VAT or tax ID, Creem may apply the reverse charge.
Subscriptions renew automatically at the end of each billing period (monthly or yearly) until you cancel. The checkout page and your receipt show the price, the billing period and the renewal date.
Upgrades take effect straight away; Creem charges the prorated difference. Downgrades take effect at the next renewal. If your usage exceeds your plan's limits we will ask you to upgrade before we charge anything extra; we never bill surprise overages.
Price changes apply from your next renewal. We will email you at least 30 days before a price increase affects you, so you can cancel first.
Failed payments. If a payment fails, Creem will retry. If it still fails after a grace period of about 14 days, we may move your account to a free or read-only state until it is paid.

5. Cancellation and refunds

You can cancel at any time in your account's billing settings (or by using the link in your Creem receipt). Cancellation stops the next renewal; you keep access until the end of the period you have paid for.
Refunds follow our Refund Policy, which is part of these terms.
Nothing in these terms limits any refund or withdrawal right you have by law that cannot be excluded.

6. Your data

"Customer Data" means data you or your users put into the service, or that the service fetches on your instructions from systems you connect (for example your help center, website or store), together with the results the service produces from it.

You own your Customer Data. You give us a limited permission to host, copy, process and display it only as needed to provide, secure and support the service for you, and as described in our Privacy Policy.
We do not sell your data and we do not use Customer Data to train AI models, ours or anyone else's.
Personal data. Where Customer Data includes personal data, we process it as your processor (service provider) under our Data Processing Addendum, which forms part of these terms. By accepting these terms you also accept the DPA.
Your responsibilities. You are responsible for the Customer Data you give us, for having the right to use it, and for giving any notices and obtaining any consents the law requires from the people it relates to.
Anonymous usage statistics. We may use aggregated and de-identified data about how the service is used (for example, counts of features used, error rates, or median results across all accounts) to operate and improve the service and to describe it publicly. Such data never identifies you, your users or the people in your data.
Export and deletion. You can export your data while your account is active, and for 30 days after it ends (see section 12). After that we delete it, except copies in backups, which expire within 60 days, and records we must keep by law.
Backups are not your archive. We back up the service to recover from failures, not as a service for you. Keep your own copies of anything important.

7. Connected third-party systems

The service may connect to systems you use, such as a help desk, website builder or e-commerce platform ("Third-Party Systems").

You authorise us to access each connected Third-Party System with the permissions you grant, and only to provide the service.
Your use of a Third-Party System is governed by your contract with its provider. We are not responsible for Third-Party Systems, their availability, or changes to their APIs that stop a feature from working. If such a change makes a core feature impossible, we will tell you and you may cancel and ask for a prorated refund of prepaid fees for the unused period.
Where the service can change data in a Third-Party System (for example publish or update content), it does so only after you confirm the change. You are responsible for reviewing changes before you confirm them.
You can disconnect a Third-Party System at any time; we then stop accessing it and delete the credentials we held for it.

8. AI features

Some features use artificial intelligence (large language models) provided by a subprocessor listed on our Subprocessors page.

AI output can be wrong. It may be inaccurate, incomplete, out of date or inappropriate. Review it before you rely on it or publish it. We label AI-generated content in the product, and where AI output would be published we create it as a draft for your review unless you explicitly choose otherwise.
You own the output, as far as the law allows, and you are responsible for how you use it. Output may be similar to output produced for others.
No training. Content sent to our AI provider is not used to train its models, under that provider's commercial terms.
AI transparency. If you publish AI-assisted content, you are responsible for any disclosure the law requires of you.
You must not use AI features to create content that is unlawful or that breaches section 9.

