Thynk Forward Conversational AI Terms of Use

Subscriber’s Compliance with Prerecorded Message and Consent Requirements

Subscriber understands and acknowledges that Thynk Forward provides tools for Subscriber’s responsible use, and it is Subscriber’s sole responsibility for such use. Continued access and use of the Thynk Forward services is subject to Subscriber’s compliance with these Terms of Use. Thynk Forward may monitor, but is not obligated to and bears no responsibility for, uploading of information, databases or audio messages. In addition to other requirements set forth in these Terms of Use, Subscriber agrees that it shall comply with all applicable laws and the following requirements.

Compliance with Applicable Telemarketing and Dialing Laws

Subscriber agrees that it shall comply with and abide by all applicable Federal and State laws, rules and regulations governing the use of automated or prerecorded/artificial calls or texts including but not limited to the Telephone Consumer Protection Act, the Telemarketing Sales Rule and accompanying Do-Not-Call regulations, and, without limitation, any and all current or future equivalent state telemarketing laws regulating the use of prerecorded or automated calls/texts, state do-not-call regulations, and state telemarketer registration requirements.
Subscriber shall provide accurate, correct, and truthful Caller ID information.
Subscriber shall provide all disclosures required by law.
Subscriber agrees and acknowledges that compliance with such laws is Subscriber’s sole responsibility.

Affirmative Consent Where Required

Subscriber acknowledges and understands that recipient consent is required for certain types of communications. Subscriber understands that there may be different “levels” of consent for different communications.
Without limiting the foregoing sections, if Subscriber does not have either consent or a business relationship with a recipient as required by applicable law or legally valid exemption from, or legally valid exception to, such laws, Subscriber shall not make that communication.
Subscriber (i) has and maintains personally or via a third-party the records to prove that Subscriber had the necessary consent, business relationship or legally valid exemption from, or legally valid exception to, such laws at the time of the communication and (ii) will provide certified copies of such records to Thynk Forward promptly on Thynk Forward’s email request.

Terms of Use

The following Terms of Service (the "Agreement") are entered into by and between Thynk Forward, LLC ("Thynk Forward") and the person or entity on whose behalf the Services (as defined below) are used or accessed (the "Subscriber") governing our platform services, including our programs, features, account portals, and technical support (the "Services"). For clarification, Subscriber includes both those who do and who do not pay for Services. If you do not agree to this Agreement, you are prohibited from using or accessing our Services. We may modify these terms at any time by posting the revised terms to our website. Your continued use of our Service means that you have accepted the changed terms.

Thynk Forward may at any time, without notice to you, revise this Agreement and any other information contained in this website by updating this posting. Thynk Forward and its service providers may also make improvements or changes in Services at any time without notice.

General

This website and all content in this website (the "Site") may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Thynk Forward's prior written consent, except that Thynk Forward grants Subscriber non-exclusive, non-transferable, limited permission to access and display the Web pages within this Site. This permission is conditioned on Subscriber not modifying the content displayed on this Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Subscriber’s failure to comply with this Agreement will result in automatic termination of any rights granted to Subscriber, without prior notice, and Subscriber must immediately destroy all copies of downloaded materials in Subscriber’s possession or control. Except for the limited permission in the preceding paragraph, Thynk Forward does not grant Subscriber any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. Subscriber may not mirror any of the content from this Site on another website or in any other media.

Certain Disclaimers

Information on this website is not guaranteed to be correct, current, or complete, and this Site may contain technical inaccuracies or typographical errors. Thynk Forward assumes no responsibility (and expressly disclaims responsibility) for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, Subscriber should confirm the accuracy and completeness of all posted information before making any decision related to any Services.

Subscriber Data

Subscriber provides to Thynk Forward a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferrable, sublicensable license to use, copy, perform, reproduce, display, and distribute, including to create derivative works or incorporate into other works, all Subscriber-owned data provided by Subscriber or which Subscriber makes available to Thynk Forward in connection with Subscriber’s use of the Services (“Subscriber Data”) for the limited purpose of fulfilling Thynk Forward’s obligations under this Agreement, including without limitation conducting research, development, usage monitoring, and other day-to-day business activities.

Usage Data

Subscriber acknowledges that Thynk Forward may obtain certain usage, technical, and statistical data regarding Subscriber’s use of the Services and that such usage, technical, and statistical data is the sole property of Thynk Forward and is not Subscriber Data. Thynk Forward may use and disclose usage, technical, and statistical data without restriction.

Confidentiality

During the performance of the Services, each party may disclose (the “Disclosing Party”) or receive (the “Receiving Party”) information of a confidential nature that is of value to the Disclosing Party, whether written or oral, that is:

1. marked as “confidential,” or with a similar designation;
2. identified by the Disclosing Party as confidential and/or proprietary before, during, or promptly after presentation or communication; or
3. disclosed to (or otherwise acquired by) Receiving Party in a manner in which the Disclosing Party reasonably communicated, or the Receiving Party should reasonably have understood under the circumstances or from the nature of the information or data disclosed, that the information or materials should be treated as confidential, whether or not the specific designation “confidential” or any similar designation is used (“Confidential Information”).

