A summary page of the legal agreements associated with Thortspace App and Thortspace Free Cloud and Thortspace Premium Cloud services (sometimes referred to as “Thortcloud” or “Thort.cloud”) can be found here: Legal Documents.

1. BASIC INFORMATION

Thortspace (sometimes written as “thort.space”) refers to the Thortspace Free App software or Thortspace Web Browser version provided as freeware by Gooisoft Limited.
Using technical jargon, this is sometimes called the “client software”, because it runs on a given user’s local machine.
The phrase “client software” is meant to distinguish it from the “server-side” software and “online-services” software which typically runs on a server machine, or in a data centre, and which the client software connects to over a local or wide area network to obtain services from it.
Thortcloud (sometimes written to as “thort.cloud”) refers to the Thortspace Free Cloud and Thortspace Premium Cloud Services provided to work in combindation and in association with this software.
This service is provided to the client software by means of a connection over the internet.

This software and this service is provided subject to the following Terms and Conditions as laid out in the numbered sections below.

Contact Us
Gooisoft Limited is a UK Limited Company with offices in London and Dorset, UK.
Email equiries@gooisoft.com
More contact information can be found on the Contact us page on the thortspace.com website.

2. BACKGROUND

Gooisoft Limited provides a piece of client application software called “Thortspace” and a related user interface that works via Web Browsers and provides some of the same functionality.
This software is available to download and install on Windows and Mac desktop computers and available to install as an “App” on Android and Apple tablet devices (such as the Nexus10 or the iPad).
Users may also like to install the App on Android and Apple phones.

The Thortspace software stores a user’s entered text, pictures and links in cicular “bubbles” which we call “thorts”.
These thorts may be arranged in a disparate variety of arrangements connected by “paths”, where such arrangements include hexagonal lattices.
Groups of these arrangements are moveably locatable on three-dimensional spherical surfaces (ie. “spheres”).
Such spheres may be visually embedded in each other or alternatively connected to each other by means of linking tubes.
Networks of such connected spheres we call “sphere networks”.

Users of Thortspace App software may use the software in a “stand-alone” manner on any of their devices such as described at the top.
As such there is no requirement to register or log-in to the Thortspace Free Cloud or Thortspace Premium Cloud services.

Alternatively, users may like to register for a Thortspace Free Cloud Service account, only or primarily to collaborate on spheres that have been shared with them by other users.
This service is also provided free of charge.

For users that want to provide a leadership role in using Thortspace App, there is a paid subscription service called Thortspace Premium Cloud available which enables thortspace users to:

  • Create new sharable spheres and share them with other users. (These spheres can then be worked on at different times by different users, but always seeing the same content as each other.)
  • Collaborate in realtime on spheres you have yourself shared with other users, by means of data sent over an internet connection.
  • Synchronise all your thortspace spheres across devices, so that all your spheres are consistent on every device.
  • Use an integrated internet picture search to add pictures to your spheres.
  • Publish Thortspace Spheres and Thortspace Journeys to the world at large, so that anyone can view them.
  • Don’t lose your sphere data if your device stops working.

3. THE AGREEMENT

As a user of the Thortspace client software (“the App”), on any device type, in combination with or not in combination with the Thortspace Cloud Services that enhance its use, you are agreeing to the license terms and conditions set out in the numbered sections on this page, and also the following related documents:

4. THE PARTIES TO THE AGREEMENT

The parties to this agreement are you (as a user of the Thortspace software) and Gooisoft Limited (the provider and maintainer of the software) whose registered office is: ARGENTUM HOUSE, 24 NEELD CRESCENT, LONDON. NW4 3RR. Company No. 08276649 (a UK Limited Company).

5. SCOPE OF THE SOFTWARE AND SERVICE PROVISION

The Thortspace client application software (“the App”) and Thortspace Cloud Services (sometimes referred to as “Thortcloud” or “Thort.cloud”) may not be tampered with without the prior written consent of Gooisoft Limited.
Any use of the Thortspace client application software (“the App”) beyond the scope of options provided within the software by Gooisoft requires the prior written consent of Gooisoft Limited.
Any use of the Thortspace Free Cloud or Thortspace Premium Cloud services beyond the scope of options provided by interacting with it within the Thortspace client software requires the prior written consent of Gooisoft Limited.
Any use of the Thortspace.com web site beyond the scope of options provided by Gooisoft requires the prior written consent of Gooisoft Limited.

