# Overview gospace AI is the world's only 100% automated and intelligent space scheduling solution Unlike traditional office reservation systems, employees don’t need to book anything. Instead gospace AI continually learns how employees use the office, forecasts demand and automatically adapts to provide the right amount and type of space for dynamic teams so they can sit together, every day. Through its seamless integration with existing collaboration platforms such as Microsoft 365, gospace AI makes it effortless for employees to coordinate with their colleagues in-office, alleviating the hassle of manual booking. By intelligently predicting how many people from each team will be in the office every day, gospace AI can automatically notify employees where their team space is via MS Teams, mobile or email. Employees can also check when their colleagues will be in the office, create their own teams, set their fixed 'in-office' days and invite others to join them. Not only does gospace AI make hybrid work easy and productive for employees, it continuously identifies permanent space and operational savings, and reduces environmental emissions by autonomously optimising building capacity. It revolutionises space management by creating dynamic neighbourhoods each day for each team, based on historical attendance patterns, employee preferences and new scheduling constraints. It provides a unique blend of automation, flexibility, and control that is tailored to modern, dynamic work environments.
# Privacy Notice #### 6th January 2026 ### Introduction This notice applies across all gospace AI "services," which we define as our websites and all of our services, including online and mobile products and any other applications or services we offer such as events and training. By "personal data," we mean identifiable information about you such as your name, email address, telephone number, and company affiliation. If you cannot be identified (for example, when your personal data has been aggregated and anonymised), this notice does not apply. We may choose to update this notice from time to time. Where a change is significant and we have your information, we will notify you normally by email. ### Who is gospace AI "We" (or "our and "us") in this document refers to gospace AI limited, a private limited company registered in England and Wales, with company number 09096842, whose registered office is 9th Floor, 107 Cheapside, London, EC2V 6DN, United Kingdom, and its wholly-owned subsidiaries. Regarding the UK Data Protection Act 2018 and European Union data protection laws, gospace AI limited is the data controller of personal data that you submit to us or personal data that we collect from you when you use our services. We are the data processor in cases where we are providing services to another data controller of your personal data, such as your employer. If you would like to know what information we hold about you or if you have other questions or complaints about this privacy notice, please contact us at the above address or ### The information we collect from you When you visit our websites or use our services, we may collect personal data, normally by one of these methods: *Information you give us directly:* Nearly all information we collect comes directly from you, or from you as our customer, or you as an employee of our customer. When you visit or use some parts of our websites or services, we might ask you to give us personal data; for example, we might ask for your contact information when you sign up for a trial, respond to a job application or email offer, participate in training and events, or request our support. You are not required to give us your personal data but in cases where you do not, you may be unable to use certain parts of our websites or services. *Information provided to us by your employer, or that we collect on your employer’s behalf:* Your employer may provide us with information, or ask us to collect information, from building access systems such as radio frequency ID badges, or from building network systems such as wireless access points. This information may include data about your presence or absence in a building or facility, and the times you were present or absent. Depending on your employer’s agreements with you and our service to them, we may use that information to forecast group demand for workspaces, show you and your colleagues the current use of workspaces, or allow you and your colleagues to find one another for purposes of collaboration. *Information we collect automatically:* We collect some information about you automatically, such as your IP address and device type, when you visit our websites or use our services. We also collect information when you navigate through our websites and services, including what pages you view and which links you click. This information helps us to understand how you use our websites and services and helps us to improve them. We collect some of this information using cookies and similar tracking technologies. If you would like to learn more about the types of cookies we use, why, and how you can control them, please see our Cookie Policy and cookie preferences settings on our websites. Our apps also may ask for your permission to access your phone’s camera, to allow you to scan a QR or similar code from a work point, according to your company’s policy; the information collected when you use your phone’s camera for this purpose is not used nor shared in any way by gospace AI outside the gospace AI app unless authorised by your company for your company’s previously disclosed purposes and in accordance with your company’s policies. *Information from third parties:* We might collect personal data about you from other sources, including publicly available materials or trusted third parties such as our marketing and research partners. We use this information, and the personal data we already hold, to improve our services or to validate your personal data. Under the UK General Data Protection Regulation (UK GDPR), the lawful bases we rely on for processing your data are: (i) to satisfy a contract with you, or (ii) where we have legitimate interests and those interests are not overridden by your rights, or (iii) to meet a legal obligation, or (iv) to meet a contractual obligation, or (v) where we have your consent. If we do not collect your personal data, we may be unable to provide you with some of our services, and some functions and features on our websites might not be available to you. ### Use of your information We use the information that you have given us to: * Answer your requests (such as for training materials) * Send you information we are required to send. * Inform you about operational changes to our websites and services, notify you about security updates, or help you use our websites and services. * Send you marketing communications according to your stated preferences. * Ask you to