PARTIES TO THIS AGREEMENT

This User Agreement ("Agreement") is entered into by and between:

Salt Holdings, LLC ("ABIGAIL," "Provider," "we," "us," or "our"), a New York limited liability company, with its principal place of business at 160 Varick Street, 3rd Floor, New York, NY 10013;

AND

The User ("User," "you," or "your"), the individual or entity accepting this Agreement by creating an account or using the Platform, whether as a Licensed Practitioner or Pro Se Inventor as defined herein.

RECITALS

WHEREAS, ABIGAIL has developed an AI-powered platform designed to assist patent practitioners and pro se inventors in preparing responses to patent office actions;

WHEREAS, User desires to utilize the Platform for patent prosecution assistance purposes;

WHEREAS, the Platform is an AI-assisted tool that does not provide legal advice and requires professional oversight or, in the case of Pro Se Inventors, careful personal review;

WHEREAS, User acknowledges the inherent limitations of AI-generated content and the risks associated with patent prosecution;

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

ARTICLE I: INCORPORATION OF TERMS OF SERVICE

1.1 This Agreement incorporates by reference the ABIGAIL Terms of Service ("ToS"), available at https://abigail.app/terms, as may be amended from time to time. In the event of any conflict between this Agreement and the ToS, the ToS shall control unless this Agreement expressly states otherwise.

1.2 Capitalized terms used but not defined herein shall have the meanings ascribed to them in the ToS.

ARTICLE II: USER CLASSIFICATION AND ELIGIBILITY

2.1 User Categories

The Platform serves two distinct categories of Users:

(A) Licensed Practitioners: Patent attorneys, registered patent agents, European Patent Attorneys, or other individuals authorized to practice patent law and represent others before patent offices.

(B) Pro Se Inventors: Individual inventors who are the sole inventor of an invention and who elect to represent themselves before the United States Patent and Trademark Office pursuant to 35 U.S.C. § 33, without the assistance of a Licensed Practitioner.

2.2 Licensed Practitioner Representations

If you are using the Platform as a Licensed Practitioner, you represent and warrant that:

• You are a licensed patent attorney, registered patent agent, European Patent Attorney, or otherwise authorized by law to represent others before the applicable patent offices;
• You possess the professional qualifications, knowledge, and experience necessary to evaluate, verify, and approve all Output generated by the Platform before use;
• Your license or registration is in good standing and has not been suspended, revoked, or otherwise restricted;
• You will comply with all applicable professional responsibility rules, ethical obligations, and standards of practice.

2.3 Pro Se Inventor Representations and Requirements

If you are using the Platform as a Pro Se Inventor, you represent and warrant that:

• SOLE INVENTORSHIP: You are the SOLE inventor of the invention(s) for which you are using the Platform. You may NOT use the Platform as a Pro Se Inventor for joint inventions, applications naming multiple inventors, or inventions conceived or developed with others;
• SELF-REPRESENTATION ONLY: You are representing ONLY yourself before the USPTO. You are NOT using the Platform to prepare documents for any other person, entity, employer, or client;
• OWNERSHIP: At the time of using the Platform, you have not assigned all substantial rights in the invention to another party. If you have assigned your rights, you must engage a Licensed Practitioner;
• USPTO ONLY: Your Pro Se Inventor status under this Agreement applies ONLY to proceedings before the United States Patent and Trademark Office. For international filings (EPO, WIPO, PCT, foreign national offices), you must engage a Licensed Practitioner;
• FEATURE RESTRICTIONS ACCEPTED: You acknowledge and accept that as a Pro Se Inventor, you do NOT have access to: (i) analytics features; (ii) USPTO Patent Center integration; (iii) any other Third-Party Service integrations; or (iv) features designed for representing third parties;
• LEGAL AUTHORITY: You understand that your right to represent yourself before the USPTO derives from 35 U.S.C. § 33 and USPTO regulations, and that this right applies only to your own patent applications.

2.4 Ongoing Certification

Your classification as a Licensed Practitioner or Pro Se Inventor is a continuing representation. You agree to immediately notify ABIGAIL and update your account if your status changes, including but not limited to: loss of license, addition of co-inventors, assignment of rights, or any other change affecting your eligibility.

ARTICLE III: ACKNOWLEDGMENTS REGARDING THE PLATFORM

3.1 Nature of the Platform

User hereby acknowledges and agrees:

• The Platform is an AI-assisted productivity tool ONLY and does NOT provide legal advice, legal services, or professional patent prosecution services;
• No attorney-client relationship, fiduciary relationship, or professional engagement of any kind exists between User and ABIGAIL;
• ABIGAIL is not a law firm and does not engage in the practice of law in any jurisdiction;
• The Platform cannot and does not replace the professional judgment of a qualified patent practitioner or the careful review required for pro se prosecution.