Disclosure and Use:

Except as provided below or with the prior written consent of the Disclosing Party, the Receiving Party will not:

1. disclose any Confidential Information of the Disclosing Party other than on a need-to-know basis to its directors, officers, members, managers, employees, affiliates, attorneys, and contractors, solely to the extent and only for the purpose of performing or exercising the Receiving Party’s rights and obligations under this Agreement;

2. except as otherwise provided in this Agreement, use Confidential Information other than for fulfilling the obligations or exercising the rights of the Receiving Party under this Agreement;

3. allow others to make copies of such Confidential Information except as is reasonably necessary to fulfill the Receiving Party’s obligations or exercise its rights under this Agreement; or
4. remove or export any such Confidential Information in violation of any applicable law. The Receiving Party shall treat the Confidential Information of the Disclosing Party, and will cause its directors, employees, attorneys, affiliates, and contractors to treat such Confidential Information, with at least the same degree of care and protection as it would use with respect to its own Confidential Information of a similar nature, but in no event less than reasonable care.

The obligations set forth above shall not apply with respect to the use or disclosure of information:

1. previously known to the Receiving Party without obligation of confidence;
2. independently developed by or for the Receiving Party without use of or access to the Disclosing Party’s Confidential Information and without breaching this Agreement;
3. acquired by the Receiving Party from a third party which is not under an obligation of confidence with respect to such information; or
4. which is or becomes publicly available through no breach of this Agreement.

A Receiving Party may make a disclosure of Confidential Information if required either by applicable law or legal process (as a result of legal compulsion or in order to advance a defense to a claim), in response to a request by a governmental authority or in connection with a proceeding before a court, adversary proceeding, administrative proceeding, governmental or regulatory proceeding if:

1. the Receiving Party only discloses that portion of the Confidential Information reasonably required to be disclosed; and
2. unless prohibited by law, the Receiving Party provides reasonable notice to the Disclosing Party in advance of the disclosure so that the Disclosing Party may seek confidential treatment for the Confidential Information, a protective order or other appropriate remedy, relief or reliable assurances that confidential treatment will be afforded the information so disclosed at the sole cost and expense of the Disclosing Party or consent in writing to having the Confidential Information so produced or so disclosed (which consent will extend solely to the disclosure and production in question).

Return and Remedies

Upon the request of the Disclosing Party, or upon termination of this Agreement, Receiving Party will promptly return (or, with written permission from the Disclosing Party, destroy) all copies of any Confidential Information in its possession or control and, upon request, will acknowledge to the Disclosing Party in writing that such delivery or destruction has been fully effected. The Receiving Party acknowledges that the unauthorized disclosure or use of such Confidential Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, the Receiving Party agrees that the Disclosing Party will have the right to obtain an immediate injunction enjoining any breach of the Disclosing Party’s confidentiality obligations, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach.

Indemnification

Subscriber will defend (at Thynk Forward’s option), indemnify, and hold Thynk Forward and its affiliates, subsidiaries, successors, assignees, owners, directors, officers, employees, contractors, representatives, and agents (collectively, “Thynk Forward Indemnitees”) harmless from and against any and all claims, governmental investigations, demands, actions, and proceedings, real or threatened, and all losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or related to:

1. any breach or alleged breach of this Agreement, including the representations and warranties contained herein, by Subscriber,
2. Subscriber’s negligence or misconduct, or
3. Subscriber’s use of the Services or information obtained therefrom (including without limitation Subscriber transmitting or receiving communications through the Service).

If Thynk Forward elects for Subscriber to provide defense, Subscriber will:

1. obtain legal counsel reasonably acceptable to Thynk Forward;
2. permit Thynk Forward to participate in the defense using separate counsel at Thynk Forward’s cost; and
3. not settle any action without the prior written consent of Thynk Forward (which may not be unreasonably withheld).

The foregoing indemnification obligations represent the sole indemnification protections intended, and the Parties waive all right to any other indemnification protections provided by common law, statute, or otherwise.

Warranty Disclaimer

USE OF THIS SITE AND SERVICES IS AT SUBSCRIBER’S SOLE RISK. ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. THYNK FORWARD EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, THYNK FORWARD MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SUBSCRIBER UNDERSTANDS AND AGREES THAT IF SUBSCRIBER DOWNLOADS OR OTHERWISE OBTAINS MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, SUBSCRIBER DOES SO AT SUBSCRIBER’S OWN DISCRETION AND RISK AND THAT SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING WITHOUT LIMITATION LOSS OF DATA OR DAMAGE TO SUBSCRIBER’S COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES. IN THOSE INSTANCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL THYNK FORWARD OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SHAREHOLDERS, SUBSIDIARIES, OR AFFILIATES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, OR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THE AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THYNK FORWARD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Compliance with Law

Subscriber agrees to use the Services in accordance with all applicable federal, state, and local laws and regulations and industry standards. Without limiting the generality of the foregoing, Subscriber will use the Services in compliance with the Telephone Consumer Protection Act of 1991 (“TCPA”) and all regulations implementing the TCPA, other teleservices laws and regulations, and privacy and data security laws and regulations.

