These Terms of Service ("Terms") are a contract between you and Holiander, Inc., a California S corporation, doing business as Thorgate ("Holiander," "we," "us"). They govern your use of Thorgate, our US trademark monitoring and deadline docketing service (the "Service") offered at thorgate.com. By creating an account or using the Service, you agree to these Terms. If you don't agree, don't use the Service.

Thorgate is one of Holiander's products. References to "Thorgate" in these Terms refer to the Service; references to "Holiander," "we," or "us" refer to the legal entity providing it.

1. Account and eligibility

You must be at least 18 years old and authorized to bind your organization to these Terms in order to create an account. The person who creates the account is the "Account Holder" and is responsible for activity under that account, including the actions of every user invited to it.

You are responsible for keeping your account credentials confidential. Notify us promptly at support@thorgate.com if you believe an account has been accessed without authorization.

2. The service

Thorgate monitors the public United States Patent and Trademark Office ("USPTO") register. For the marks you choose to watch, the Service scores newly published applications and registrations for similarity, reports status changes in plain English, and computes statutory deadlines from public filing data. We make best efforts to ingest register data accurately and on schedule; we do not guarantee that every relevant filing is surfaced, that scoring identifies every potential conflict, or that data is current at any given moment. Register data is sourced from the USPTO and may lag official records.

Holiander is not a law firm and Thorgate does not provide legal advice. No attorney-client relationship is created by your use of the Service. Output from the Service, including similarity scores, severity bands, status summaries, computed deadlines, and class suggestions, is informational only. The Service is not a trademark clearance search and is not a substitute for a professional search or the advice of a qualified attorney. Statutory deadlines shown are estimates derived from public data and must be confirmed against the USPTO's own records. You are solely responsible for any filing, enforcement, or legal decision made in connection with Service output.

We may modify or discontinue features. Material reductions in functionality will be communicated at least 30 days in advance, except where required for security, legal compliance, or where the affected feature is in a publicly-labeled preview state.

3. Subscriptions, billing, refunds

Thorgate offers monthly subscription plans (Brand, Professional, Firm). Pricing is published at https://www.thorgate.com/pricing. Subscriptions auto-renew monthly until cancelled.

You may cancel at any time from your billing settings. Cancellation takes effect at the end of your current billing period; you keep access until then. We do not pro-rate or refund partial months unless required by law.

The 14-day free trial requires no credit card. We will email you before the trial ends; if you don't choose a paid plan, your account is paused, monitoring and alerts stop, but your data is preserved for 60 days, during which you can subscribe to resume monitoring. After 60 days, paused accounts are deleted.

We may change pricing with at least 30 days' written notice (typically email). Continued use of the Service after a price change takes effect constitutes acceptance.

Failed payments may result in service suspension after a reasonable grace period. Re-activation requires payment of any outstanding balance.

4. Acceptable use

You agree not to use the Service to: (a) track content unlawfully, (b) harass, defame, or harm any third party, (c) reverse-engineer, decompile, or attempt to derive source code from the Service, (d) circumvent rate limits or other technical restrictions, (e) resell access without our written authorization, (f) violate the rights (including intellectual property rights) of any third party, or (g) submit false or misleading information.

The Service monitors the public USPTO register. You represent that you have a legitimate business interest in the marks you submit for watching, and that your use of the Service and of any findings, including any enforcement action you choose to take, complies with applicable law. You are responsible for how you act on a finding; a similarity score is not a determination that any third party has infringed your rights.

5. Customer data and privacy

You retain ownership of all data you submit to or generate within the Service ("Customer Data"). Holiander processes Customer Data as described in our Privacy Policy and, where applicable, our Data Processing Agreement. You can request an export of your data, or its deletion, at any time per the Privacy Policy.

You grant Holiander a limited license to host, process, and display your Customer Data solely as needed to provide the Service.

6. Third-party content and subprocessors

The Service ingests and stores records from the public USPTO trademark register. Those records are public government data; Holiander makes no claim of ownership over them, and third-party marks referenced in the Service remain the property of their respective owners. Similarity scores, severity classifications, status summaries, and computed deadlines produced by Thorgate are owned by Holiander, but you have a perpetual, royalty-free right to use them in connection with managing and enforcing your own marks.

Holiander uses a small set of subprocessors to operate the Service; the current list is described in our Privacy Policy. We notify customers of new subprocessors via email; you may object by terminating your subscription before the change takes effect.

7. Warranties and disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, except as required by law. Holiander specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components. We do not warrant that every relevant filing will be surfaced, that similarity scoring will identify every potential conflict or avoid false positives, that register data will be complete or current, or that computed deadlines are accurate for your particular mark. Missing a conflict or a deadline is a foreseeable limitation of an automated monitoring service; you remain responsible for independently confirming status and dates with the USPTO and your counsel.

8. Limitation of liability

To the maximum extent permitted by law, Holiander's total aggregate liability arising from or related to these Terms or the Service will not exceed the fees you paid to Holiander for the Service in the 12 months immediately preceding the event giving rise to the claim. Holiander is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost revenue, business interruption, or loss of data, even if advised of the possibility.

These limitations apply regardless of the legal theory of liability and even if a remedy fails of its essential purpose.

9. Indemnification

You agree to indemnify, defend, and hold harmless Holiander and its officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service in violation of these Terms or applicable law, (b) Customer Data you submit, or (c) your violation of any third-party rights.

10. Term and termination

These Terms remain in effect while you have an active account. Either party may terminate for convenience: you can cancel at any time, and we may terminate accounts that have been inactive for an extended period or that violate these Terms.

Either party may terminate immediately for material breach if the other party fails to cure the breach within 30 days of written notice. Upon termination, your right to use the Service ends, and your data is handled per the Privacy Policy retention provisions.

Provisions that by their nature should survive termination, including ownership, limitations of liability, indemnification, and dispute resolution, survive.

11. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated at least 30 days in advance via email and an updated "Last updated" date on this page. Continued use of the Service after the effective date of changes constitutes acceptance.

12. Governing law and disputes

These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-laws principles.

Any dispute arising from these Terms or the Service that cannot be resolved through good-faith negotiation will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in California (or another mutually agreed location), in English, before a single arbitrator. Each party bears its own costs except as the arbitrator may award.

If arbitration is unavailable or excluded as to a particular claim, the parties consent to the exclusive jurisdiction of the state and federal courts located in California for the resolution of such claim.

This arbitration provision does not apply to small claims or to claims for injunctive relief related to intellectual property.

13. Miscellaneous

These Terms (together with the Privacy Policy and any DPA) are the entire agreement between you and Holiander regarding the Service, and supersede prior agreements on the subject.

If any provision is held unenforceable, the remaining provisions remain in effect. Failure to enforce any right is not a waiver of that right.

You may not assign these Terms or transfer your account without our consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of all or substantially all of our assets, or to an affiliate.

14. Contact

Questions about these Terms: support@thorgate.com.

Holiander, Inc.
California, United States

Terms of service.