participate in research we may conduct. * Support you (for example, to resolve technical support problems or other problems related to our websites or services, whether by email, in-app support or otherwise). * Enhance our websites and services (for example, to track and monitor your use of websites and services, or to conduct technical analysis of our websites and services to improve them). * Provide features in our service, such as allowing you and your colleagues to see who is present in a building and available for collaboration, or to see forecasts of demand for workspace. * Detect and prevent fraudulent or malicious activity, to ensure that our websites and services are being used according to our terms of service. * Market to you, with your consent (see below). We may also use your personal data to display targeted advertising to you online, through our own websites and services or through third party websites and their platforms. * Analyse and report (for example, we may use the personal data we collect about you and other users of our websites and services, whether obtained directly or from third parties, to produce aggregated and anonymised analytics and reports, which we may share publicly or with third parties). ### Sharing your information Other than as expressly set out in this privacy notice or as otherwise required or permitted by law, we will not share, sell or distribute any of the information you provide to us without your consent. We may disclose your personal information to: * Any third party to whom disclosure is necessary to enable us to provide you with any services or products that you have requested through the site which may be provided by such third parties; and * Any person to whom disclosure is necessary to enable us to enforce our legal rights, or to protect the rights, property, or safety of our employees or where disclosure is permitted or required by law. You should note that any public elements of websites will be visible to other users of those websites anywhere in the world. You should only submit information about yourself directly on the non-public elements of websites, or if on public elements, only the information you are willing to be made public. There will be times when we need to share your personal data with third parties. We will only disclose your personal data to: * Other companies in our group of companies; * Third-party service providers and partners who assist and enable us to use the personal data to, for example, support delivery of or provide functionality on the website or services, or to market or promote our goods and services to you; * Regulators, law enforcement bodies, government agencies, courts or other third parties where we must comply with applicable laws or regulations, or to exercise, establish or defend our legal rights. Where possible and appropriate, we will notify you of this type of disclosure; * An actual or potential buyer (and its agents and advisors) in connection with an actual or proposed purchase, merger or acquisition of any part of our business; * Other people where we have your consent. When we share data, it may be transferred to, and processed in, countries other than the country you live in. Where we disclose personal data to a third party in another country, we use safeguards to ensure your personal data remains protected. For individuals in the European Economic Area (EEA), your data may be transferred outside of the EEA. Where your personal data is transferred outside the EEA, it will only be transferred to countries that have been identified as providing adequate protection for EEA data, or to a third party where we have approved transfer mechanisms in place to protect your personal data; for example, by adhering to the European Commission’s Standard Contractual Clauses. For further information on international data transfers, please contact us. ### How we store your personal information Security of your personal data is a priority for us. We are committed to protecting your personal data and have appropriate technical and organisational measures in place to make sure that happens. Our security processes are available upon request. The length of time we keep your personal data depends on what it is and whether we have an ongoing business need to retain it (for example, to provide you with a service you have requested or to comply with applicable contractual, legal, tax or accounting requirements). We will retain your personal data for as long as we have a relationship with you and have a business need to retain it, in accordance with our data retention policies and practices. Following that period, we will delete or anonymise it. ### Your data protection rights Under data protection law, you have rights including: * *Right to know:* You have the right to ask us for copies of your personal information including the categories and/or specific pieces of personal information we have collected about you, the sources for that personal information, the purposes for which we use that information, the third parties with whom we disclose the information, and the categories of information that we disclose to third parties. * *Right to rectification:* You have the right to ask us to rectify your personal information you think is inaccurate, and to complete information you think is incomplete. * *Right to deletion:* You have the right to ask us to delete your personal information in certain circumstances. * *Right to restriction of processing:* You have the right to ask us to restrict the processing of your personal information in certain circumstances. * *Right to object to processing:* You have the right to object to the processing of your personal information in certain circumstances. * *Right to data portability:* You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances. We will not discriminate against you, and you are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you. Please contact us at the address above or email if you wish to make a request. ### How to complain If you have any concerns about our use of your personal information, you can make a complaint to us at . You can also complain to the ICO if you are unhappy with how we have used your data at # Terms of Use ## **1. Introduction** 1. These terms and conditions (the Terms) set out the basis on which you may browse and use our website, available at (the Site) and any services offered through it. 2. This Site is owned and operated by gospace AI Limited, with registered no. 09096842 gospace AI Limited has Registered Office: 9th Floor 107 Cheapside, London, United Kingdom, EC2V 6DN (we, us or our). Our VAT number is 201 137 765 3. Your use of the Site will be governed by these Terms which will be a legal contract between us and you. By browsing or using this Site and/or any services, content or materials made available through the Site you are agreeing to be legally bound by the Terms. 