Where it is possible to do so, the Thingway terms are provided in Plain English, because you should be able to read the terms of something you use.
PLEASE READ THE LICENCE TERMS CAREFULLY
In using or accessing the software, known as “Thingway” or the “Thingway App” throughout this agreement, you (“you” or the “User”) agree to this end user licence agreement (“Licence” or the "Thingway Licence") between you and Matthew Glen, a sole trader within the United Kingdom, trading as “Thingway” (the “Licensor”, “we” or “us”).
Thingway is Licenced, Not Sold
The access and use of Thingway is provided on a licenced basis. We do not "sell" the Software or transfer ownership of the Software to you. The Thingway Licence is a binding legal agreement between you and us for your access and use of “Thingway”, which includes the computer software, mobile app, files, electronic, downloadable or on-line materials, AI Translation models, or documentation, any and all copies of such software and materials, and any and all changes and modifications that may be made to the app by us or our authorised parties from time to time (the “Software”).
What you are Licencing
Thingway as it is Licenced, comes in two forms: mobile and desktop.
Mobile. Free to download and use. Thingway Premium is an optional subscription, billed monthly or annually, or as a one-off payment through the App Store or Google Play. They handle the payments, refunds, and you cancel it through your store account at any time.
Desktop. A perpetual licence, bought once direct from us. It unlocks the version you bought and free updates provided at our discretion. It does not expire, and there is nothing to renew.
Once you accept this Licence, you will be contractually bound to the terms below, which shall govern all aspects of your use of the Software. You also acknowledge that this Licence may be updated at any time in our sole discretion, and your continuous use of the Software constitutes your acceptance of such changes and agreement to be bound by such updated terms.
By downloading, and by using Thingway, you understand and agree that:
you are 13 years of age or older;
you have read this Licence and you understand its terms;
you are aware of, and will comply with, any requirements that may be imposed in relation to the Software by any distributors, resellers or third-party platforms. We are not in control of, nor responsible for, any purchases from or through such third parties, or their own terms. You should read any such third-party terms, and contact the relevant third-party distributor, reseller or platform, as appropriate, in relation to any purchases and exercise of your consumer rights;
all information provided by you while registering for, or the using, the Software is truthful and accurate; and
you agree to be bound, and continue to be bound, by this Licence, or you have obtained consent of your parent or legal guardian if you are under the age of 18 (or, if you are in Scotland, under the age of 16); and
you agree and understand that the Thingway AI Translation models which are provided as an optional extra for Thingway Premium users, are probabilistic in nature, and may generate outputs that are inaccurate, incomplete, inappropriate, or otherwise unreliable.
AGREED TERMS
1. Licence, Usage and Updates
1.1 In exchange for your agreement to abide by the terms of the Thingway Licence, we grant you a non-exclusive, non-transferable, revocable, and royalty-free limited licence, to access, install and use the Software provided on an ‘As is’ basis.
1.2 The term of your Thingway Licence shall begin on the date that you install or otherwise use the Software and end on the date of the termination of this Licence (see below).
1.3 You may:
(a) install and use the Software for both your personal or commercial uses, including for creative, literary, business and academic works;
(b) transfer the Desktop version of Thingway from one computer to another; provided it is used at any one time on only one computer owned or leased by you.
(c) receive and use any free supplementary software code or update of the Software incorporating “patches”, corrections of errors and incorporation of additional functionalities (“Updates”) as may be provided by us or our authorized third parties from time to time (but see condition 1.4 below); and
(d) use any documentation and materials provided by us in support of the use permitted under condition 1.2.
1.4 We may, without any prior notice to you, update, or require you to update, the Software to address bugs, introduce fixes, or remove certain content or functionality to reflect any technical or legal requirements and/or obligations to our licensors, or for any other similar reasons. For the avoidance of doubt, nothing in this Licence obliges us to issue any Update of the Software at any time.
2. RESTRICTIONS on general usage
2.1 The activities and uses of Thingway identified in this condition 2 (“Restrictions”) are strictly prohibited and violate the conditions of your licence to use of Thingway.
Any use of the Software in violation of such Restrictions constitutes infringement of your license and is a ground for immediate revocation and termination of this Licence.
You agree to not:
Copy, hack, reproduce, translate, reverse engineer, derive source code from, decompile or modify, disassemble, or create derivative works based upon, in whole or in part, the Software
Rent, transfer, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs
Use the Software in a manner that is unlawful, illegal, illicit, or prohibited by this Licence or any other agreement you have with us.
Violate applicable technology control or export laws and regulations
Intercept, mine or otherwise collect information from the Software using any third-party software (unless specifically authorized by us).
2.2 RESTRICTIONS on AI usage
Additional restrictions apply to your use of optional, third-party, offline and open-source “AI Translation models” made available by us to you. These have undergone safety alignment, are exclusively designed for word translation, and contain no chat functions. In using these AI translation models, you agree that you own, or have the rights to any written works which you choose to translate, and by downloading these models you agree to their model terms, and agree not to:
Use the AI Translation models for any purpose other than word translation.
Distribute, sell, rent, or otherwise transfer the AI Translation models to any third party without the prior written consent of the Licensor.