9. Acceptable use

You must not, and must not let anyone else:

break the law, or infringe anyone's rights (including privacy, intellectual property and consumer-protection rights);
use the service to send spam, or to call or text people without the consent the law requires;
upload malware, or try to probe, scan or break the security of the service or of any Third-Party System you are not authorised to test;
access the service by automated means other than the interfaces we provide, or overload it (for example by running free tools at a volume that exceeds normal use);
use free tools on systems or data that you have no right to use;
resell, sublicense or offer the service to third parties as a service bureau, except as a feature explicitly offered by your plan;
copy or reverse-engineer the service, or use it to build a competing product;
process special categories of personal data (health, biometrics, religion and similar), data about criminal convictions, payment-card numbers, or government ID numbers in the service, unless the product-specific terms say this is allowed; or
misrepresent your identity or impersonate a business you do not represent.

We may remove content or restrict features that breach this section.

10. Our intellectual property and feedback

We (and our licensors) own the service, including the software, design, documentation and our trademarks. We give you a non-exclusive, non-transferable right to use the service during your subscription, under these terms. If you send us ideas or feedback, we may use them freely without paying you or naming you.

11. Availability, support and changes to the service

We aim for the service to be available at all times but do not promise any specific uptime. We may pause it for maintenance, preferably outside business hours in your region and with notice where it is planned.
Support is by email and in-app chat, during business days, on a best-effort basis. We are a one-person company; please allow up to two business days for a reply.
We improve the service over time. We may change or remove features. If we remove a core feature of your paid plan, we will give you at least 30 days' notice, and you may cancel and receive a prorated refund of prepaid fees for the unused period.

12. Suspension and termination

You can close your account at any time from your account settings or by emailing support@guardmymark.com.
We may suspend or close your account (a) if you seriously or repeatedly breach these terms, especially section 9; (b) if you don't pay; (c) if required by law, by a court, or by Creem; or (d) if continuing would expose us or others to legal liability or a security risk. Where reasonable, we will warn you first and give you a chance to fix the problem.
We may stop providing the service entirely with at least 60 days' notice. We will refund prepaid fees for the unused period.
After termination: you can export your data for 30 days (in read-only mode where the product supports it), then we delete it as described in section 6. Sections that by their nature should survive termination (including 6, 10, 13–17 and 19) survive.

13. Warranties and disclaimers

We will provide the service with reasonable skill and care. Except for that, and to the extent the law allows, the service is provided "as is" and "as available". We do not promise that it will be error-free or uninterrupted, that it will find every problem in your data, or that its results (including AI output, checks, estimates and suggestions) are accurate or suitable for your purposes. You decide what to do with the results.

14. Limitation of liability

Nothing in these terms limits liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, or for fraud or wilful misconduct.
Subject to point 1, neither of us is liable for indirect or consequential loss, or for loss of profits, revenue, business, goodwill or anticipated savings, however it arises.
Subject to point 1, each party's total liability arising out of or in connection with these terms and the service, in any 12-month period, is limited to the greater of (a) the fees you paid for the service in the 12 months before the event giving rise to the claim, and (b) US $100.
The cap in point 3 does not apply to your payment obligations or to your obligations under section 15.
We are not liable for failures caused by events outside our reasonable control, including failures of Third-Party Systems, internet or hosting outages, and changes to third-party APIs.

15. Indemnity

You will defend and compensate us against claims by third parties (including regulators and the people in your data) and related costs, to the extent they arise from your Customer Data, your breach of section 9, or your breach of the law in how you use the service (for example, contacting people without consent). We will tell you promptly about any such claim and let you control the defence.

16. Confidentiality

Each of us will keep the other's non-public information confidential, use it only for the purposes of these terms, and protect it with reasonable care. This does not apply to information that is public, already known to the recipient, independently developed, or that must be disclosed by law (with notice to the other party where allowed).

17. Governing law and disputes

These terms are governed by the laws of Ukraine. Before starting any legal proceedings, please contact us at support@guardmymark.com so we can try to resolve the issue informally; most issues are resolved quickly this way. If we can't resolve it within 30 days, the courts of Kyiv, Ukraine have jurisdiction, unless mandatory law gives you the right to bring proceedings elsewhere.