4. If you would like to contact us for any reason please do so using the following details: 5. Address: Orrick Herrington & Sutcliffe, 9th Floor 107\ Cheapside, London, UK, EC2V 6DN\ Email: ## **2. Changes of the terms** 1. We may revise the Terms at any time by amending this page. Your use of the Site will be subject to the most recent version of the Terms available on the Site. 2. We recommend that you read through the Terms available on the Site regularly so that you can be sure that you are aware of any changes that may apply to you. ## **3. Access and use of the site** 1. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice to you. 2. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately. 3. You are responsible for making all arrangements necessary for you to have access to the Site. ## **4. Intellectual property rights** 1. The gospace AI solution and platform technologies are protected by U.S. Patent No. 10,216,546, and other patents pending. All intellectual property in and to the gospace AI solution are hereby reserved. Copyright 2019, gospace AI Limited 2. We are the owner or the licensee of all intellectual property rights in the Site and in any material available on it. 3. You may print off one copy, and may download extracts, of any page(s) from the Site, for your personal use provided that: (a) the material shall not be reproduced or included in any other work or publication in any medium; (b) the material may not be modified or altered in any way; (c) the material may not be distributed or sold to any third party; and (d) you do not remove any copyright or other proprietary notices contained in the material. 4. You must not use any content from the Site for commercial purposes without obtaining a licence to do so from us or our licensors. 5. If you copy or use any part of the Site or the content made available through it in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. ## **5. Data protection and privacy** 1. Any personal information that we collect from you as you browse and use the Site will be used in accordance with our privacy notice. To find out more about the data we collect from you and how we use it please read our privacy notice available [here](https://www.gospace.com/privacy-policy). 2. By accepting the Terms you also consent to our use of your personal data in accordance with our Privacy Notice. ## **6. Links to and from the site** 1. You may link to any page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, nor establish a link to the Site in any website that is not owned by you. 2. We reserve the right to withdraw linking permission without notice. 3. Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources and we are not responsible or liable for them in anyway. ## **7. Disclaimers** 1. We will endeavour to use reasonable care and skill in making the Site available to you. 2. Except as expressly provided in the Terms, the Site and any products or services provided through it are provided on an "as is" basis. We do not make any representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise) in relation to the Site or any content, products or services provided through it including without limitation any warranties in relation to fitness for a particular purpose or in relation to quality, completeness, accuracy, reliability or non-infringement. 3. The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You are advised to obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site. Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date. 4. We do not guarantee that the Site will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Site or any products, services or content provided through it will be free from errors or omissions. 5. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Please check your local laws for any restrictions of limitations regarding the exclusion of implied warranties. 6. Nothing in the Terms is intended to disclaim or exclude any warranty or liability that cannot be disclaimed or excluded by operation of applicable law. ## **8. Limitations of our liability** 1. Nothing in the Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law. 2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to the Site or any content on it, or services provided through it, whether express or implied. 3. We will not be liable to you or any other user of the Site for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Site or any products or services provided through it including without limitation any direct loss of profit, loss or damage to data, loss of reputation or goodwill, loss of opportunity or anticipated savings or any indirect, special, consequential or punitive losses of any kind. ## **9. General** 1. The Terms do not create or infer any rights that are enforceable by any person who is not a party to them. 2. You may not assign, sub-license or otherwise transfer any of your rights or obligations in the Terms to any other person without our written consent. 3. If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right. 4. If any part of the Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable. *** **These Terms and any non-contractual obligations arising out of them shall be governed by and construed in accordance with English law and if you are a business you agree to submit to the exclusive jurisdiction of the English courts.** # Terms and Conditions ## 6th Jan 2026 These Terms and Conditions govern the provision and use of the artificial-intelligence based office allocation service (the "Service”) provided by gospace AI Limited, a company registered in England with company number 09096842 and registered office 9th Floor, 107 Cheapside, London EC2V 6DN (“gospace AI”), whether the Service is licensed directly from gospace AI or through an authorised distributor, reseller, or other partner of gospace AI (“Partner”). Other terms associated with the use of and subscription to the Service (“Subscription”), such as pricing, term, and the entity licensing the Service (“the Customer”), are set forth in an order form that references these Terms and Conditions and is executed by the Customer and gospace AI (“Order Form”). Where there is a direct conflict between these Terms and Conditions and an Order Form, the terms contained in the Order Form will apply. Any conflicting or additional terms and conditions are of no force or effect unless agreed to in writing and signed by an authorised officer of gospace AI. The Service is available to users to whom the Customer grants access to the Service under the Customer’s account (“Users”) as more fully described in the Order Form. ## **1. Access to services** 1.1 **Access rights.