Terms of Service

Last Updated: May 26, 2025

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE USING THE PLATFORM.

These Terms of Service ("Terms") govern your subscription to and use of the Thynk AI platform and related services (“Platform”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

USE OF PLATFORM 

- Age and Authority. You must be at least 18 years old to use the Platform. You represent that you have the authority to enter into these Terms on behalf of yourself or your business.

- Account Ownership. The individual or entity that registers for the account is the owner of the Account.

- Intended Use. You may use the Platform solely to operate your own business and interact with your own customers. You may not resell, sublicense, white-label, or otherwise offer the Platform to others as a standalone product or service.

- Restrictions. You agree not to use the Platform in any unlawful manner or to compete with Thynk AI. Reverse engineering, sublicensing, or modifying the Platform is strictly prohibited.

- Compliance. You are solely responsible for complying with all applicable laws and regulations, including privacy, communication, and data laws.

- Privacy. You agree to our Privacy Policy and are responsible for implementing your own privacy and usage policies for your customers.

- Login Credentials. You are responsible for keeping your credentials secure. Thynk AI may access your account for support and security purposes.

- Communication Services. You are responsible for complying with all laws related to messages sent via the Platform.

- Third-Party Services and Content. Your use of integrated third-party services is at your own risk. Thynk AI disclaims responsibility for any issues caused by third-party tools.

- Excessive Use. Excessive or abusive use may result in limits, suspension, or termination.Updates. Platform features may be added, removed, or modified at Thynk AI’s discretion.

- International Use. You are responsible for compliance with all local and international laws and restriction

- AI Use. You must follow all applicable laws when using AI features.

- Domain Names. Any domain or phone numbers purchased on your behalf by Thynk AI may be transferred upon request (fees may apply).

- Account Transfer. Sub-Accounts will not be transferred without your consent unless account ownership is in dispute or inactive.

- Security Testing. Unauthorized testing or penetration is prohibited.

- Certification. You may not misrepresent certification status. Use of certification credentials is subject to Thynk AI’s discretion.

- E-commerce. You are solely responsible for goods or services sold through the Platform.

BRANDING & USAGE POLICY 

- No Resale. You may not resell, white-label, rebrand, sublicense, or market access to the Platform to others.

- Branding Restrictions. You may not misrepresent Thynk AI’s technology as your own or imply a reseller relationship unless otherwise authorized.

CODE OF CONDUCT

- See Exhibit A for prohibited uses.

FEES AND BILLING 

- Billing. You agree to timely payment of subscription and usage fees.

- Wallet. Pre-paid funds will be used to cover service fees.

- Disputes. All billing disputes must be submitted in writing within 30 days.

- Cancellations. You are responsible for canceling services as outlined in your Service Agreement and will remain liable for charges until cancellation is complete.Refunds. All fees are nonrefundable unless required by law.

- Taxes. You are responsible for any taxes associated with your use.

AFFILIATE PROGRAM 

- Participation is subject to a separate Affiliate Agreement.Self Affiliate referrals are not allowed. 

INTELLECTUAL PROPERTY 

- Platform IP. Thynk AI owns and/or controls all rights to the Platform and its content.

- Branding. Use of Thynk AI trademarks or content without permission is prohibited.

- User Content. You grant Thynk AI a license to use content you submit.Prohibited Content. Content that violates laws or rights of others is prohibited.

- Feedback. Thynk AI may use feedback without obligation or compensation.

- DMCA. If you believe that your copyright or other intellectual property rights have been infringed by a user of our Platform, please submit a written notice to Thynk AI's designated copyright agent at [email protected] or by mail at: Thynk AI, Attn: DMCA Agent, 1881 W Traverse Parkway, Suite E-610, Lehi, UT 84043.

DISCLAIMERS

- Platform is provided “as-is” without warranties. Use is at your own risk.

LIMITATION OF LIABILITY

- Thynk AI’s liability is limited to fees paid in the prior six months. No liability for indirect or consequential damages or for damages incurred by third-party providers.

CLAIM TIME LIMIT

- Claims must be filed within 30 days of the event.

INJUNCTIVE RELIEF

- Thynk AI may seek equitable relief for violations of these Terms.

SEVERABILITY

- Invalid terms do not affect the remainder.

ASSIGNMENT

- You may not assign this agreement. Thynk AI may assign without notice.