3.2 AI Limitations and Risks

User acknowledges and understands:

• AI systems may produce inaccurate, incomplete, misleading, or legally incorrect Output ("hallucinations");
• Output may not reflect current law, regulations, patent office practices, or case law developments;
• Output may contain claim language, arguments, or strategies that are inappropriate for the specific facts and circumstances;
• Output must be treated as a draft starting point requiring comprehensive review, not as final work product;
• Use of unverified Output could result in loss of patent rights, narrowed claim scope, unenforceability, or other serious consequences.

3.3 Special Acknowledgments for Pro Se Inventors

IF YOU ARE A PRO SE INVENTOR, YOU SPECIFICALLY ACKNOWLEDGE AND UNDERSTAND:

• Patent prosecution is a complex legal process with significant consequences for your intellectual property rights;
• You do not have the training, education, or experience of a Licensed Practitioner, which significantly increases your risk of making errors;
• Errors in patent prosecution can result in permanent loss of patent rights, including rights that cannot be recovered;
• The Platform makes patent prosecution more accessible but does NOT make it risk-free;
• ABIGAIL strongly recommends that you consult with a Licensed Practitioner, particularly for commercially valuable inventions;
• Your decision to proceed pro se is entirely your own, and you assume ALL risks associated with that decision.

ARTICLE IV: USER RESPONSIBILITY

4.1 Complete Responsibility for Output

USER BEARS SOLE AND COMPLETE RESPONSIBILITY for:

• Reviewing, verifying, and approving all Output before use;
• All documents filed with any patent office, regardless of Platform assistance;
• Meeting all deadlines, fee requirements, and procedural obligations;
• The accuracy, correctness, and legal sufficiency of all filings;
• Any consequences resulting from reliance on Platform Output.

4.2 No ABIGAIL Responsibility

User agrees that ABIGAIL shall have NO responsibility or liability for any aspect of User's patent prosecution work, including but not limited to:

• The outcome of any patent application or prosecution;
• The scope, validity, or enforceability of any patent claims;
• Any actions or decisions by patent examiners, appeals boards, or courts;
• Missed deadlines or procedural defaults;
• Any third-party claims or challenges to User's patent rights.

ARTICLE V: THIRD-PARTY SERVICE ACCESS

5.1 Feature Availability by User Category

Third-Party Service integrations are available ONLY to Licensed Practitioners. Pro Se Inventors do NOT have access to USPTO Patent Center integration, EPO integration, or any other Third-Party Service integrations. Pro Se Inventors must interact with the USPTO directly and independently of the Platform.

5.2 Licensed Practitioner Third-Party Access

Licensed Practitioners who connect Third-Party Service accounts to the Platform:

• EXPRESSLY AND VOLUNTARILY AUTHORIZE ABIGAIL to access such services using their credentials for the purpose of providing Platform services;
• CONFIRM that such authorization is User-initiated;
• ACCEPT FULL RESPONSIBILITY for all activities conducted through their Third-Party Service accounts;
• WARRANT that they are the authorized account holder with all necessary rights to grant such access.

5.3 USPTO-Specific Acknowledgments (Licensed Practitioners Only)

Licensed Practitioners who connect their USPTO accounts acknowledge:

• They are solely responsible for compliance with the USPTO's Patent Electronic System Subscriber Agreement;
• They remain "responsible for all activities that occur under their account" per USPTO requirements;
• Platform use constitutes user-initiated automation under their direct control;
• The Platform does NOT perform bulk downloads or high-volume automated queries;
• ABIGAIL assumes NO liability for USPTO actions including account suspension or revocation.

ARTICLE VI: DATA PROTECTION AND CONFIDENTIALITY

6.1 No Use for AI Training

ABIGAIL HEREBY COVENANTS AND AGREES THAT IT WILL NOT USE USER CONTENT TO TRAIN, FINE-TUNE, IMPROVE, OR OTHERWISE DEVELOP ITS AI MODELS OR ANY THIRD-PARTY AI MODELS. User's confidential patent documents, prosecution strategies, claims, specifications, and other User Content will not be used as training data. ABIGAIL's AI models are proprietary and pre-trained; they process User Content solely to generate Output for User's immediate use.

6.2 Confidentiality of User Content

ABIGAIL acknowledges that User Content may include unpublished patent applications containing trade secrets, confidential business information, and (for Licensed Practitioners) privileged attorney-client communications. ABIGAIL agrees to maintain the confidentiality of User Content in accordance with the Terms of Service and Privacy Policy.

6.3 International Data Protection

User acknowledges that data is processed and stored in the United States. User is solely responsible for compliance with GDPR, PIPL, APPI, PIPA, and all other applicable data protection laws. A Data Processing Agreement (DPA) is available upon request to legal@abigail.app.

6.4 Device Information and Fraud Prevention

We collect device information including browser type, operating system, screen resolution, and similar technical characteristics ("device fingerprint") to prevent fraud and abuse of our platform. This information helps us detect when the same device attempts to create multiple accounts to abuse promotional credits or otherwise violate our Terms of Service.