** The Customer’s Users may use and have access to the Service and the associated generally published technical documentation for the Service (“Documentation”) provided such use and access is for the Customer’s own internal business operations, or in the case of a Customer who is a Partner, of the Customer and its clients internal business operations. The Customer agrees to use and access the Service in compliance with any restrictions on an Order Form. In some cases, Users may need to download, install and use software provided by gospace AI to access the Service (“Software”), and gospace AI licenses the Customer’s Users to do so provided the Software is used only in conjunction with the Service. The Customer acknowledges that access to the Service via the Software may require that the Customer upgrade the Software as such upgrades become available. The Documentation may be provided in hard copy form or online. 1.2 **Additional services.** Subject to these Terms and Conditions the Customer may purchase additional Services that gospace AI will provide pursuant to an applicable Order Form. Additional Services may be subject to additional policies and terms as specified by us, including the Enterprise Support and Services Policy. 1.3 **No charge products.** gospace AI may offer certain services at no charge, including free accounts, trial use and beta versions as defined below (collectively, “No-Charge Products”). The Customer’s use of No-Charge Products is subject to any additional terms that gospace AI specifies and is only permitted during the subscription duration gospace AI designates (or, if not designated, until terminated in accordance with these Terms and Conditions). Except as otherwise set forth in this Section, these Terms and Conditions apply to No-Charge Products. gospace AI may modify or terminate the Customer’s right to use No-Charge Products at any time and for any reason in gospace AI's sole discretion, without liability to the Customer. The Customer understands that any pre-release and beta services, and any pre-release and beta features within generally available Services, that gospace AI makes available (collectively, “Beta Versions”) are still under development, may be inoperable or incomplete, and are likely to contain more errors and bugs than generally available Services. gospace AI makes no promises that any Beta Versions will ever be made generally available. In some circumstances, gospace AI may charge a fee in order to allow the Customer to access Beta Versions, but the Beta Versions will still remain subject to this Section 1.3. All information regarding the characteristics, features or performance of any No-Charge Products (including Beta Versions) constitutes gospace AI’s confidential information. To the maximum extent permitted by applicable law, gospace AI disclaims all obligations or liabilities with respect to No-Charge Products, including any support, warranty and indemnity obligations. 1.4 **Support.** gospace AI will provide basic or standard support services, unless otherwise stated on the Order Form. Support services are provided through telephone, electronic mail or another online mechanism. 1.5 **Restrictions.** The Customer agrees not to, directly or indirectly: (a) modify, translate, copy or create derivative works based on the Service or any element of the Software, (b) “frame” or “mirror” any content forming part of the Service, (c) reverse assemble, reverse compile, reverse engineer, decompile or otherwise attempt to discover the object code, source code, non-public APIs or underlying ideas or algorithms of the Service or the Software in whole or in part, except as and only to the extent this restriction is prohibited by law, (d) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as contemplated by these Terms and Conditions, (e) remove or obscure any proprietary or other notice contained in the Service or (f) use the Service or Software in connection with the development or offering of a service or product substantially similar to the Service or copying the features or user interface of the Service. 1.6 **Acceptable use.** The Customer will not interfere with or disrupt the Service, servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or obtain or otherwise attempt to access any materials or information through any means not intentionally made available or provided for through the Service. If the Customer becomes aware of any actual or potential violations of the foregoing, please contact gospace AI at . Without limiting any other remedies gospace AI may have, gospace AI reserves the right to investigate and take appropriate legal action against anyone who, in gospace AI’s discretion, violates this clause, including without limitation, suspending or terminating the Service. 1.6.1 **Acceptable and prohibited use.** It is the Customer’s responsibility to ensure that the Customer and its Users comply with these Terms and Conditions. The Customer represents that the Service shall not be used in a way that violates any applicable law. Without limiting any other remedies gospace AI may have, gospace AI may suspend any use of the Services that gospace AI reasonably believes may be (or that is alleged to be) in violation of this Section. 1.6.2 **Use of the service.** The Customer agrees to use the Service in accordance with all applicable laws and not to use the Service in any manner that imposes obligations on gospace AI under any laws other than those specific laws expressly enumerated in these Terms and Conditions as being applicable to the Service and/or gospace AI’s delivery of the Service. In the event the Customer acts or uses the Service in a manner not permitted under this Section, the Customer shall (i) be in material breach of these Terms and Conditions; (ii) indemnify, defend and hold harmless gospace AI for any losses, expenses, costs, liabilities, damages, penalties, investigations or enforcement proceedings (including legal fees) arising from or relating to the Customer’s breach of this Section; (iii) take, at the Customer’s expense, prompt action to correct and/or mitigate the effects of the Customer’s breach of this Section; and (iv) provide gospace AI with reasonable cooperation and support in connection with gospace AI’s response to the Customer’s breach of this Section. The Customer shall assume and be solely responsible for any reporting requirements under law or contract arising from the Customer’s breach of this Section. 1.6.3 **User accounts.** The Customer may identify an individual as the administrator for the Service who will receive an administrative username and password for the Customer’s account. The Customer will ensure that its Users are aware of and use the Service only in compliance with these Terms and Conditions. The Customer is responsible for all activities of Users that occur under the Customer’s accounts. The Customer (a) is responsible for ensuring the security and confidentiality of all User and administrator IDs and passwords for the Service, (b) shall prevent unauthorised access to, or use of, the Service, and (c) shall notify gospace AI promptly of any unauthorised use of the Service or any breach, or attempted breach, of security of the Service. 1.7 **Equipment.