Terms of Service

1. Acceptance of Terms

Welcome to Thinkforty. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Thinkforty Inc ("Thinkforty," "we," "us," or "our"), a corporation organized under the laws of the State of Delaware. These Terms govern your access to and use of the Thinkforty website, AI-powered personal teaching assistant platform, and all related services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Services.

If you are using the Services on behalf of an organization (such as a school, university, or business), you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

2. Description of Service

Thinkforty Inc provides an AI-powered personal teaching assistant platform designed to deliver personalized, adaptive learning experiences. Our Services include, but are not limited to:

• AI Teaching Assistants: Intelligent tutoring systems that adapt to individual learning styles, pace, and preferences to provide customized educational support.
• Learning Content: Access to educational materials, courses, quizzes, and interactive learning modules across various subjects and skill levels.
• Analytics and Insights: Performance tracking, progress reports, and learning analytics to help users and educators monitor educational outcomes.
• Educator Tools: Tools for educators to create, deploy, and manage AI-powered tutoring experiences for their students.
• Platform Access: Web-based access to the Thinkforty platform, including account management, settings, and support resources.

Thinkforty Inc reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will make reasonable efforts to notify users of significant changes that may affect their use of the platform.

3. User Accounts and Responsibilities

3.1 Account Registration

To access certain features of the Services, you may be required to create an account. When creating an account, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify Thinkforty Inc immediately of any unauthorized use of your account or any other breach of security. Thinkforty Inc will not be liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
• Attempt to gain unauthorized access to any part of the Services, other accounts, computer systems, or networks connected to the Services.
• Use the Services to transmit any malicious code, viruses, or harmful content.
• Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission from Thinkforty Inc.
• Use automated means (bots, scrapers, crawlers) to access the Services without our prior written consent.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.

3.4 Age Requirements

Users under the age of 13 may only use the Services with the consent and supervision of a parent or legal guardian. If you are a parent or guardian and you are aware that your child has provided us with personal information without your consent, please contact us so that we can take appropriate action.

4. Intellectual Property

4.1 Thinkforty's Intellectual Property

The Services and all content, features, and functionality thereof — including but not limited to all information, software, code, AI models, algorithms, text, displays, images, video, audio, design, presentation, selection, and arrangement — are owned by Thinkforty Inc, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 Limited License

Subject to your compliance with these Terms, Thinkforty Inc grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial educational purposes (or for authorized commercial purposes under an applicable subscription plan). This license does not include the right to:

• Modify, adapt, or create derivative works based on the Services or any content therein.
• Reverse engineer, decompile, or disassemble any software or AI models used in the Services.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
• Use the Services or content for any commercial purpose not expressly authorized by Thinkforty Inc.

4.3 User Content

You retain ownership of any content you submit, post, or display through the Services ("User Content"). By submitting User Content, you grant Thinkforty Inc a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of operating, improving, and providing the Services. You represent and warrant that you own or have the necessary rights to grant this license.

5. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THINKFORTY INC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities.
• Cost of procurement of substitute goods or services.
• Personal injury or property damage arising from your use of the Services.
• Any unauthorized access to or alteration of your transmissions or data.
• Any interruption or cessation of transmission to or from the Services.
• Any bugs, viruses, or similar harmful code transmitted through the Services by any third party.

IN NO EVENT SHALL THINKFORTY INC'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO THINKFORTY INC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THINKFORTY INC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

6. Indemnification

You agree to indemnify, defend, and hold harmless Thinkforty Inc, its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of or access to the Services.
• Your violation of these Terms or any applicable law or regulation.
• Your violation of any rights of a third party, including intellectual property rights.
• Any User Content you submit, post, or display through the Services.
• Any activity related to your account, whether authorized by you or not.

Thinkforty Inc reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Thinkforty Inc in asserting any available defenses.

7. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

Thinkforty Inc is incorporated in the State of Delaware and maintains its principal operations in the United States. You agree that any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in the State of Delaware, and you hereby consent to the personal jurisdiction and venue of such courts.

8. Dispute Resolution

8.1 Informal Resolution

Before filing any formal legal action, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") informally by contacting Thinkforty Inc at legal@thinkforty.com. We will attempt to resolve the Dispute informally within sixty (60) days of receiving your notice.

8.2 Binding Arbitration

If a Dispute cannot be resolved informally, you and Thinkforty Inc agree that any Dispute shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Delaware by a single arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

8.3 Class Action Waiver

YOU AND THINKFORTY INC AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

8.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Additionally, claims arising under consumer protection statutes that prohibit pre-dispute arbitration agreements are excluded from this arbitration provision.

9. Termination

9.1 Termination by You

You may terminate your account and stop using the Services at any time by contacting us at support@thinkforty.com or through your account settings. Upon termination, your right to access and use the Services will immediately cease.

9.2 Termination by Thinkforty

Thinkforty Inc may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including but not limited to:

• Violation of these Terms or any applicable law or regulation.
• Conduct that Thinkforty Inc reasonably believes is harmful to other users, third parties, or the business interests of Thinkforty Inc.
• Extended periods of inactivity on your account.
• Failure to pay applicable fees for paid subscription plans.
• Requests by law enforcement or other government agencies.

9.3 Effect of Termination

Upon termination, all licenses and rights granted to you under these Terms will immediately cease. Thinkforty Inc may delete your account data within thirty (30) days of termination, except where retention is required by law. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, limitation of liability, indemnification, governing law, and dispute resolution.

10. Modifications to Terms

Thinkforty Inc reserves the right to modify these Terms at any time at our sole discretion. When we make material changes, we will notify you by:

• Posting the updated Terms on our website with a revised "Last Updated" date.
• Sending a notification to the email address associated with your account.
• Displaying a prominent notice on the Thinkforty platform.

Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Services and terminate your account. We encourage you to review these Terms periodically to stay informed of any changes.

11. General Provisions

11.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by Thinkforty Inc on the Services, constitute the entire agreement between you and Thinkforty Inc concerning the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

11.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

11.3 Waiver

The failure of Thinkforty Inc to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Thinkforty Inc.

11.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without the prior written consent of Thinkforty Inc. Thinkforty Inc may assign these Terms at any time without notice or consent. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

12. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us: