1. Definitions
In these Terms of Service, the following terms have the meanings set forth below:
“Account” means your account with Thinkific for accessing and using the Services.
“Account Owner” means the person or entity that signs up for the Services and is the contracting party under this Agreement as further described in Section 2.
“AI Technologies” means systems and components of systems comprising software that is developed with machine learning, artificial intelligence, statistical or other mathematical techniques or approaches, for a given set of human-defined objectives, and which may generate outputs such as Content, predictions, recommendations, or decisions influencing the environments they interact with; and including associated algorithms, models, parameters, weights, code, data, processes, hardware and tools of any kind.
“Content” means all content including videos, files, data, graphics, photos, links, text, and AI-generated content that are uploaded to or created within your Account.
“Feedback” means any ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our services, site, proposed services, documentation or business.
“Sensitive Information” includes government-issued identification numbers, financial account information, personal health information, biometric data, and other categories of data defined as “sensitive” or “special” under applicable data protection laws.
“Services” has the meaning set forth in the preamble and includes all features, tools, and functionality provided by Thinkific under this Agreement.
Which means
References key defined terms used throughout these Terms of Service.
2. Account Terms
You agree to the following terms relating to your Account:
2.1. Subject to your compliance with these Terms of Service, you are granted a revocable, limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services provided by Thinkific in accordance with these Terms of Service.
2.2. You must be at least the age of majority in the jurisdiction where you reside or from which you use the Services or have permission from a parent or legal guardian that has agreed to these Terms of Service on your behalf.
2.3. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
2.4. You are responsible for ensuring that your registration information is true, accurate and complete.
2.5. You acknowledge that Thinkific will use the email address you provide as the primary method for communication, and Thinkific may send email communications to you and your users to convey information about Thinkific’s products and services, including promotional information about new or updated products and services, and Thinkific events. You and your users may opt-out of such communications on an individual basis by managing your communication preferences within the Services.
2.6. You are responsible for keeping your password secure. Thinkific will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You must promptly notify Thinkific if you become aware of any unauthorized access to or use of your Account or password.
2.7. You are responsible for all activity within your Account (whether with or without your knowledge or consent), including all Content.
2.8. Thinkific provides artificial intelligence (“AI”) tools as part of its Services. The Services utilize AI tools and technology, including AI-generated content. You acknowledge that AI-generated content may be inaccurate, incomplete, or inappropriate. As with all of your content used with the Services, you are solely responsible for reviewing, verifying, and approving any AI-generated content before using or publishing it. AI-generated content that resembles advice is for general informational purposes only and should not be relied upon as professional advice. You must consult with appropriate professionals for specific advice tailored to your situation. Thinkific is not responsible for any consequences resulting from your use of AI-generated content. You acknowledge that AI-generated content may incorporate elements derived from third-party intellectual property, and you are solely responsible for ensuring that your use of AI-generated content does not infringe or misappropriate any third-party rights. Thinkific reserves the right to monitor any AI-generated content and if we determine that such content violates these Terms of Service or could materially harm Thinkific’s reputation or other users, we may immediately modify or remove the AI-generated content or suspend or terminate your access to your Account or the Services in accordance with Section 10.
2.9. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Thinkific will result in an immediate termination of your Services, without notice to you. Thinkific may terminate this Agreement immediately upon any material violation of these Terms of Service.
Which means
You have to use your own information to create a valid Account and you are responsible for the details of that Account. If you materially breach these Terms of Service, Thinkific may immediately terminate your Services without notice. Other termination procedures are described in Section 10.
If we need to reach you, we will send you an email to the email you provided. We may also email you to provide you with other information that we think might interest you, but you can opt out of those communications if you prefer. You need to keep your Account details secure, and you are responsible for all activity within your Account, whether with or without your knowledge or consent.
The Services include AI tools that may generate content, but you’re responsible for reviewing and verifying any AI-generated content before using it. AI outputs aren’t always accurate or appropriate, so don’t rely on them as professional advice. You should never input Confidential Information or Sensitive Information into AI features.
3. Account Activation
3.1. Subject to Section 3.2, the person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Account Owner in connection with the Services.
3.2. If you are signing up for the Services on behalf of your employer, your employer will be the Account Owner and you represent and warrant that you have the authority to bind your employer to our Terms of Service. If you are signing up for the Services on behalf of a minor, you (and not the minor) will be the Account Owner and be responsible for the use of by the minor of any corresponding Account we may provide.
Which means
The person signing up for the Thinkific Services is responsible for the Account and is bound by these Terms of Service.
If you sign up on behalf of your employer, your employer owns the Account and is also bound by our Terms of Service.
4. General Conditions of Use
The following general conditions apply to your use of the Services:
4.1. Technical support is only provided to the paying Account Owners and is primarily available via the in-app chatbot or by email.