Modify, adapt, or create derivative works based on the AI Translation models without the prior written consent of the Licensor.
Use the AI Translation models in a manner that is unlawful, illegal, or prohibited by this Licence.
Rely on, or use any provided AI Translation models, for translation tasks within high-risk, critical or human and animal safety areas without human review. Such areas include but are not limited to, critical infrastructure, housing, employment, financial and credit, insurance, medical, legal, government services, national security, migration, health and safety, and law enforcement.
Create or produce translations which promote, or facilitates any of the following; the provision of tailored advice that requires a license, such as legal or medical advice, without appropriate involvement by a licensed professional. Threats, harassment, or defamation, suicide, self-harm, or disordered eating. Sexual violence or non-consensual intimate content, terrorism or violence, including hate-based violence. Weapons development, or the procurement, or use of weapons. Real-life illicit activities and/or the use or sale of illegal goods, or services. The destruction, compromise, or breach of another’s system or property, including malicious or abusive cyber activity or attempts to infringe on intellectual property rights of others, real money gambling. Unsolicited safety testing. And anything that may promote or facilitate breaches of national security or the publication of state secrets.
3. Intellectual Property Rights and Copyright
You own everything you create using the software, and we have no access to nor control over those creations. You thus acknowledge that your documents, text, content, and created works created in Thingway (known as the “text”) are yours and yours alone, and thus you, as the respective author or creator of any text created in Thingway are the owner of all intellectual property rights and holder of liabilities for that created text.
The Licensor owns all intellectual property rights to Thingway itself, and all related documentation.
4. Data, Networks and Privacy
4.1 We do not collect data in connection with your general use of the Software, including any personal data, as defined under UK Data Protection laws. The one exception to this is required anonymous device identifiers and an associate device country code, collected upon interaction with the Thingway in-app store page, which are needed to serve you localised pricing, and to authenticate and serve your In-App Purchases (Thingway Premium). Please see our privacy policy for more information.
4.2 As we do not collect any data about your general use of the Software, we also;
do not and cannot sell or rent your data.
do not and cannot read, scan, or see your writing.
do not and cannot advertise in the app.
4.3 Thingway may require an internet connection to access internet-based Premium features, authenticate a purchased Software licence, or perform other functions.
5. Licence Termination, End-of-Life use and "The Sunset Clause"
5.1 Either you or we may terminate this Licence at any time without notice.
5.2 We may terminate this Licence immediately if you commit a material or persistent breach of this Licence, or of any applicable laws or regulations through your use of Thingway.
5.3 Without prejudice to your statutory rights as a consumer, which are unaffected, we reserve the right to discontinue publishing the Software in your, or any other country at any time, at which time this Licence will be terminated for all affected users.
5.4 However, we do not want your work, or the tool you write it in, to stop with us as software outlives the people and businesses who make it, so as a binding commitment Thingway's "Sunset Clause" will apply should the software be discontinued, as follows:
We will make reasonable efforts to provide a DESKTOP installer to Premium desktop Licence holders that requires no licence key, and keep it available for them for at least 12 months from the date any sunset is announced.
We will make reasonable efforts to (if both legal, and possible to do so) release the source code of the final version under an open licence, so anyone who wishes to can keep it alive. Thingway is built on permissively licensed components for exactly this reason.
We will make reasonable efforts to notify licence holders by email (if you have provided us with one), though we cannot promise an old address or public notice will always reach you.
This commitment will only apply to desktop licences, and will not be active, nor applicable should the software only be discontinued in specific regions, countries or similar. The sunset clause requires complete discontinuation of Thingway in its entirety worldwide to be in effect.
To be clear: this is a commitment to continued access, not a refund, nor a guarantee of quality, or risk-free use. After the End-of-Life (sunset) Date, any of our obligations or warranties in relation to the Software shall cease and any use of the Software by you beyond the End-of-Life Date shall be entirely at your own risk. A perpetual, monthly or annual licence already delivered is not refundable because we later stop trading.
5.5 Should you chose to request your data held by us be deleted, we will no longer be able to serve nor authenticate your purchased licence, and as such your licence and any access to any associated purchases or premium benefits you have will be automatically terminated under the terms of this agreement, and without the possibility of a refund. This cannot be undone.
6. Suggestions, Feedback and Comments
6.1 You may provide us with any information, comments, suggestions, and feedback in relation to Thingway (known as “Feedback”).
6.2 In exchange for use of Thingway, and to the extent that your contributions to Thingway itself give rise to any copyright interest or other intellectual property rights, you hereby grant us an non-exclusive, perpetual, irrevocable, paid-up, royalty-free, fully transferable, and sub-licensable worldwide right and license to use your Feedback, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public the Feedback by any means, and to distribute your Feedback without any further notice or compensation to you of any kind.
6.3 You hereby waive, to the extent they arise, any moral rights or other similar rights as applicable in the world with respect to Licensor's and other users' use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. PLEASE NOTE THAT WAIVER OF ANY MORAL RIGHTS MAY HAVE SERIOUS IMPLICATIONS FOR YOU AND WE ENCOURAGE YOU TO CONSIDER YOUR LEGAL RIGHTS AND OBLIGATIONS IN THIS RESPECT.