GDPR Compliance: Device fingerprinting is permissible under GDPR with user consent. By using our platform, you consent to this collection. We minimize collection of private identifiers (IMEI, IDFA) and only collect non-invasive signals like browser characteristics.

We do NOT:

• Track your location beyond IP-based country detection for fraud prevention;
• Collect unique device identifiers like IMEI or IDFA;
• Share device fingerprint data with third parties;
• Use device data for advertising purposes.

We DO:

• Use device fingerprints solely for fraud prevention and platform security;
• Retain device data for a maximum of 90 days;
• Allow you to request deletion of device data by contacting legal@abigail.app.

ARTICLE VII: ASSUMPTION OF RISK AND RELEASE

7.1 Assumption of Risk

USER EXPRESSLY ASSUMES ALL RISKS associated with the use of the Platform and any Output, including but not limited to:

• Risk of errors, omissions, or inaccuracies in Output;
• Risk of missed deadlines or procedural requirements;
• Risk of adverse outcomes in patent prosecution;
• Risk of loss of patent rights or patent protection;
• Risk of narrowed claim scope or unenforceability;
• For Licensed Practitioners: risk of malpractice claims or professional liability;
• For Pro Se Inventors: all risks inherent in self-representation without professional assistance;
• Risk of regulatory or disciplinary action.

7.2 Release and Covenant Not to Sue

TO THE MAXIMUM EXTENT PERMITTED BY LAW, USER HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE ABIGAIL, its affiliates, officers, directors, employees, agents, licensors, and service providers from any and all claims, demands, actions, causes of action, damages, losses, costs, liabilities, and expenses (including attorneys' fees) arising out of or related to:

• User's use of the Platform or any Output;
• Any patent prosecution activities conducted with assistance from the Platform;
• Any documents filed with any patent office;
• Any actions taken by patent offices, courts, or other authorities;
• Any third-party claims arising from User's use of the Platform.

7.3 Waiver of Unknown Claims

User expressly waives any rights or benefits under any statute, regulation, or common law principle that would otherwise limit the scope of a general release to claims that User knows or suspects to exist at the time of executing this release, including but not limited to California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

ARTICLE VIII: INDEMNIFICATION

USER SHALL 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 and expert witness fees) arising out of or related to:

• User's use of the Platform;
• User Content;
• User's use of or reliance on Output;
• Documents filed with any patent office;
• Violation of any third-party rights;
• Violation of Third-Party Service terms;
• Misrepresentation of User classification (Licensed Practitioner vs. Pro Se Inventor);
• For Pro Se Inventors: use of the Platform for applications where User is not the sole inventor;
• For Licensed Practitioners: professional malpractice claims or violation of professional responsibility rules;
• Any breach of this Agreement or the ToS.

ARTICLE IX: ACKNOWLEDGMENT CHECKLIST

By accepting this Agreement electronically, User confirms having read and understood each of the following:

ALL USERS:

ADDITIONAL ACKNOWLEDGMENTS FOR PRO SE INVENTORS:

ADDITIONAL ACKNOWLEDGMENTS FOR LICENSED PRACTITIONERS:

ARTICLE X: GENERAL PROVISIONS

10.1 Entire Agreement

This Agreement, together with the Terms of Service and Privacy Policy incorporated herein by reference, constitutes the entire agreement between the parties regarding the subject matter hereof.

10.2 Governing Law

This Agreement 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.

10.3 Dispute Resolution

All disputes arising under this Agreement shall be resolved through binding arbitration in New York, New York, as set forth in Section 19 of the Terms of Service.

10.4 Severability

If any provision is found invalid or unenforceable, such provision shall be modified to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

10.5 Amendment

ABIGAIL may amend this Agreement by posting a revised version. Material changes will be effective upon the earlier of: (a) User's acceptance; or (b) User's continued use of the Platform after fourteen (14) days' notice.

10.6 Assignment

User may not assign this Agreement without ABIGAIL's prior written consent. ABIGAIL may freely assign this Agreement.

ELECTRONIC ACCEPTANCE

BY CLICKING "I AGREE," "ACCEPT," OR SIMILAR BUTTON, OR BY CREATING AN ACCOUNT AND USING THE PLATFORM, YOU:

• Acknowledge that you have read this entire Agreement and the Terms of Service;
• Understand all terms, conditions, acknowledgments, and risks;
• Voluntarily agree to be bound by this Agreement;
• Confirm that your electronic acceptance has the same legal effect as a handwritten signature;
• Have had the opportunity to consult with legal counsel before accepting;
• Meet all eligibility requirements for your selected User classification; and
• Certify that all representations made during account creation are true and accurate.

CONTACT INFORMATION

Salt Holdings, LLC

160 Varick Street, 3rd Floor

New York, NY 10013

General: info@abigail.app

Legal: legal@abigail.app

[END OF USER AGREEMENT]

Document Version: 2.1

Last Updated: January 20, 2026