18. Changes to these terms

We may update these terms, for example when we add features or when the law changes. For material changes we will email account owners and show a notice in the product at least 30 days before the change takes effect. If you don't agree, you may cancel before then and we will refund prepaid fees for the unused period after the change takes effect. Otherwise the new terms apply from the effective date. Minor changes (such as clarifications or new optional features) take effect when published. The version and effective date appear at the top of this page.

19. General

Entire agreement. These terms, the Refund Policy, the DPA and any order you place through Creem are the whole agreement about the service. The Privacy Policy explains how we handle personal data.
Order of precedence. If they conflict: the DPA (for personal data), then the product-specific terms in section 20, then these terms, then the Refund Policy.
Assignment. You may not transfer these terms without our consent. We may transfer them to a company we set up or that acquires the product, and will tell you if we do.
No waiver. If we don't enforce a right straight away, we can still enforce it later.
Severability. If a court finds part of these terms unenforceable, the rest stays in force.
Notices. We send notices to the account owner's email address. You send notices to support@guardmymark.com.
Language. These terms are written in English. If we provide a translation, the English version prevails.
Independent parties. Nothing in these terms makes us partners, employees or agents of each other.

20. Product-specific terms

20.1 What the service does

GuardMyMark is web software for businesses. Every day we read what the trademark registers listed on our website publish about new applications, compare each new filing with the marks you asked us to watch, score the resemblance, and tell you which filings look similar and when the published opposition window for each one closes. We may also watch for lookalike domain names in public Certificate Transparency logs. The features available to you, and the registers we read for you, are the ones described on our website and included in your plan — today that is the United States register; others follow as each office grants us access, and we do not promise one before it does.

20.2 Where the service is offered

GuardMyMark is sold to businesses established in the United States. That is about who may buy it, not about whose marks it can watch: which registers we read is 20.1, and it does not depend on where your own registrations are held. We may refuse or end service where the law, sanctions or Creem do not allow it.

20.3 We are not a law firm, and nothing we send you is advice

This is the most important term in this document.

We are not a law firm, not trademark attorneys and not your agent. Nothing we send you is legal advice, and using GuardMyMark creates no attorney-client relationship.
A similarity score says that a filing resembles your mark. It does not say that the filing infringes your rights, that an opposition would succeed, or that you should file one. We never make that recommendation, in the app, in an email, in a PDF or in support.
A closing date is computed from the publication date in the register and that office's published deadline rules. Registers are corrected, deadlines are extended and rules change. Treat every date we give you as a prompt to act early and confirm it with the office or your attorney before you rely on it.
Deciding what to do is yours. Forward the notice and the attorney pack to a trademark attorney in the jurisdiction concerned and let them advise you. Watching a mark with us does not transfer responsibility for that mark to us; it stays with you and your advisers.

The same words, in plainer form, are on our Disclaimer page.

20.4 Register data, coverage and accuracy

The register data we show you comes from the offices themselves and is reproduced as we received it. We do not guarantee that our copy is complete, current or correct: an office can publish late, change a record, or publish something we fail to parse, and a filing that matters to you can be missed. We watch our own ingest for gaps and alert ourselves when a day's record count looks wrong, but GuardMyMark is a second pair of eyes, not a substitute for your own docketing or your attorney's watch. Sections 13 and 14 above apply to this in full.

Which registers are covered depends on your plan and on the access each office grants us. We may add or remove a register, and will tell you if a register you are watching is affected.

20.5 The free clash check

The free check needs no account and is offered as it is. Its report lives at an unguessable link so that you can forward it; anyone who holds the link can read that report, so treat the link as the only thing protecting it. We rate-limit the free check and may block automated use of it. You may not scrape it or resell its output.

20.6 Links in emails

Because an email is read outside a browser session, the links in a weekly notice carry a signed token rather than a login. A token covers one filing, or the on/off switch for the notice itself. If you forward a notice, the person you forwarded it to can see that one filing and act on it. Keep your calendar-feed URL private for the same reason.

21. Contact

GuardMyMark Milutenka 23, Kyiv, Ukraine Email: support@guardmymark.com

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