Terms of Service (US)

About Us

The software is owned by ThinkSmart Software Pty Ltd and is licensed to certain affiliates and third parties including Lion Capital Investments, LLC d/b/a ThinkSmart Software USA, LLC. References to ThinkSmart in these terms and conditions include these affiliates and licensees, as appropriate.

Use of Software

By using the ThinkSmart software, you agree with these terms of service.

Account Setup / Email on file

It is your responsibility to provide us with a correct email to which you are signing up under. If there is ever an abuse issue or ThinkSmart needs to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Content

All services provided by ThinkSmart may only be used for lawful purposes. ThinkSmart reserves the right to refuse service. Any material that, in our sole judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Violations will be reported to the appropriate law enforcement agency. Users are responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Privacy

ThinkSmart reserves the right to collect customer's personal and company information for the use within the software. ThinkSmart does not share or sell customer information with any other sources; provided that ThinkSmart may share information among its affiliates and licensees.

Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated with or without notice.

ThinkSmart reserves the right to require changes or disable as necessary any account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Payment Information

You agree to supply appropriate payment for the services received from ThinkSmart in advance of the time period during which such services are provided. You agree that until and unless you notify ThinkSmart of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellation requests must be provided at least 30 days in advance of the start of a new billing period (first of the month) in writing (email from the primary account holder). ThinkSmart does not take on responsibility if we have not received any cancellation notification promptly.

Cancellations received after the 1st of the month will be honoured for the next billing period.

Cancelled accounts will remain active until the start of the next billing period (1st of next month) following the date of your cancellation.

Data from a cancelled account may be deleted from the database within thirty-days after cancellation. ThinkSmart does not guarantee any extended data storage beyond that time

ThinkSmart reserves the right to change the monthly payment amount and any other charges at any time.

ThinkSmart reserves the right to cancel the account at any time with or without notice.

Disclaimer

ThinkSmart accepts no liability for any data loss, server error or downtime.

The ThinkSmart software is provided on as AS IS WHERE IS basis with all defects and errors. THINKSMART HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES EXPRESS OR IMPLIED AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THINKSMART SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE THINKSMART SOFTWARE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE THINKSMART SOFTWARE IS TO DISCONTINUE YOUR USE THEREOF.

Refunds

Due to ThinkSmart software delivery model no refunds will be required or provided.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Price Change

ThinkSmart reserves the right to change prices, at any time without notice.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold ThinkSmart harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ThinkSmart, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ThinkSmart against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ThinkSmart (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from ThinkSmart’s server.

Licensing Agreement

All ThinkSmart’s products are licensed in the name of the primary account holder only. ThinkSmart does not sell or provide licences to any entity other than the licensee’s personal name; this includes registered business names, companies and trusts. This licence is not transferrable. The licence to ThinkSmart’s products cannot be on sold from a current licensee without prior consent from ThinkSmart. If these terms are breached ThinkSmart reserves the right to cancel this license. Please Note: Cancellation fees may apply.

Arbitration

By using any ThinkSmart services, you agree to binding arbitration. If any disputes or claims arise against ThinkSmart or its subsidiaries, such disputes will be handled by an arbitrator ThinkSmart’s choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

Disclaimer

ThinkSmart shall not be responsible for any damages your business may suffer. ThinkSmart makes no warranties of any kind, expressed or implied for services we provide. ThinkSmart disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ThinkSmart and its employees.

Disclosure to Law Enforcement

ThinkSmart may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to the Terms of Service

ThinkSmart reserves the right to revise its policies at any time without notice. Revised terms will be posted to the ThinkSmart website.

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