Gooisoft shall only make data and/or information provided by the User available for uses that are legal and comply with these Terms of use and service. In particular, storage of all such data is subject to the Use Guidelines and the provision of all such data shall comply with the Privacy Policy.

IMPORTANT: Gooisoft is entitled to destroy any data that has been stored by our online services which does not comply with the “Use Guidelines” as specified in the Use Guidelines document without prior notice to the User.

IMPORTANT: The User acknowledges and agrees that as networking technologies currently are it is technically impossible to guarantee 100% reliability of any online service, and the Thortspace online service and the Thortspace.com web site are unlikely to be an exception to this situation. Notwithstanding this, Gooisoft shall endeavor to keep the Thortspace online service and the Thortspace.com web site available without interruption.

Events related to maintenance, security or capacity requirements, and/or events beyond the control of Gooisoft Limited, such as disruptions in public communication networks or failures by our third party service suppliers such as Google inc., may result in temporary interruptions to the service provided by means of the Thortspace online service and the Thortspace.com web site.

In addition, please by advised that the Thortspace App (client application software) uses 3D Graphics technologies to run – the same technologies that are being used in modern 3D-graphics-based games. Consequently not every hardware device has the capability of run this software (although a large majority of devices do). Please refer to our user forums or a post a question there if you have any question or problem related to getting the Thortspace App (client application software) to run correctly on a particular hardware device. The kind of difficulties you may encounter will be the same as you encounter in trying to run a particular modern game that uses 3D graphics. It should be noted however, that the Thortspace App (client application software) is less demanding, in this respect, than most recent 3D games.

6. REGISTRATION, REPRESENTATION AND WARRANTIES UPON REGISTRATION

Users must register for a Thortspace Free Cloud account using the Thortspace App (client application software) or using the registration page on the Thortspace.com website before being able to subscribe to the Thortspace Premium Cloud service.
Users must also register for a Thortspace Free Cloud account using either of these same means before being able to view or edit a Sphere or Sphere-network or Journey that has been shared with that user by a subscriber to the the “Thortspace Premium Cloud” service.
Only the user who is sharing the sphere, not any of the users who are having a sphere or sphere-network or journey shared with them, need to be subscribers to the “Thortspace Premium Cloud” service.

The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to Thortspace (via the information on the “Contact Us” page on thortspace.com) without undue delay.

Two pieces of information are required to register to use Thortspace Free Cloud Account:
(1) An email address
(2) A password supplied by the user.

The User shall choose a password upon registration. The User is required to keep this password secret. Gooisoft Limited shall not disclose the password to any third party and members of Gooisoft Limited staff shall not ask for the User’s password at any time.

By completing the registration process, the User consents to enter this agreement in respect of using the Thortspace App (client software) and in respect of using the online services and the web site associated with that software. Gooisoft accepts this offer by activating the membership for the use of services both inside the Thortspace App (client software) and on the thortspace.com , thort.space and thort.cloud web sites. The agreement takes effect with the aforementioned acceptance by Gooisoft.

Each User is entitled to register only one Thortspace Free Cloud account.

If a company uploads a logo for branding purposes, Gooisoft Limited is allowed to use this logo for marketing purposes on and Website that is owned by Gooisoft and inside the Thortspace App (client software) via the Thortspace Cloud services.

In respect of terms of use and service specifically relating to subscribing to a paid subscription on the Thortspace Cloud service, please refer to our Commercial Terms and Conditions.

7. CANCELLING THORTSPACE PREMIUM CLOUD SUBSCRIPTIONS

Please refer to our Commercial Terms document.

