Terms Of Service
Thank you for selecting the Product and Services offered by ThinkOut S.R.L. and/or its subsidiaries and affiliates (referred to as “ThinkOut”, ”Product”, ”Services/Service”, ”platform”, ”application”, “we”, “our”, or “us”). Please review these Terms and Conditions (“Agreement”) thoroughly. This Agreement acts as a legal agreement between you and ThinkOut. By electronically accepting it (for example, by clicking “I Agree”), installing, accessing or using the Product, you agree to these terms. If you do not agree to this Agreement, then you may not use the Product.
Terms of service Agreement between ThinkOut S.R.L.
You, as user
Scope of this Agreement
The Software-Product as a pre-release copy upon which this Agreement is formulated, all affiliated materials, including information and documentation will be collectively referred to as the “Product”. The Product is protected by the laws and regulations of copyright. This agreement licenses you, as the `user’ (either an entity or an individual) to use (not sell) the “Product” for the purpose it was created. The ThinkOut S.R.L. reserves all rights not expressly granted.
User Rights, Duties, and extent of Use
ThinkOut S.R.L. grants the User a simple, non-exclusive and temporally restricted right to use the “Product” solely for the purpose it was created. Copyright, trade secret, and other intellectual property laws protect the Product and the services that accompany it.
Your rights in the “Product” are limited to those expressly granted in this agreement. In particular, ThinkOut S.R.L. reserves all rights of reproduction, distribution, and publication.
The license is valid for the respective version acquired. New versions of the Product must be re-licensed. ThinkOut S.R.L. is not obligated to provide maintenance, technical support or updates to the User. In the situation of providing such services, they are considered an added value to the Services that were acquired.
The license is restricted to the object code of the “Product”. ThinkOut S.R.L. is not obliged to provide the user with the source code. The user may not reverse engineer, decompile, dis- and/or reassemble, or change, alter, modify the “Product”; or create derivative works, enhancements extensions or add-ons to/of any part of the “Product”.
This license entitles the user to use the “Product” online, from any device that bares an Internet connection. The right to use the Product extends to the multiple users registered under the same user account.
The user is obliged to prevent unauthorized access to the “Product” by third parties through the implementation of appropriate precautionary measures. The original storage media delivered and any backups are to be stored in a location protected against unauthorized access by a third party. The User is to be obliged to advise potential employees to respect copyright and the terms of this agreement.
The User shall not rent, lease, sell, sublicense, assign any portion of the “Product” or the “Product” itself.
Duplication of the “Product” is prohibited, provided that the duplication is not necessary for the normal operation of the “Product”. Duplication is considered necessary when downloading or printing out data from the running application for exclusively personal use.
Translation of the “Product” is prohibited.
Any copy protection system, copyright notice, or registration number built into the “Product”, or any other characteristics that serve to identify the program, are not to be removed by the User.
Term of Agreement
The term of this Agreement shall commence on the date the User creates an account on https://app.thinkout.io and terminates when the user cancels the subscription and the user account is deleted. A continuation of the term may be granted by ThinkOut S.R.L. on written request.
Furthermore, the rights conferred to the User under this agreement terminate without notice from ThinkOut S.R.L. if the User fails to comply with any term(s) of this agreement.
The User is obliged to bind organizations, assistants, auxiliary persons, representatives or other persons who could get in contact with information in the same way.
For Services offered on a payment or subscription basis, the following terms apply, unless ThinkOut S.R.L. or its vendor(s) notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Product.
Payments will be billed to you by ThinkOut S.R.L. and/or its vendor(s) in Euros, U.S. Dollars, or other currencies which may be made available (plus any and all applicable taxes, including without limitation VAT and GST) as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Product.
The subscriptions will be paid as it follows:
- With a valid credit card acceptable to ThinkOut S.R.L. and/or its vendor(s) by filling in the credit card details when applying for a subscription on the ThinkOut platform.
- With a valid debit card acceptable to ThinkOut S.R.L. and/or its vendor(s) by filling in the debit card details when applying for a subscription on the ThinkOut platform.
- The first payment is made on the first day following the 30-day free trial period through automatic withdrawal.
- The subscription can be cancelled at any moment in time; in the absence of a cancellation (or a written notification from the User), the value of the subscription is automatically withdrawn at the beginning of a new subscription period.
If your payment and registration information are not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, ThinkOut S.R.L. and/or its vendor(s) may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
ThinkOut S.R.L. and/or its vendor(s) will automatically renew your monthly, quarterly, or annual Services at the current rates unless the Services are canceled or terminated under this Agreement.
Additional cancellation or renewal terms may be provided to you on the website for the Services.
You are responsible for your content. You are responsible for all materials (“Content”) uploaded, posted or stored through your use of the Product. Archive your Content frequently. You grant ThinkOut S.R.L. a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. ThinkOut S.R.L. is not responsible for the Content or data you submit through the Product.
You agree not to use, nor permit any third party to use, the Product to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to.
- a. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
- b. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
- c. Except as permitted by ThinkOut S.R.L. in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- d. Virus, trojan horse, worm or other disruptive or harmful software or data; and
- e. Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
Community forums. The Product may include a community forum or other social media accounts used to exchange Content and information with other users of the Services and the public. ThinkOut S.R.L. does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which ThinkOut S.R.L. is not responsible.
ThinkOut S.R.L. may freely use feedback you provide. You agree that ThinkOut S.R.L. may use your feedback, suggestions, or ideas in any way, including in future modifications of the Product, other products or services, advertising or marketing materials. You grant ThinkOut S.R.L. a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty-free license to use the feedback you provide to ThinkOut S.R.L. in any way.
ThinkOut S.R.L. may monitor your Content. ThinkOut S.R.L. may, but has no obligation to, monitor content on the Product. We may disclose any information necessary to satisfy our legal obligations, protect ThinkOut S.R.L. or its customers, or operate the Product properly. ThinkOut S.R.L., in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
This agreement can be modified by ThinkOut S.R.L., with a written notification sent to the Users.
This agreement is governed by and interpreted in accordance with Romanian and EU law.