ENTIRE AGREEMENT

- These Terms represent the entire agreement unless a separate written agreement is signed.

TERMINATION

- Thynk AI may suspend or terminate access at any time for violations or inactivity.

GOVERNING LAW & ARBITRATION

- These Terms are governed by Utah law. All disputes will be resolved via arbitration in Salt Lake City, Utah. Class actions are waived.

NOTICES

- Notices will be sent via email. Contact [email protected] or [email protected].

EXHIBIT A -

CODE OF CONDUCT

The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of these Terms for which Thynk AI may immediately suspend or terminate your Platform Account in accordance with these Terms:

- Use of the Platform in any way that violates any applicable law or regulation.

- Use of the Platform in a country that prohibits or restricts the use of Artificial Intelligence.

- Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.

- Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.

- Use of the Platform to transmit, or procure the sending of any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

- Impersonating or attempting to impersonate Thynk AI, a Thynk AI employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

- Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform

- Engaging in any conduct that may, as determined by Thynk AI, harm Platform users or Thynk AI, or expose either to liability.

- Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.

- Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

- Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without Thynk AI’s prior written consent.

- Use of any device, software or routine that interferes with the proper working of the Platform.

- Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

- Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.

- Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.

- Otherwise attempting to interfere with the proper working of the Platform.

- Child sexual exploitation or abuse content.

- Sexually explicit content.

- Generation of hateful, harassing, or violent content.

- Abusive or fraudulent conduct.

- This includes but is not limited to:

- Promoting or facilitating the generation or distribution of spam, fraudulent activities, scams, phishing, or malware;

- Compromising cybersecurity systems or gaining unauthorized access to violate the integrity of any user, network, computer or communications system, software application, or network or computing device;

- Violate any natural person’s rights, including privacy rights as defined in applicable privacy law;

- Appropriating confidential or personal information;

- Impersonating a human by presenting results as human-generated;

- Engaging in disinformation campaigns;

- Astroturfing, or the generation of fake grassroots support or fake review information;

- Plagiarize or engage in other forms of academic dishonesty.

- Illegal or highly regulated goods or services content, or other activity that has a high risk of economic or physical harm. This includes but is not limited to:

- Engaging in any illegal activity;

- Providing instructions on how to commit or facilitate any type of crime;

- Gambling;

- Payday lending;

- Cryptomining practices;

- Automatic determinations of eligibility for credit, employment, educational institutions, or public assistance services;

- Engaging in unauthorized practice of law or seeking unreviewed legal advice;

- Engaging in unauthorized practice of medicine or seeking unreviewed medical advice;

- Providing unauthorized financial advice;

- Law enforcement application or criminal justice decisions;

- Military or warfare application, weapons development;

- Management or operation of critical infrastructure in energy, transportation, and water;

- Political campaigning or lobbying in violation of campaign laws

EXHIBIT B -

ARTIFICIAL INTELLIGENCE ACCEPTABLE USE POLICY

- AI features of the Platform may not be used in any manner contrary to the relevant laws, regulations, and industry standards, including, but not limited to, data protection and privacy regulations (e.g., GDPR, CCPA); financial industry guidelines (e.g., PCI DSS); as a part of automated decision making process with legal or similarly significant effects; or in violation of any intellectual property rights or geographical restriction.

- AI features may not be used to discriminate against any person or groups on grounds of religion, race, sexual orientation, gender, national/ethnic origin, political beliefs. disability, health status, trade union membership, age, criminal convictions or engage in any biased, intimidating, defamatory, harassing, bullying or otherwise inappropriate behaviors.

- AI features may not be used for generating individualized advice that in the ordinary course of business would be provided by a licensed professional including but not limited to medical, financial, tax, or legal advice. You must disclose to your customers when they are interacting with an AI-based voice or chatbot.

- All assets created through the use of generative AI systems must be professional and respectful. You may not use offensive or abusive language and may not engage in any behavior that could be considered discriminatory, harassing, or biased when applying generative techniques.

- You must take necessary steps to protect confidential and sensitive information of your users and customers

- AI usage may not not damage, disable, overburden, or impair any websites or launches any automated system, including “robots,” “spiders,” or “offline readers,” that sends more request messages to any servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser.

- AI features may not be used to spread misinformation, engage in malicious activities, or any other uses that could harm individuals or society.

- AI features may not be used in any manner which is prohibited by the Agreement.