8. TERMINATING THORTSPACE CLOUD ACCOUNTS

Your right to be forgotten is upheld so far as this is practically achievable and so far as this does not neglect the rights of other users.
Data that has been stored by you via the Thortspace Cloud services which has not been shared with other users will be deleted from the Thortspace Cloud online storage.
Data on spheres that you created and shared with other users or published to the public will also be deleted from the Thortspace Cloud online storage.
Gooisoft obviously cannot guarantee that data that you have shared with other users or published to the public has not been copied to other spheres, particularly if it has been shared with copy permissions enabled.
Gooisoft also cannot guarantee the deletion of data that has been cached locally by individual devices that have previously been connected to our online services or such devices which have not been connected to our online services but where the data was originally input and stored by a user.
The issue here in respect of locally cached data is similar to how web browsers function.

9. OBLIGATIONS

Please refer to our Use Guidelines document.

10. CHANGES TO TERMS OF SERVICE

IMPORTANT: Gooisoft reserves the right to modify the services offered by the Thortspace App (client software) and the associated Thortspace Cloud services and these the Terms and Conditions which govern the use of those services and/or to offer services different from those offered at the time of the User’s registration at any time. In making any such changes, we will aim to be respectful of the needs of our users.

In particular:
(1) We will provide lesser or greater periods of notice of any such changes on the basis of the severity of any impact that a particular change may have on users.
(2) We will consult with users and subscribers in respect of any impact that changes may have on them, and endeavour to maximise the benefits and minimize the detriment of any particular change.
(3) We will provide full public documentation in advance of any changes in respect of our plan for making such changes, and we will draw users attention to this documentation by means of emails, notices on our websites, and/or notifications in the client software.

11. RESPONSIBILITY FOR THE USER’S CONTENT, DATA AND OTHER INFORMATION

Gooisoft does not make any warranties or representations regarding any data and/or information provided or made available by any user through the Thortspace client software and/or via the Thortspace Cloud services and/or the thortspace.com or thort.space Web site or on any websites linked to or from these. In particular, Gooisoft does not warrant or represent that such data and/or information is true or accurate, or that it fulfills any purpose.

The User may report any activities of any other user which violate applicable laws and/or any of the terms and conditions laid out in this document and the related and linked documents using the contact us information provided on the Contact Us page of this Web site.

For detailed information on Gooisoft’s collection, storage, distribution and handling of our customers’ information please refer to our Privacy Policy.

12. DATA PROTECTION

Gooisoft acknowledges that data stored by the User via the online services that are managed by Gooisoft is typically important to the User. Gooisoft is therefore very careful in respect of the handling of all such data. Gooisoft complies with and shall continue to comply with all applicable legal provisions regarding data protection. Details on Gooisoft’s treatment of our Users’ data are described in detail in the Privacy Policy.

13. CUSTOMER SERVICE/SUPPORT

Communication regarding this agreement with Gooisoft or regarding the use of Thortspace App (application software) and the Thortspace Cloud services can be sent to Gooisoft using the contact us information provided on the Contact Us page of this web site.

14. WARRANTY

IMPORTANT: The Thortspace App software and related Thortspace Cloud services are made available on an “as is” basis only and without any warranty or indemnity of any kind. Gooisoft Limited does not warrant that the Thortspace software will meet your requirements or that using the software will be uninterrupted or error-free. Gooisoft Limited makes no warranties, conditions, indemnities, representations or terms, express or implied, whether by statute, common law, custom, usage or otherwise as to any other matters, including but not limited to non-infringement of third party rights, title, integration, accuracy, security, availability, satisfactory quality, merchantability or fitness for any particular purpose, with respect to the software, services, or for any purpose with respect to third party sites. You may have other rights, which vary according to geographic legal jurisdiction in which you operate or reside.

15. LIMITATIONS IN RESPECT OF THE LIABILITIES OF GOOISOFT LIMITED

In no event will Gooisoft Limited, its resellers or its licensors be liable to you for any special, consequential, indirect or similar damages, including but not limited to any lost profits or lost data, or other commercial or economic loss arising out of the use or inability to use the software even if Gooisoft Limited has been advised of the possibiltiy of such damages. This limitation shall apply even in the event of a material breach.

Some geographic legal jurisdictions in which you may operate or reside, including member countries of the european economic area, do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you.

Irrespective of the legal grounds, liability for damage claims based only on ordinary negligence against Gooisoft Limited or any of its agents shall exist only if Gooisoft breaches a basic obligation under this agreement. In the event of such a breach, the amount of claims are limited to typical and foreseeable damages.

