Terms of Service for thinkrr.ai
Last Updated: June 16, 2024
This Agreement is between Product Labs Consulting Inc., a company registered in Ontario and British Columbia, Canada, operating under the brand name thinkrr.ai, and the company or person accessing or using the Product (the "Customer"). By signing up, accessing, or using the Product, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions set forth herein.
Definitions
1.1 "Product" refers to the AI phone service and online web portal provided by thinkrr.ai, a brand of Product Labs Consulting Inc.
1.2 "Customer" means the company or person who accesses or uses the Product.
1.3 "Customer Content" means any data, information, or material provided or submitted by Customer to the Product.
Access and Use of the Product
2.1 Product Labs Consulting Inc. grants Customer a non-exclusive, non-transferable, and limited right to access and use the Product during the Subscription Period, subject to the terms of this Agreement.
2.2 Customer agrees to use the Product only for lawful purposes and in compliance with all applicable laws and regulations.
2.3 Customer shall not:
(a) copy, modify, or create derivative works of the Product;
(b) reverse engineer, decompile, or disassemble the Product;
(c) sell, resell, rent, lease, or sublicense the Product; or
(d) use the Product to store or transmit infringing, libelous, or otherwise unlawful material.
Intellectual Property
3.1 Product Labs Consulting Inc. retains all right, title, and interest in and to the Product, including all intellectual property rights therein.
3.2 Customer retains all right, title, and interest in and to the Customer Content.
Privacy and Data Protection
4.1 Product Labs Consulting Inc.'s collection, use, and disclosure of personal information in connection with the Product is governed by its Privacy Policy, which is incorporated into this Agreement by reference and complies with applicable Canadian privacy laws, such as PIPEDA and relevant provincial legislation.
4.2 Customer acknowledges and agrees that Product Labs Consulting Inc. may use third-party AI models to enhance the Product and that Customer Content may be shared with these models for processing and analysis, as described in the Privacy Policy.
Fees and Payment
5.1 Customer shall pay the applicable fees for the Product as set forth on thinkrr.ai's pricing page or as otherwise agreed upon in writing.
5.2 Product Labs Consulting Inc. reserves the right to modify its pricing at any time upon reasonable notice to Customer. Any price changes will take effect at the start of the next Subscription Period.
5.3 Customer is responsible for all taxes, duties, and other governmental charges associated with the Product, excluding taxes based on Product Labs Consulting Inc.'s net income.
Term and Termination
6.1 This Agreement shall commence on the Effective Date and continue until terminated by either party.
6.2 Either party may terminate this Agreement at any time and for any reason upon written notice to the other party.
6.3 Upon termination, Customer's right to access and use the Product shall immediately cease, and Customer shall promptly delete all copies of the Product in its possession or control.
Disclaimer of Warranties
7.1 The Product is provided "as is" and "as available," without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.2 Product Labs Consulting Inc. does not warrant that the Product will meet Customer's requirements or that its operation will be uninterrupted or error-free.
Limitation of Liability
8.1 In no event shall Product Labs Consulting Inc. be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to this Agreement or the Product.
8.2 Product Labs Consulting Inc.'s total liability under this Agreement shall not exceed the fees paid by Customer to Product Labs Consulting Inc. during the 12-month period preceding the event giving rise to the claim.
Governing Law and Dispute Resolution
9.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles.
9.2 Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration conducted in accordance with the rules of the Canadian Arbitration Association or through the courts of the Province of Ontario, at the election of the party initiating the dispute.
Language
10.1 This Agreement is drafted in English. A French translation of this Agreement will be made available upon request. In the event of any discrepancies between the English and French versions, the English version shall prevail.
Miscellaneous
1.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, with respect to the subject matter hereof.
11.2 Product Labs Consulting Inc. may modify this Agreement at any time by posting a revised version on its website or by notifying Customer via email. Customer's continued use of the Product after any such changes shall constitute its acceptance of the modified Agreement.
11.3 If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
By using the thinkrr.ai Product, Customer acknowledges that it has read, understood, and agrees to be bound by the terms and conditions of this Agreement.