6.4 This license in relation to the Feedback, and terms above regarding any applicable moral rights, will survive any termination of this Licence.
7. Warranty
TO THE MAXIMUM EXTENT PERMITTED BY LAW, (A) WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS OR TERMS, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, CONDITIONS OR TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY AND OTHER RIGHTS; AND (B) WE MAKE THINGWAY AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT ANY FURTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING THAT THE SOFTWARE OR YOUR ABILITY TO USE IT WILL BE UNINTERRUPTED OR ERROR-FREE AT ALL TIMES.
8. Our responsiiblity for loss or damage suffered by you
8.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
8.2 WE ARE NOT RESPONSIBLE FOR INDIRECT OR SO-CALLED “CONSEQUENTIAL” LOSSES WHICH HAPPEN AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHICH ARE NOT FORESEEABLE BY YOU AND US INCLUDING BUT NOT LIMITED TO: (A) LOSS OF INCOME OR REVENUE (B) LOSS OF BUSINESS (C) LOSS OF PROFITS OR CONTRACTS (D) LOSS OF ANTICIPATED SAVINGS (E) LOSS OF OPPORTUNITY (F) LOSS OF DATA.
8.3 WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE, MISUSE, OR DOWNLOADING OF THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT, WHERE: (A) YOU HAVE USED THE SOFTWARE NOT IN ACCORDANCE WITH, OR IN BREACH OF, THIS AGREEMENT, OR (B) YOU HAVE USED THE SOFTWARE TOGETHER WITH OTHER SOFTWARE OR PROGRAMS NOT AUTHORISED BY US.
8.4 TO THE FULLEST EXTENT OF APPLICABLE LAW, OUR LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES ARISING FROM OR IN CONNECTION YOUR USE OF THE SOFTWARE OR OTHERWISE IN CONNECTION WITH THIS LICENCE IS HEREBY EXCLUDED.
8.5 You agree to pay and reimburse us in full for the amount of all costs, fees, expenses, damages, penalties, liabilities and other losses which we and our subsidiaries, affiliates, partners, officers, employees incur or suffer due to your usage of the Software in breach of this Licence, your breach of the licence restrictions, and/or arising out of or related to content you submit, post, link to, transmit, or make available through or in connection with Thingway, or your violation of any applicable laws.
8.6 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to backup your own text, and data, and your responsibility to ensure that the facilities and functions of the Software as described in any supplemental documentation or associated manual meet your requirements.
9. Disclaimer relating to third-party software
9.1 The Software includes the third-party materials, including open-source tools, code and AI translations models, materials, and information (the “Third Party Materials”) from our third party licensors (the “Third Parties”). TO THE FULLEST EXTENT OF APPLICABLE LAW, ALL THIRD PARTY MATERIALS ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR, THIRD PARTIES, AND THIRD PARTIES’ AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS OR TERMS, EXPRESS OR IMPLIED, REGARDING THE THIRD PARTY MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, CONDITIONS OR TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY AND OTHER RIGHTS.
9.2 TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER LICENSOR, THIRD PARTIES, THEIR LICENSORS, NOR THEIR AFFILIATES, NOR ANY OF LICENSOR’S OR THIRD PARTIES’ SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE THIRD PARTY MATERIALS OR OTHERWISE IN CONNECTION WITH THIS LICENCE, INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR, THIRD PARTIES, THIRD PARTIES’ LICENSORS, NOR THEIR AFFILIATES, NOR ANY OF LICENSOR’S OR THIRD PARTIES’ SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS LICENCE OR THE THIRD PARTY MATERIALS, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE THIRD PARTY MATERIALS, EVEN IN THE EVENT OF LICENSOR’S, THIRD PARTIES’, OR THIRD PARTIES’ AFFILIATES’ FAULT, DELICT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF LICENSOR, THIRD PARTIES OR THIRD PARTIES’ AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 Because some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Licensor, Third Parties, Third Parties’ licensors, their affiliates, and any of Licensor’s or Third Parties’ service providers shall be limited and exclude to the full extent permitted by law.
10. Laws, Jurisdictions and Wider terms
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
This agreement does not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any term of this agreement.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
If any sentence or any provision of this Licence is determined by any court of competent jurisdiction to be invalid or unenforceable, such sentence or provision will be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining sentences and provisions of this Licence will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
While the Software may be made available or accessible anywhere in the world, it is primarily meant to be accessed from, and distributed in, the United Kingdom. If you choose to access, download, and use the Software or any associated service from outside the United Kingdom, you are solely responsible for complying with your applicable local domestic laws, and international export laws and regulations that might apply to the Software, which may include restrictions on destinations, end users, and end use.
Prior to filing any formal legal action against us, we would like to informally resolve your grievance, so please contact us at [email protected] You agree to allow us thirty (30) days from the date we receive your correspondence to contact you to attempt to resolve the dispute.
Without prejudice to the condition above, these terms are governed by the laws of Scotland, and you can bring legal proceedings in the Scottish courts. If you live in England you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the Scottish courts.