** The Customer is responsible for obtaining and maintaining any equipment and ancillary services including communication services, modems, hardware, servers, software, operating systems, networking, web servers, internet and telephone service (collectively, “Equipment”) needed to connect to, access or otherwise use the Service (and, to the extent applicable, the Software). The Customer is responsible for the security of its Equipment. 1.8 **Third party products.** If third party services, applications, code, hardware or products (“Third Party Products”) are integrated or used in connection with the Services, the Customer agrees that (a) gospace AI makes no representations and disclaims all warranties, express or implied, regarding Third Party Products, (b) gospace AI is not responsible and shall have no liability for Third Party Products or the unavailability of Third Party Products, (c) if Third Party Products are provided under a separate license or other agreement, such terms shall govern with respect to such Third Party Products, (d) the Customer is solely responsible and liable for its use of Third Party Products, (e) the Customer authorises gospace AI to share User Data (defined below) with providers of the Third Party Products as required for the operation of the Third Party Products, provided however, that gospace AI is not responsible for any transmission, collection, disclosure, security, modification, use or deletion of User Data by or through Third Party Products or their providers, and (f) gospace AI has no obligation to support any integration(s) of Third Party Products with the Services and may cease any integrations of Third Party Products, providing the Customer with 90 days’ notice where such notice is within gospace AI's reasonable control, and a cancellation of any integration-specific fees, where applicable. ## **2. Proprietary rights and feedback** 2.1 **Ownership.** The Customer acknowledges and agrees that (a) the Service, the Software and the Documentation are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (b) gospace AI owns and retains all right, title and interest (including, without limitation, all patent, copyright, trade secret and other intellectual property rights) in and to the Service, the Software, the Documentation, any other deliverables, any and all related and underlying technology and any derivative works or modifications of any of the foregoing, (c) there are no implied licenses granted to the Customer under these Terms and Conditions and any rights not expressly set forth in these Terms and Conditions are hereby expressly reserved by gospace AI, (d) the Software and access to the Service are licensed, not sold and the Customer acquires no ownership or other interest (other than the license rights expressly stated herein) in or to the Service, the Software and the Documentation and (e) the Service is offered as an on-line, hosted solution, and the Customer has no right to obtain a copy of the Service itself. 2.2 **Feedback.** From time to time, the Customer may provide gospace AI with suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the Service or Software (“Feedback”). Feedback shall not be deemed to constitute Confidential Information or to impose any confidentiality obligations on gospace AI. The Customer agrees that gospace AI is free to use, disclose, reproduce, license or otherwise distribute and exploit any Feedback as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. ## **3. Confidentiality** 3.1 **Confidentiality and non-use.** In connection with these Terms and Conditions, gospace AI or the Customer may disclose business, technical or financial information relating to their respective businesses. In such cases the disclosing party is "the Discloser" and the receiving party is "the Recipient." Such information shall be considered the “Confidential Information” of the Discloser provided that it is marked or otherwise designated at the time of disclosure as “confidential” or “proprietary” or the like. gospace AI’s Confidential Information includes, without any marking or further designation, (a) the pricing and other terms reflected in all Order Forms hereunder, (b) any trade secrets, know-how, inventions (whether or not patentable), techniques, ideas, or processes related to the Services, (c) the Software, (d) the design and architecture of the Services, (e) the computer code, internal documentation, and design and functional specifications of the Services (f) any problem reports, analysis and performance information related to the Services and (g) reports, analyses and/or other information relating to gospace AI’s security and security practices (“Security Information”). The Customer’s Confidential Information includes, without marking or further designation, (i) the content, including Content (defined below), of sessions that the Customer creates and stores via the Services and (ii) the usernames and passwords of the Customer’s Users. 3.2 **Obligations.** Except to provide the Services or as otherwise permitted herein, during the Subscription Term and for a period of five (5) years after expiration or termination, the Recipient agrees (a) to use and disclose Confidential Information solely for the purpose of performing its obligations under these Terms and Conditions and the Order Form and (b) to protect the Confidential Information with at least the same degree of care it normally exercises to protect its own proprietary information of a similar nature, but in no event less than a reasonable standard of care. 3.3 **Exceptions.** The Discloser agrees that the foregoing obligations shall not apply with respect to any information that the Recipient can document (a) is or becomes generally available to the public through no fault of the Recipient, (b) was rightfully in its possession or known by the Recipient prior to receipt from the Discloser, (c) is rightfully disclosed to the Recipient without restriction by a third party that is not in violation of any obligation of confidentiality or (d) was independently developed without use of any Confidential Information of the Discloser (except for patentable subject matter, which shall not be subject to this exception). Notwithstanding the foregoing, subsections (b)-(d) will not apply with respect to Security Information. 3.4 **Disclosure.** The Recipient may disclose Confidential Information to the minimal extent required to be disclosed by law; provided that the Recipient will give the Discloser prompt notice to allow the Discloser a reasonable opportunity to obtain a protective order and such Confidential Information disclosed to the extent required by law shall otherwise remain confidential and subject to the protections and obligations of these Terms and Conditions. 3.5 **Data.