Last updated: August 22, 2024
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ThinkAI, Inc. ("Company," "we," "our," or "us") regarding your use of our corporate resource management platform, associated services, and any related software, applications, or tools (collectively, the "Services").
By accessing, using, or registering for our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use our Services.
These Terms apply to all users of our Services, including but not limited to individual users, corporate administrators, system integrators, and any other parties who interact with our platform. Your organization's use of our Services may also be governed by a separate Master Service Agreement or Enterprise License Agreement, which will take precedence over these Terms in case of conflict.
We reserve the right to modify these Terms at any time in accordance with the procedures outlined in the "Changes to Terms" section below. Your continued use of our Services following any such modifications constitutes your acceptance of the revised Terms.
ThinkAI provides a comprehensive, cloud-based corporate resource management platform designed to help enterprises optimize their asset management, risk monitoring, and decision-making processes. Our Services include:
Our Services are provided on a subscription basis and may include different tiers of functionality, user limits, and support levels as outlined in your specific service agreement. We continuously update and improve our Services, and new features may be added or existing features may be modified or discontinued with appropriate notice to users.
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice, for reasons including but not limited to maintenance, security updates, legal compliance, or business considerations. We will make reasonable efforts to provide advance notice of significant changes that may impact your use of the Services.
To access our Services, you must create an account by providing accurate, complete, and current information as requested in our registration process. You represent and warrant that:
You are solely responsible for maintaining the confidentiality and security of your account credentials, including usernames, passwords, and any other authentication methods. You agree to:
We may suspend, restrict, or terminate your account and access to our Services immediately and without prior notice if:
You may terminate your account at any time by following the account closure procedures in your account settings or by contacting our support team. Upon termination, your right to access and use our Services will cease immediately.
You agree to use our Services only for lawful purposes and in accordance with these Terms. You are prohibited from using our Services to:
We reserve the right to investigate any suspected violations of this Acceptable Use Policy and to take appropriate action, including but not limited to removing content, suspending accounts, and cooperating with law enforcement authorities.
You retain all ownership rights to the data, content, and information that you upload, input, or otherwise provide to our Services ("Customer Data"). By using our Services, you grant us a limited, non-exclusive, royalty-free license to process, store, and use your Customer Data solely for the purpose of providing our Services to you.
We implement industry-standard security measures to protect your Customer Data, including encryption, access controls, and regular security assessments. However, you acknowledge that:
Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the data practices described in our Privacy Policy.
We will retain your Customer Data for as long as your account is active and as necessary to provide our Services. Upon account termination, we will delete your Customer Data within a reasonable timeframe, subject to legal requirements and legitimate business needs. You may request data deletion at any time by contacting our support team.
Use of our Services may be subject to subscription fees, usage charges, and other costs as outlined in your specific service agreement or pricing schedule. You agree to:
Unless otherwise specified in your service agreement, fees are billed in advance on a monthly or annual basis. Payments are processed automatically using your designated payment method. You authorize us to charge your payment method for all applicable fees and charges.
If payment is not received when due, we may:
Refund policies are outlined in your specific service agreement. Generally, fees are non-refundable except as required by applicable law or as specifically stated in your agreement. You may cancel your subscription at any time, but cancellations will be effective at the end of your current billing period.
ThinkAI and our licensors own all rights, title, and interest in and to our Services and related intellectual property, including:
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services solely for your internal business purposes. This license does not include the right to:
Any feedback, suggestions, ideas, or other input you provide regarding our Services ("Feedback") will be deemed non-confidential and non-proprietary. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our Services without restriction or compensation to you.
Our Services may include or provide access to third-party content, services, or integrations. We do not control or endorse such third-party content and are not responsible for its accuracy, legality, or appropriateness. Your use of third-party content is subject to the terms and conditions of the respective third parties.
Our Services are provided "as is" and "as available" without warranties of any kind. While we strive to maintain high availability, we do not guarantee that our Services will be uninterrupted, error-free, or completely secure at all times.
To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to:
To the maximum extent permitted by law, our total liability to you for any claims arising from or related to these Terms or your use of our Services shall not exceed the amount you paid us for the Services in the 12 months preceding the claim. In no event shall we be liable for:
Our Services provide analytical tools, insights, and information but do not constitute professional advice, including financial, investment, legal, or accounting advice. You should consult qualified professionals for specific guidance related to your business decisions and circumstances.
You agree to defend, indemnify, and hold harmless ThinkAI, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. This indemnification obligation will survive termination of these Terms.
You may terminate your account and these Terms at any time by:
Termination will be effective at the end of your current billing period unless you have violated these Terms, in which case termination may be immediate.
We may terminate or suspend your access to our Services immediately and without prior notice if:
Upon termination of these Terms:
These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in San Diego County, California.
Any disputes arising from or related to these Terms or our Services will be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will be conducted in San Diego, California, except for claims that may be brought in small claims court.
We may modify these Terms at any time by posting the updated Terms on our website and notifying you through email or our Services. Material changes will be effective 30 days after notice, while non-material changes will be effective immediately. Your continued use of our Services constitutes acceptance of the modified Terms.
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect. Our failure to enforce any provision of these Terms will not constitute a waiver of our right to enforce such provision in the future.
These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and ThinkAI regarding your use of our Services and supersede all prior or contemporaneous communications and proposals.
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms and our rights and obligations hereunder at any time without restriction, including in connection with a merger, acquisition, or sale of assets.
For questions about these Terms of Service, legal matters, or any other inquiries, please contact us through any of the following methods:
Legal Department Email: legal@thinkai.com
General Inquiries: info@thinkai.com
Phone: +1 (619) 724-8630
Mailing Address:
ThinkAI, Inc.
Legal Department
2836 Menlo Ave
San Diego, CA 92105
United States
Our legal team will respond to your inquiry within 5 business days and work with you to address any questions or concerns you may have about these Terms of Service.