Thynk AI User License Agreement
User License Agreement
Last Updated: May 26, 2025
Effective Date: Date of First Payment
Parties: This User License Agreement (“Agreement”) is entered into by and between Thynk AI, LLC, located at 1881 West Traverse Parkway, Suite E-610, Lehi, UT 84043 (“Thynk AI”), and the individual or entity accepting this Agreement electronically as evidenced by their payment to Thynk AI for Services (“Client”).
1. SERVICES PROVIDED
Thynk AI agrees to provide the Client with access to and use of the sum of or all of the following bundled services as indicated on the Client’s Invoice (“Services”):
a. Thynk AI Agents
AI-powered omni-channel communication Agent (voice, SMS, email, and chat).
AI Agent setup, initial training, and ongoing configuration support tailored to the Client’s business requirements provided for the first 30 days (“Setup Process”). Additional changes beyond the initial configuration may be subject to additional fees.
b. Thynk CRM / Business Management Platform
Web-based CRM for marketing, automation, ai agent and lead management.
Unlimited user accounts included.
Includes integration with Client systems via webhooks and API’s of record. Custom integrations via API, Webhook or automation platforms may incur additional costs.
c. Setup, Support & Maintenance
Initial setup and onboarding by a Thynk Implementation and Support.
Documentation and support for third-party services.
Ongoing system updates and feature enhancements.
Routine performance optimization check-ins.
Standard Support: 24/7 Support by chat, email and Zoom meeting
Premium Support available during business hours 9am-5pm Mountain time.
Fees:
Setup and Monthly Subscription fees as outlined in the Invoice
Monthly Usage Fees (vary based on system usage per client)
Thynk AI is not liable for any outages, overages, or billing issues with third-party services.
Term:
This Agreement is effective upon acceptance and continues until terminated by either party under Section 7.
2. PAYMENT TERMS
Subscription fees will be billed automatically in accordance with the selected billing schedule.
Late Payments: A $100 late fee applies if payment is not received within 5 days of the due date.
If payment is more than 15 days late, Thynk AI may suspend access to Services.
If payment is 30+ days late, Thynk AI may cancel Services entirely. Reinstatement may require a new setup fee and prepayment.
Refunds: All payments are non-refundable, including partial months or unused services.
All payments must be made in United States Dollars (USD) via the payment method on file.
Thynk AI reserves the right to increase its fees no more than once per calendar year. Fee increases shall not exceed the greater of (a) ten percent (10%), or (b) the annual percentage change in the U.S. Consumer Price Index for All Urban Consumers (CPI-U), published by the U.S. Bureau of Labor Statistics.
Fee changes will take effect 30 days after written notice is provided to the Client via email or through the billing portal.
3. CUSTOM WORK
Any work outside of the standard Services requires a mutually agreed-upon written Change Order and may involve additional fees and time.
4. CONFIDENTIALITY & INTELLECTUAL PROPERTY
Both parties agree to:
Maintain the confidentiality of proprietary information.
Not disclose or use confidential information outside the scope of this Agreement.
Take reasonable precautions to protect such information from unauthorized disclosure.
Duration: These obligations survive termination and remain in effect for Three (3) years post-termination.
Breach: Any attempt by the Client to resell, disclose, or reverse-engineer Thynk AI’s technology will result in immediate termination of this Agreement and legal action. This does not apply to public domain information or disclosures compelled by law.
5. LICENSE GRANT & RESTRICTIONS
Thynk AI grants the Client a non-exclusive, non-transferable, revocable license to access and use the Services solely for internal business purposes.
The Client agrees not to:
Copy, modify, distribute, sell, lease, or reverse-engineer any part of the Services.
Use the Services to develop a competing product or service.
Share login credentials with unauthorized users.
6. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
Thynk AI’s total liability under this Agreement shall not exceed the total fees paid by the Client in the six (6) months preceding the claim.
Thynk AI is not liable for indirect, incidental, special, or consequential damages, including lost profits or data loss, arising from the use of or inability to use the Services.
7. TERM AND TERMINATION
The initial term of this Agreement (“Term”) shall be as indicated in the Client’s Payment Link or Order Form. Upon expiration of the Initial Term, this Agreement will automatically renew for successive terms of equal length (each a “Renewal Term”) unless either party provides written notice of non-renewal.
All fees for Renewal Terms will be billed in accordance with the pricing in effect at the time of renewal, subject to any fee adjustments outlined in Section 2.
Either party may terminate this Agreement by providing written notice. Upon termination:
Client access to Services will be revoked.
Any outstanding fees remain due and payable.
Sections related to confidentiality, limitations of liability, and license restrictions survive termination.
Client may cancel Services by providing 10 days’ written notice prior to their next contract cycle.
8. GOVERNING LAW & JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. Any disputes shall be resolved in the state or federal courts located in or closest to Utah County, Utah.
9. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties and supersedes all prior or contemporaneous agreements, whether written or oral. No waiver or modification shall be valid unless in writing and signed (or electronically accepted) by both parties.
By clicking “I Agree” or proceeding with payment you acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement.