** By the nature of providing the Service, gospace AI collects certain data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (such as session start and end times, number of sessions conducted, session duration, underlying network quality in terms of latency, jitter, packet loss, etc. and breakdown of mobile app or browser endpoints used (“Data”). gospace AI shall have the right to collect and analyze such Data, and the Customer grants gospace AI the right to use and disclose such Data (during and after the Subscription term) solely in an aggregate or other de-identified form to improve and enhance the Services, for other development, diagnostic and corrective purposes in connection with the Services and other offerings, or otherwise in connection with gospace AI’s business. 3.6 **GDPR compliance.** If the Service collects User Data to which Regulation (EU) 2016/679 (“GDPR”) applies, the Parties shall separately execute a Data Processing Agreement (“DPA”), which relates to the processing of User Data governed by the GDPR. In the case of any inconsistency, the GDPR language contained in the DPA takes precedence over this Section 3.6 to the extent of any inconsistency. ## **4. User data, content and recording** 4.1 **User data.** To set up accounts and use the Services, the Customer may provide information, such as IP address, username, password, and personally identifiable information (e.g., name, phone number, email address, etc.) (“User Data”). The Customer grants gospace AI and its data hosting service providers the right to store, process and retrieve User Data in connection with providing and supporting the Services. The Customer warrants that it has obtained required consent from the Customer’s Users to transfer User Data to gospace AI and to process the User Data as used by the Services, and agrees that gospace AI may transfer to, store and process User Data where gospace AI uses facilities in connection with the Services to provide and support the Services. To the extent that User Data provided or disclosed by the Customer (as data controller or data exporter) is deemed “personal data” under applicable European Union law or regulation, (a) the Customer agrees that gospace AI may transfer to, store and process User Data in the United States and/or another country outside the European Economic Area where gospace AI uses facilities in connection with the Services to provide and support the Services and (b) gospace AI shall (i) comply with the Customer’s reasonable, lawful instructions relating to the security and confidentiality of the User Data, and will maintain administrative, physical, and technical safeguards intended to protect the security and integrity of the User Data and (ii) process the User Data only in accordance with the Customer’s lawful instructions or the lawful instructions of the User as the data subject. If gospace AI cannot comply with Section 4.1(b), the Customer’s sole and exclusive remedy shall be to cease using the Services. 4.2 **Content.** The Customer represents and warrants that it owns or has the necessary permissions to use and authorize the use of the Customer’s data including items such as building locations and layouts, user tags and identifiers, occupancy-related data, and user personal data where applicable ("Customer's Content"). The Customer grants gospace AI and its service providers a non-exclusive, worldwide, royalty-free, paid-up, transferable right and license to host, cache, copy, store and display the Customer’s Content for the purpose of and in conjunction with providing and supporting the Service. The Customer acknowledges and agrees that, except as expressly set forth herein, (a) gospace AI is not responsible in any manner for the Customer’s Content, (b) the Customer assumes all risk associated with its Content and the transmission of its Content and (c) the Customer has sole responsibility for the accuracy, quality, legality, and appropriateness of its Content. ## **5. Fees and payment** 5.1 **Direct purchase.** If the Customer is ordering the Service directly from gospace AI, the following applies: 5.1.1 **Subscriptions.** Except for No-Charge Products, all Services are offered on an annual subscription basis, paid annually or monthly in advance, as stated in the Order Form. The Customer may modify the current Subscription according to the fees and terms stated on the Order Form; however, if the Customer requests a modification to the Services, a new Order Form will detail the new Subscription. 5.1.2 **Change.** gospace AI may change prices from time to time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge. gospace AI will not change the price of the Services within the current Subscription term unless specified in the Order Form and will not charge for a previously free Service unless the Customer has been notified of the applicable fees and agreed to pay such fees. 5.2 **Purchased through a partner.** If the Customer makes any purchases through a Partner: 5.2.1 Instead of paying gospace AI, the Customer will pay to the Partner the price as agreed between the gospace AI and the Partner. gospace AI may suspend or terminate the Customer’s rights to use the Service if gospace AI does not receive the corresponding payment from the Partner. 5.2.2 The Customer’s order details (e.g., the Services the Customer is entitled to use, the number of Users, the Subscription term, etc.) will be as stated in the Order Form placed with gospace AI by the Partner on the Customer’s behalf. The Partner is responsible for the accuracy of any such Order Form as communicated to gospace AI, including any refunds due to the Customer if the Order Form is inaccurate. 5.2.3 If the Customer is entitled to a refund under these Terms and Conditions, then unless gospace AI otherwise specify, gospace AI will refund any applicable fees to the Partner, and the Partner will be solely responsible for refunding the appropriate amounts to the Customer. 5.2.4 Partners are not authorised to modify these Terms and Conditions or make any promises or commitments on gospace AI’s behalf, and gospace AI is not bound by any obligations to the Customer other than as outlined in these Terms and Conditions. 5.2.5 The amount paid or payable by the Partner to gospace AI for the Customer’s use of the applicable Service under these Terms and Conditions will be deemed the amount actually paid or payable by the Customer to gospace AI under these Terms and Conditions for purposes of calculating the liability cap. ## **6. Term and termination** 6.1 **Term.** Subject to earlier termination as provided below, the term is as stated in the Order Form. 6.2 **Renewals.** Except as otherwise specified in an Order Form, unless either party cancels the Customer’s Subscription prior to expiration of the current Subscription term, except for Trials and Pilots, the Customer’s Subscription will renew automatically for another duration equal to the Customer’s initial Subscription term. Either party can give the other notice of non-renewal at least thirty (30) days before the end of a Subscription term to stop the Subscription from automatically renewing. The Customer will provide notice of non-renewal through the account settings in the Service or emailing . All renewals are subject to the applicable Service continuing to be offered and will be charged at the then-current rates, unless stated otherwise in a new Order Form. 6.3 **Termination for cause.