4.2. You are responsible for the activity in your Account and the conduct of your customers and users.
4.3. You must ensure that you and your customers and users do not, either directly or indirectly:
4.3.1. use the Services for or in connection with any illegal or unauthorized purpose or in a manner that: (a) infringes, violates or misappropriates any rights of any person, including intellectual property, confidentiality or privacy rights, (b) is harmful, hateful, dangerous, fraudulent, deceptive, misleading, threatening, harassing, defamatory, offensive, biased, obscene, vulgar, indecent, menacing, tortious or otherwise objectionable as determined by Thinkific in its sole discretion, (c) attempts, in any manner, to obtain the credentials, password, account, or other security information from any other user, (d) submits false or misleading information, or (e) breaches any laws, rules or regulations applicable to your access or use of the Services;
4.3.2. reverse engineer, decompile, disassemble, decrypt or otherwise attempt to discover the code or underlying structure, ideas, know-how or algorithms relevant to the Services or access the Services, or write or develop any program based on the Services or any portion thereof, in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;
4.3.3. circumvent or attempt to circumvent any limitations imposed on your Account including any license, timing or use restrictions that are built into the Services;
4.3.4. manipulate or attempt to manipulate our Services for any reason, including to receive lower pricing, for example, by signing up for free trials with different usernames, impersonating others, or sharing passwords or encouraging others to share theirs;
4.3.5. lend, sell, resell, lease, sublicense, transfer, assign, distribute, grant a security interest in, or otherwise use the Services for the benefit of a third party, except as expressly permitted for your authorized users;
4.3.6. modify, translate, or create derivative works based on the Services or any software, hardware, documentation or data related to the Services, in whole or part, or reproduce, duplicate, copy, or exploit any portion of the Services in whole or in part except to the extent expressly permitted in writing by Thinkific or authorized within the Services;
4.3.7. upload, transmit, disseminate or use the Services to send or store malicious code, including any worms, viruses, Trojan horses, or any other software or code of a destructive nature;
4.3.8. use the Services to collect, store, or otherwise process any Sensitive Information. You acknowledge that the Services are not designed for the management of such information. If you use the Services to process any Sensitive Information, you do so at your own risk. Thinkific will have no liability for such use, and you are solely responsible for ensuring compliance with all applicable laws. Thinkific may suspend or terminate your Account if we determine that you are using the Services to process Sensitive Information in violation of this provision;
4.3.9. use the Services other than in accordance with our product documentation;
4.3.10. permit the Services to be used by anyone other than the Account Owner or their authorized users as permitted under this Agreement;
4.3.11. use the bandwidth, storage and other Services provided by Thinkific in an unreasonable and disproportionate manner based on your subscription plan tier. We may monitor usage to ensure fair distribution of resources among all Thinkific customers. In the event that your use of bandwidth, storage, or other Services exceeds what is reasonable and proportionate to your subscription plan, we reserve the right to take appropriate measures, including but not limited to implementing bandwidth throttling, imposing storage limits, suspending or terminating your access to the services, in whole or in part, without liability;
4.3.12. the use of email Services provided by Thinkific is subject to the following monthly sending limits based on your subscription plan: (a) Basic – 24,500 emails; (b) Start – 49,500 emails; (c) Grow – 99,500 emails; and (d) Expand – 249,500 emails;
4.3.13. use of direct messaging features within the Services may not exceed 140,000 direct messages per Account annually. In the event that your usage of direct messaging features is exceeded, Thinkific reserves the right to restrict or suspend access to the direct messaging features under this Section 4.3.13;
4.3.14. use the Services to advertise, promote or market competitor platforms to Thinkific’s or for any third party’s interests or benefit, other than for the proper use of the Services, without our consent;
4.3.15. violate, circumvent, or otherwise interfere with any security measures or authentication of the Services; upload or transmit any malicious code, including any viruses or Trojan horses; or interfere with or disrupt the integrity or performance of the Services, including by overloading, flooding, spamming, or mailbombing;
4.3.16. use any robot, spider, device, technology or process to monitor or copy any data or pages within the Services or to use any deep-link, scraper, robot, bot, spider, data mining, computer code, manual process or any other device, program, tool, algorithm, process or methodology to systematically access, acquire, copy, slow, or monitor any portion of any Content, image, copyrightable material, data or information on any site of any person using the Services; and
4.3.17. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Thinkific or Thinkific trademarks and/or variations and misspellings thereof, or alter or remove any trademarks or proprietary notices contained in or on the Services without our consent.
4.4. You are responsible for maintaining separate backups of any Content you require, to the extent such Content is made available to you for download or export through the Services. If Thinkific chooses to provide export or download features for Content, not all Content (including videos uploaded by your users) may be available for download or export by you and Thinkific may discontinue such features at any time without notice.
4.5. Questions about the Terms of Service should be sent to [email protected].
4.6. You understand that your Content (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
4.7. You acknowledge that Content may include videos or other content uploaded by your users. You agree that Thinkific may, in accordance with its internal data retention and archiving policies, archive such content. While Thinkific may provide certain export or download features for Content from time to time, not all content (including videos uploaded by your users) may be available for download or export by you. You acknowledge and agree that you are responsible for maintaining separate backups of any Content you require, to the extent such content is made available to you for download or export through the Services. Thinkific reserves the right to monitor usage of video upload features and if we observe usage that significantly exceeds reasonable usage patterns for your subscription tier or that negatively impacts platform performance for other customers, we may take appropriate action. If we observe usage that significantly exceeds reasonable usage patterns for your subscription tier or that negatively impacts platform performance for other customers, we may immediately restrict or suspend access to video upload features or your Account in accordance with Section 10.
4.8. If you are on a Thinkific plan with transaction fees and don’t have written consent from Thinkific, you agree not to charge people to access your courses other than by collecting payments on the Thinkific Services. Any attempt to bypass the Thinkific payment system to avoid transaction fees may result in the suspension or cancellation of the Services and Account.