Terms of Service

This Thinkless Terms of Service (“Agreement”) is entered into by and between Thinkless Technologies (“Thinkless”) and the entity or person placing an order for or accessing the Services (“Customer”). This Agreement consists of the terms and conditions set forth below and any Order Form. The “Effective Date” of this Agreement is the date which is the earlier of (a) Customer’s initial access to the Services through any online provisioning, registration or order process or (b) the Effective Date of the first Order Form. This Agreement will govern Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement. Thinkless may modify this Agreement from time to time as permitted in Section 13.4 (Amendment).

Capitalised terms shall have the meanings set forth in Section 1, or in the section where they are first used.

1. Definitions

1.1 “Authorised Devices​” means those mobile, desktop, or other devices with which the Services can be accessed and used.

1.2 “​Content​” means code, content, fonts, graphics, designs, documents, or materials created using the Services by Customer and its Users or imported into the Services by Customer and its Users.

1.3 “Documentation” ​means the technical materials made available by Thinkless to Customer and/or its Users in hard copy or electronic form describing the use and operation of the Services.

1.4 “Services” Thinkless’ proprietary web-based products and services, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s Services subscription.

1.5 “Order Form” means a document signed by both Parties identifying the Enterprise Services to be made available by Thinkless pursuant to this Agreement.

1.6 “​Packages​” or “Components” means add-on modules made available within the Services. Packages and Components may be created by Thinkless, Customer or other third parties. Packages and Components created by Thinkless are supported as part of the Services. Thinkless will use reasonable efforts to support Customer’s use of Packages and Components created by third parties but disclaims all warranties as to such Packages and Components.

1.7 “User” means an employee, contractor or other individual associated with Customer who has been provisioned by Customer with access to the Services.

1.8 “Services” means Thinkless' SaaS product, web design software, tools, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s subscription to the Services.

2. License and use rights

2.1 Services. Thinkless hereby grants Customer a non-exclusive, non-transferable license during the Term (as defined in Section 12) to: (a) use the Services and to download and install desktop or mobile applications as applicable on the number and type of Authorised Devices solely for Customer’s internal business purposes in accordance with the Documentation, and/or (b) use our SaaS product, hosted systems, design software, tools, and build websites under the thinkless.io domain.. The Services are delivered electronically.

2.2 Provisioning the Services. Thinkless will provide to Customer the necessary passwords, security protocols, policies, network links or connections (“Access Protocols”) to allow Customer and its Users to access the Services as described herein; no other access to the website or servers from which the Services are delivered is permitted. Customer will provision its Users  to access and use the features and functions of the Services through the Access Protocols. Customer may select one or more Users to act as administrators and control, manage and use the Services on Customer’s behalf. Customer shall be responsible for all acts and omissions of its Users.

2.3 Registering for an account. To use the Services, Users will need to register and create an account, which requires the disclosure of certain information (including their full name, password, and email address). Thinkless accounts will give Users access to the Services and functionality that Thinkless may establish and maintain from time to time and in Thinkless' sole discretion. Users’ usernames and passwords are tied to them as a person, and cannot be shared across teams nor can anybody except the User gain access to the account by using their details. All Users must be human. Accounts registered by “bots”, generic team accounts for sharing or other automated methods are not permitted.

2.4 Software Restrictions. Customer will not, and will not authorise any User to:

a) reverse look-up or trace any information of any other user or visitor or otherwise use the Services for the purpose of obtaining information of any other user or visitor;

b) transmit spam, chain letters, or other unsolicited email;

c) upload invalid data, viruses, worms, or other software agents through the Service;

d) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide, or attempt to hide your identity;

e) disclose any information that Customer does not have the consent to disclose (such as confidential information of others, including their personally identifiable information);

f) use any device, software, or process to interfere with, or attempt to interfere with, the proper working of the Services or any Content, or any systems or networks connected to the Service, or with any other person's use of the Service;

g) conduct, engage in or otherwise process End User information or data to analyse individuals or groups of natural persons for unlawful or discriminatory purposes;

h) use the Services or any Content for any purpose that is unlawful or prohibited by the Agreement;

i) store or collect any personally identifiable information that is deemed sensitive or requires special protections under applicable laws. For example, Social Security numbers, passwords, and credit card information;

j) copy or duplicate the Services;

k)  decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of the Services is compiled or interpreted;

l)  modify the Services or the Documentation, or create any derivative work from any of the foregoing, except with the prior written consent of Thinkless;

m) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Customer’s rights under Sections 2.1 and 2.2;

n) use the Services to build a similar or competitive product or service;

o) damage, interfere with or disrupt the integrity, performance or use of the Services;

p) use the Services for any purposes prohibited by law, including without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons;

q) use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy, or monitor any portion of the Services or any Content or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service; or

r) submit, transmit or display any Content, or use Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Thinkless or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval.

Customer will not conceal, remove, obscure or alter (i) any proprietary notice or legend regarding Thinkless' proprietary rights in the Services; or (ii) trademarks or logos displayed as part of the Services. Customer will ensure that its use of the Services complies with all applicable laws, statutes, regulations or rules.