** In addition to any other remedies either party may have, each party may terminate the Service if the other party materially breaches any of these Terms and Conditions and does not cure such breach within thirty (30) days (10 days in the event of non-payment) after notice; provided, however, that gospace AI may terminate the Service without notice or opportunity to cure if in gospace AI’s opinion such termination is required to prevent any violation of law or is required to do so by any court, governmental, or regulatory authority. 6.4 **Effect of termination.** Upon non-renewal or termination of the Service for any reason, the Customer agrees to pay in full for the Service up to and including the last day on which the Service is provided. If termination is due to gospace AI’s uncured breach, gospace AI will refund any pre-paid Fees on a pro-rated basis. Upon expiration or termination of the Service for any reason, the Customer agrees to cease all use of the Service, Software and Documentation, installed or otherwise, and destroy all copies of any Software, and Documentation that are in the Customer’s possession or control. gospace AI may, upon such expiration or termination, deactivate or delete the Customer’s account and any related data, information, and files, and bar any further access to such data, information, and files. 6.5 **Survival.** Sections 2, 3, 5 (Section 5 only as to amounts due and owing), 6.3, 6.4, 7.2 and 8-12 will survive the non-renewal or termination of the Service. ## **7. Limited warranty and disclaimer** 7.1 **Limited warranty.** gospace AI warrants that the Service will be provided in material compliance with the Documentation and to maintain the Service in a manner that minimizes errors and interruptions in the Service. However, the Service may be temporarily unavailable for scheduled or emergency maintenance, either by gospace AI or by third-party providers, or because of other causes beyond gospace AI’s reasonable control. gospace AI will notify all Users who have accessed the Service with advance notice of any scheduled maintenance. 7.2 **Disclaimer.** The above warranty is the Customer’s exclusive warranty and gospace AI disclaims all other warranties and conditions, express or implied including, but not limited to, the implied warranties or conditions of design, merchantability, fitness for a particular purpose, and any warranties of title and non-infringement. Except as expressly provided in section 7.1 and section 11, the Customer acknowledges that the Service is provided “as is” and further acknowledges that gospace AI does not warrant that the operation of the Service will be uninterrupted or error free, or free of viruses or other harmful components. The Customer is responsible and gospace AI shall have no responsibility for determining that the Customer’s proposed use of the Service complies with applicable laws. 7.3 **No-charge evaluation.** If the service provided is a no-charge evaluation or beta release, the following applies in place of section 7.1 and section 7.2: notwithstanding anything herein to the contrary, the Service is provided by gospace AI in an “as is” condition as to performance, accuracy, and/or completeness with no warranties or representations, express or implied. ## **8. Responsibility for third party claims** 8.1 **Customer responsibilities.** The Customer agrees to defend any third party claim or action brought against gospace AI to the extent based on the Customer’s alleged breach of Section 4 and the Customer agrees to pay (a) any settlements that the Customer agrees to in writing and signed by an authorised officer, (b) final judgments awarded to the third party claimant by a court of competent jurisdiction, and (c) fines, penalties, or other costs that are imposed by a governmental or regulatory agency. gospace AI will provide prompt written notice of any claim, provided that failure to do so shall only relieve the Customer to the extent that it is actually and materially prejudiced by any delay, and reasonable information and assistance to the Customer in the defence or settlement of the claim at the Customer’s expense. 8.2 **Gospace AI responsibilities.** gospace AI shall be responsible for and shall indemnify the Customer, its employees and agents from and against all expense, liability, loss and claims whatsoever in respect of death or injury to any person in regards to gospace AI’s alleged breach of Section 4, loss of or damage to property (including property belonging to the Customer or for which it is responsible), and any other loss, damage, cost or expense which may arise out of or in consequence of the performance of the Services or of the presence of gospace AI, its employees or agents on the Customer’s premises (which shall include the Customer’s worksites and other places of work). ## **9. Limitation of liability** Notwithstanding anything herein to the contrary, in no event shall gospace AI (or any supplier, licensor or partner of gospace AI) be liable with respect to any cause related to or arising out of these Terms and Conditions, whether in an action based on a contract, tort (including negligence and strict liability) or any other legal theory, however arising, for (a) indirect, special or incidental damages, (b) damages based on lost revenues or profits, loss of business or goodwill, loss or corruption of data or breaches in system security or (c) any damages that exceed the total fees paid and/or owed by the Customer for the Services during the twelve (12) month period immediately prior to the event which gives rise to such damages. These limitations shall apply whether or not gospace AI has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. ## **10. Changes** 10.1 **Modifications.** Gospace AI reserves the right to modify and/or update the Services and/or any components thereof, the Documentation, its support policies, its security and privacy policies and any other information and/or policies provided that such changes shall not materially decrease the functionality of the Service that the Customer has subscribed to during the then current term. gospace AI will provide the Customer with reasonable notice prior to the change taking effect, either by email or by messaging the Customer through the Service. The Customer can review the most current version of the Terms and Conditions at any time by visiting [www.gospace.com/terms](http://www.gospace.com/terms-of-service). The revised Terms and Conditions will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If the Customer accesses or uses the Services after the effective date, that use will constitute Customer’s acceptance of any revised terms and conditions. 