Terms Of Service

Introduction

Welcome to Thinky Face. These Terms of Service ("Terms") govern your access to and use of the Thinky Face website, application, and services (collectively, the "Service") operated by Thinky Face ("we," "our," or "us").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

Description of Service

Thinky Face is a platform that allows users to store, organize, and manage AI prompts. Users can keep prompts private in personal accounts or share them with team members in team accounts.

Personal Accounts: Free accounts for individual use with public and private prompt storage.
Team Accounts: Paid accounts that enable collaboration and prompt sharing among team members (as well as public and private prompt storage).

Account Registration

To use certain features of the Service, you must create an account. When creating an account, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Keep your password secure and confidential
Accept responsibility for all activities that occur under your account
Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or contain false information.

Acceptable Use

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

Use the Service in any way that violates applicable laws or regulations
Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
Impersonate any person or entity or misrepresent your affiliation with a person or entity
Interfere with or disrupt the Service or servers or networks connected to the Service
Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
Use the Service to send spam, unsolicited communications, or promotional materials
Collect or harvest any personally identifiable information from other users
Use automated scripts or bots to access the Service without our prior written permission
Upload content that infringes on intellectual property rights of others

User Content

Ownership

You retain ownership of any content you create, upload, or store on the Service ("User Content"). By uploading User Content, you grant us a limited license to host, store, and display your content as necessary to provide the Service to you and, where applicable, to your team members based on your visibility settings.

Responsibility

You are solely responsible for your User Content. You represent and warrant that:

You own or have the necessary rights to use and authorize us to use your User Content
Your User Content does not violate the privacy rights, publicity rights, copyrights, or other rights of any person or entity
Your User Content does not violate any applicable law or regulation

Content Visibility

Private Content: Content marked as private is only visible to you.
Team Content: Content shared with your team is visible to all members of that team account.
Public Content: Content marked as public may be visible to all users of the Service.

You are responsible for properly configuring visibility settings for your content.

Team Accounts and Billing

Team Accounts

Team accounts are subject to paid subscriptions. The account owner is responsible for managing team membership and billing.

Payment Terms

Fees are charged in advance on a recurring basis (monthly or annually, as selected)
All fees are non-refundable except as required by law or as expressly stated in these Terms
We may change our fees upon reasonable notice; continued use after a fee change constitutes acceptance
Failure to pay may result in suspension or termination of your account

Cancellation

You may cancel your team account subscription at any time. Upon cancellation:

Your subscription will remain active until the end of the current billing period
You will not be charged for subsequent billing periods
Your team account features will revert to personal account limitations

Intellectual Property

Our Property

The Service, including its original content, features, and functionality, is owned by Thinky Face and is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.

Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, and incorporate such feedback into the Service without any obligation to you.

Third-Party Services

The Service may contain links to or integrations with third-party websites or services. We are not responsible for the content, policies, or practices of any third-party services. Your use of third-party services is at your own risk.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

The Service will be uninterrupted, secure, or error-free
The results obtained from the Service will be accurate or reliable
Any errors in the Service will be corrected

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THINKY FACE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your access to or use of (or inability to access or use) the Service
Any conduct or content of any third party on the Service
Any content obtained from the Service
Unauthorized access, use, or alteration of your transmissions or content

Our total liability to you for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

Indemnification

You agree to defend, indemnify, and hold harmless Thinky Face and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

Your access to or use of the Service
Your violation of these Terms
Your violation of any third-party rights
Your User Content

Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

Changes to Terms

We may revise these Terms from time to time. The most current version will always be available on this page.

By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service.

Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination:

Your right to use the Service will immediately cease
We may delete your account and User Content
Provisions of these Terms that by their nature should survive termination shall survive

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, United States, without regard to its conflict of law provisions.

Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with arbitration taking place in South Carolina.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Thinky Face regarding the Service and supersede all prior agreements and understandings.

Contact Us

If you have any questions about these Terms, please contact us at:

Thinky Face
509 9th Ave N
Myrtle Beach, SC 29577
Email: support@thinkyface.com