Limits shall not apply to the extent damages are covered by Gooisoft’s business liability insurance, provided the insurance company has effected payment to Gooisoft. Gooisoft undertakes to maintain the insurance coverage existing at the time this agreement is concluded.

16. INDEMNITY

You agree to hold Gooisoft Limited harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and lawyer’s fees) arising out of or relating to any use of, or reliance on the Software. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.

The User shall indemnify and exempt Gooisoft from all actions, including damage claims, asserted by other users or third parties against Gooisoft resulting from an infringement of their rights by the contents posted by the User by means of the Thortspace App (application software) and the related Thortspace Cloud services.

Furthermore, the User shall indemnify and exempt Gooisoft from all actions, including damage claims, asserted by other users or third parties against Gooisoft resulting from an infringement of their rights regarding the use of the services on the thortspace.com web site by the User. The User assumes all reasonable costs that Gooisoft incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights, including damage claims by Gooisoft, are hereby unaffected.

These obligations to indemnify and exempt Gooisoft shall not apply to the extent that the User is not responsible for the infringement.

In the event the contents posted by the User infringes any rights of any third party, the User shall, at their own expense, and at Gooisoft’s discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of the thortspace.com web site or Thortspace Cloud services, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by Gooisoft.

17. RIGHT TO CONTENTS

When the User posts his or her contribution to a forum on thortspace.com, the User grants Gooisoft an unlimited, irrevocable and assignable right of use for the respective contribution, which Gooisoft is entitled to utilize for any purpose. In particular, Gooisoft is entitled to keep said contribution on the forum, and on thortspace.com and the web sites of its partners, or use it for marketing in any other way.

Consequently, Gooisoft has a right of use over all contributions to discussion forums it operates. Duplication or the use of these contributions or their contents in other electronic or printed publications is prohibited without the express written consent of Gooisoft. Copying, downloading, dissemination, distribution and storing of the contents of thortspacec.com and/or third parties, with the exception of the cache memory when searching for forum pages, is prohibited without its express consent.

All other user-generated content, especially the contents of spheres created by the user using the Thortspace App (application software), belong entirely to the user.

18. AUTOMATIC UPDATING

On desktop platforms the Thortspace App (client application software) will from time to time update itself automatically to a more recently published version. This is necessary in order to keep the client software consistent with any changes made to the online services software, and also to ensure that users are getting the best experience from using the software. We anticipate that the Thortspace platform will be constantly and continually evolving over the coming years, and in order to enable this to happen it is necessary that we are able to gracefully and seamlessly roll out updates.

On Android and Apple mobile devices, the Thortspace App (client application software) will also update according to preference settings set by the user on these devices. It is possible on these mobile platforms to disable automatic updating but we strongly advise users not to do so. If automatic updating is disabled, the Thortspace App (client software) may quite probably stop working when it becomes out-of-date in respect of changes made to the Thortspace Cloud services and in respect of other users of Thortspace who have received the latest updates.

19. FINAL PROVISIONS

These Terms and Conditions and any amendments to them must be in writing to be valid.

This agreement between the parties is the entire and only agreement. No other agreements exist.

Notwithstanding the terms set out in section 10 of this document, Gooisoft reserves the right to amend these Terms and Conditions at any time, without giving reasons. Gooisoft shall give due notice of any amendments. If the User does not object to the applicability of the revised Terms and Conditions within 14 days after receipt of said notice, the amended Terms and Conditions shall be deemed to be accepted by the User.

Gooisoft Limited shall inform the User about the User’s right to object and of the relevance of the objection deadline in any such notice.

Unless otherwise stated in these Terms and Conditions, the User may submit all notices to Gooisoft using the contact information provided on the thortspace.com web site Contact Us page. Gooisoft may send notices to the User by email, fax or post to the addresses given in the User’s current contact data in his or her user account.

If any provision of these Terms and Conditions is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.

The place of performance under these Terms and Conditions shall be Gooisoft’s main place of business (which is the UK).

Place of jurisdiction, insofar as legally admissible, shall be the main place of business of Gooisoft (which is the UK).

These Terms and Conditions and the contractual relationship shall be governed according to UK Law.