Subscriber acknowledges that all calls are recorded on the platform. Without limiting the generality of the foregoing, Subscriber agrees to comply with all state recording and wiretapping laws.

Subscriber bears sole responsibility for compliance with applicable laws and regulations and sole liability for any and all communications sent using the Services.

Third Party Content + Sites

The Service may contain or may interact with or otherwise be associated with third party platforms, services, plug-ins, applications, ads, tools and/or other content, and/or links to third-party websites or other services that are not owned, controlled or operated by Thynk Forward (collectively, "Third Party Services"), including services operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Thynk Forward. Thynk Forward may also host our content, apps and tools on Third Party Services. Thynk Forward is not responsible for the content of any Third Party Services. Subscriber’s use of a Third Party Service linked from the Service is at Subscriber’s own risk and will be governed by such third party's terms and policies.

References on the Service to any names, marks, products, or services of third parties, or links to Third Party Services or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. Thynk Forward is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third Party Services. Some Third Party Services may impose fees for access to their resources through our Service and/or your account and you are responsible for all such fees. Finally, Thynk Forward will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third Party Services.

You hereby grant Thynk Forward an irrevocable perpetual license to use, reproduce, edit, create derivative works from, distribute, display, copy, transmit or otherwise use in any way, commercially or otherwise, any material that you post to any social networking site or other Third Party Service in connection with Thynk Forward or Service.

Relationship of the Parties

The parties hereto are independent contractors. Neither party is an employee, agent, partner, or joint venture of the other. Neither party shall have the right to bind the other to any agreement with a third party or to incur any obligation or liability on behalf of the other party.

Dispute Resolution

Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement or any breach, termination, or validity thereof (a “Dispute”) shall be solely and exclusively resolved by arbitration. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim, or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for commercial arbitration, including provisions for the resolution of consumer disputes, if applicable (the “Arbitration Rules”). The arbitration shall be conducted in Washington County, Arkansas before a single neutral arbitrator appointed in accordance with the Arbitration Rules. Either party may bring a Dispute in small claims court in Washington County, Arkansas to the extent permitted by the Arbitration Rules. If the amount in controversy is less than $10,000, the parties agree that the Dispute will be decided on the basis of written submissions without a hearing. The decision of the arbitrator will be final without an option to appeal. To the fullest extent permitted by law, the arbitrator shall not have the power to award punitive, special, consequential, or indirect damages against any party. Arbitration costs and fees shall be divided in accordance with the Arbitration Rules. Each party shall be responsible for paying its own attorneys’ fees, costs, and expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. No disputes may be arbitrated on a class or representative basis, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THIS AGREEMENT AND USING THE SERVICES, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION, OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW OR BEFORE A JURY. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.

Governing Law

This Agreement is governed according to the laws of the State of Arkansas, without regard to its conflicts of law principles. Subject to the dispute resolution process described above, all claims, disputes, and suits must be brought exclusively in the state or federal courts located in Washington County, Arkansas, and the parties agree to the jurisdiction thereof.

Export Laws and International Privacy

Subscriber agrees to fully comply with all U.S. and other applicable export laws and regulations. Subscriber is not permitted to use the Services in connection with the processing of personal data of an EU, EEA, UK, or Swiss data subject or of any person located outside the United States of America.

Severability and Survivability

If a court of competent jurisdiction holds any provision of this Agreement to be contrary to law or public policy or otherwise unenforceable, the remaining provisions shall remain in full force and effect; and the invalid provision shall remain in force as reformed by the court. Portions of this Agreement which by their nature would survive termination thereof (e.g., disclaimer of warranties, limitation of liability, indemnification) shall be deemed to survive.

Waiver

No term or provision of this Agreement shall be deemed waived, and no breach consented to or excused unless such waiver, consent, or excuse is in writing and signed by the party claiming to have waived, consented, or excused. Should either party consent, waive, or excuse a breach by the other party, such shall not constitute a consent to, waiver of, or excuse of any other different or subsequent breach whether or not of the same kind as the original breach.

Miscellaneous

Each party represents and warrants to the other party that such party has the legal power to enter into this Agreement, that the signatory hereto has the authority to bind the applicable party, and this Agreement will constitute a legal, valid, and binding obligation of each party in accordance with its terms. Except for the payment of fees by Subscriber, if either party is rendered unable, wholly or in part, to carry out its obligations hereunder due to a force majeure event (i.e., act of God, strike, industrial disturbance, fire, storm, flood, epidemic/pandemic, utility failure, governmental restraint, war, or another similar event), such party’s obligations under this Agreement will be suspended during the force majeure event. Subscriber agrees that ambiguities in this Agreement will not be construed against Thynk Forward by attribution of drafting. Thynk Forward may assign any of its rights or obligations to others at any time without notice to Subscriber. Subscriber may not assign any of its rights or obligations to others without Thynk Forward’s prior written consent.