10.2 **Updates to services.** Gospace AI may modify, update or discontinue Services (including any portions or features) at any time, without liability to the Customer or anyone else. However, for changes to paid offerings, gospace AI will make reasonable efforts to notify the Customer of the modification, update or discontinuation. If gospace AI discontinues Services or Software in its entirety, gospace AI will use reasonable commercial efforts to allow the Customer to transition the Customer’s Content, and gospace AI will provide the Customer with a pro rata refund for any unused fees for that Service or Software that the Customer prepaid. ## **11. Governing law and jurisdiction** These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. Where in certain jurisdictions there are non-excludable warranties, guarantees or other rights provided by law, these Terms and Conditions do not exclude, restrict or modify them. Except for such non-excludable rights, gospace AI is bound only by the express provisions of these Terms and Conditions. ## **12. Miscellaneous** 12.1 Notices to be given by either party to other pursuant to these Terms and Conditions shall be in writing and directed to the address provided in the applicable Order Form and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt) or (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested) or by certified or registered mail, or (c) by email delivery receipt. 12.2 The Customer may not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of the Customer’s obligations or performance, under these Terms and Conditions, without gospace AI’s prior written consent, which shall not be unreasonably withheld. Any purported assignment, delegation or transfer in violation of this provision is void. gospace AI may assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under these Terms and Conditions without the Customer’s consent. 12.3 These Terms and Conditions are binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns. If any court of competent jurisdiction adjudges any provision of these Terms and Conditions to be to be illegal, unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable, but shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. 12.4 These Terms and Conditions, together with any Order Forms, constitute the sole and entire agreement between the parties with respect to the subject matter contained herein, and replaces and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. 12.5 The Customer agrees that any purchase order, website, purchasing portal, or other instrument issued by the Customer shall be for the Customer’s administrative purposes only and any terms and conditions contained therein shall be of no force or effect even if signed or otherwise accepted or acknowledged by gospace AI. Except as provided herein, no waiver of, addition to, or amendment to any provision of these Terms and Conditions by any party shall be effective unless explicitly set forth in a signed writing. Except as otherwise set forth in these Terms and Conditions, no failure or delay to exercise any right, remedy, or power arising from these Terms and Conditions, in whole or in part, shall operate or be construed as a waiver thereof or preclude any further exercise thereof or the exercise of any other right, remedy, or power. 12.6 Except for the Customer’s payment obligations, neither party shall be in default hereunder by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, strike, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or non-availability of electrical power or equipment, or any other circumstances or causes beyond a party’s reasonable control. 12.7 Gospace AI will not, without the Customer's prior written consent, use or permit the use of the names, service marks and/or trademarks of the Customer, or reveal the existence of any Order Forms or the terms thereof in any manner, including in any advertising, publicity release, customer list or sales presentation, except as required by law or for purposes of an audit by gospace AI's independent auditors. 12.8 In performing its obligations under the Subscription, gospace AI will comply with all applicable laws, statutes and regulations from time to time in force; including but not limited to the Modern Slavery Act 2015 and Bribery Act 2010. *** **These Terms and any non-contractual obligations arising out of them shall be governed by and construed in accordance with English law and if you are a business you agree to submit to the exclusive jurisdiction of the English courts.** # Service Level ## **1. Introduction** This Service Level Agreement (SLA) is governed by our [Terms and Conditions](/terms-and-conditions) and the applicable Order Form. ## **2. Service levels** | **Severity level** | **Description** | **Target response** | **Target resolution** | | ------------------ | --------------------------------------------------- | ------------------- | ------------------------------------ | | 1: Critical | Core functionality not available for multiple users | Within 30 minutes | Workaround 60 mins, resolve 4 hours | | 2: Significant | Single user issue or functionality impaired | 4 hours | Workaround 4 hours, resolve 1 day | | 3: Minor | Minor issue that can be worked around | Within 24 hours | Workaround 24 hours, resolve 7 days | | 4: Low | Minor issue that can be avoided | Within 24 hours | Workaround 48 hours, resolve 30 days | *Note: gospace AI will delay target response times by up to 24 hours from 23 December to 2 January.* ## **3. Uptime** gospace AI will use commercially reasonable efforts to make gospace AI Services available at least 99.9% during any calendar month. Downtime is the overall number of minutes gospace AI was unavailable during any calendar month, and excludes the following: * Slowness or other performance issues with individual features (evolving, analytics etc) * Issues that are related to external apps or third parties * Any products or features identified as pilot, alpha, beta or similar * External network or equipment problems outside of our reasonable control * Scheduled downtime for maintenance ## **4. Responses and responsibilities** **The Customer’s responsibilities:** * The Customer should provide all necessary information and assistance related to service performance that allows gospace AI to meet the above performance standards. * The Customer shall inform gospace AI regarding changing business requirements that may necessitate a review, modification, or amendment of the SLA. **gospace AI’s responsibilities:** * Gospace AI will act as primary support provider of the services herein identified except when third-party service providers are employed who shall assume appropriate service support responsibilities accordingly. * Gospace AI will inform the Customer regarding scheduled and unscheduled service outages due to maintenance, troubleshooting, disruptions or as otherwise necessary.