Effective Date: January 23, 2024

This Terms of Service Agreement ("Agreement") constitutes a legally binding agreement between you, the user ("User" or "you") and ThinkBuddy LLC. ("ThinkBuddy", "we", "us" or "our"), governing your access to and use of the ThinkBuddy software applications, services, and website (collectively, the "Service").

By accessing or using the Service, you represent that you have read, understood, and agree to be bound by this Agreement in its entirety. If you do not agree, you may not access or use the Service.

1. Description of Service

ThinkBuddy provides a platform and interface enabling Users to interact with artificial intelligence technologies including natural language processing models ("AI Systems") provided by third parties such as Anthropic, OpenAI, Microsoft, and Google. The Service facilitates functionalities such as information retrieval, content creation, and automation through User interactions with the AI Systems. ThinkBuddy acts solely as an intermediary and does not store or retain User interactions, queries, or any content.

2. Eligibility and Account Registration

You represent and warrant that you are (i) at least 18 years of age; (ii) have the legal authority to enter into this Agreement; and (iii) will use the Service in compliance with this Agreement and all applicable laws. To access the Service, you must register for an account by providing true, accurate, current and complete information. You are solely responsible for the activity that occurs under your account, including maintaining account security and restricting access. You must immediately notify ThinkBuddy of any unauthorized account use or other security breach.

3. Fees and Payments

Use of the Service is subject to payment of subscription fees as per the pricing and plans presented on the ThinkBuddy website and mobile applications. ThinkBuddy offers no-obligation trial periods, monthly and annual subscriptions, and limited-time lifetime subscription deals. Paid subscriptions automatically renew for subsequent periods unless cancelled. You authorize ThinkBuddy to charge your provided payment method on a recurring basis until cancellation. All sales are final but ThinkBuddy offers full refunds for monthly/annual plans within 30 days of purchase. Lifetime subscriptions are non-refundable.

4. Acceptable Use

You agree to abide by all applicable laws and regulations in your use of the Service. You may not use the Service for any unlawful, harmful, dangerous, or offensive purposes. ThinkBuddy reserves the right to determine appropriate use in its sole discretion. Examples of prohibited activities include but are not limited to:

• Illegal activities

• Violating intellectual property rights

• Generating harmful, unsafe, deceptive or unlawful content

• Impersonation, fraud

5. Intellectual Property Rights

ThinkBuddy retains all rights, title, and interest in and to the Service, including technologies, software, content, and data. This includes all patents, trademarks, trade secrets, copyrights, proprietary methods and systems, and other intellectual property rights. Your permitted use of the Service confers no title or ownership rights. You may not copy, modify, adapt, translate, create derivative works from, reverse engineer, disassemble, or decompile the Service or any portion.

6. Privacy and Security

ThinkBuddy utilizes industry standard technical, administrative, and physical safeguards to protect the security, confidentiality, and integrity of your data. However, we cannot guarantee that unauthorized access, hacking, data loss or other breaches will never occur. ThinkBuddy is not responsible for any damages or liabilities relating to security incidents. You may review our Privacy Policy for additional details.

7. Termination of Service

You may close your account and stop using the Service at any time. ThinkBuddy may suspend or terminate your access to the Service immediately for any breach of this Agreement. Upon termination, your right to access or use the Service will immediately cease. ThinkBuddy will not be liable to you or any third party for termination of Service.

8. Disclaimer of Warranties

ThinkBuddy provides the Service "as is" without warranty of any kind. We expressly disclaim all warranties, whether express, implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Use of the Service is at your own risk.

9. Limitation of Liability

In no event shall ThinkBuddy, its affiliates, directors, employees, or agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising from or related to your use or inability to use the Service. This limitation applies regardless of the basis or form of action.

10. Modification of Terms

ThinkBuddy may amend this Agreement from time to time, in which case the updated Agreement will supersede prior versions. We will notify you of material changes by posting notice on the Service. Your continued use of the Service constitutes acceptance of the amendments.

11. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the State of Delaware without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware for resolution of any dispute arising from or related to this Agreement or the Service.

12. Entire Agreement

This Agreement represents the entire agreement between you and ThinkBuddy relating to use of the Service. It supersedes any prior agreements or understandings. ThinkBuddy's failure to enforce any provision of this Agreement shall not constitute a waiver.

By accessing or using the ThinkBuddy Service, you affirm that you have read, understand, and agree to be bound by this Agreement. Questions regarding this Agreement can be directed to legal@thinkbuddy.com.