Thoughtful Systems Terms of Service
THANK YOU FOR SELECTING THE SERVICES OFFERED BY THOUGHTFUL SYSTEMS INC. THIS SERVICE AGREEMENT IS A LEGAL AGREEMENT BETWEEN THOUGHTFUL SYSTEMS INC (REFERRED TO AS “THOUGHTFUL SYSTEMS”) AND THE INDIVIDUAL OR LEGAL ENTITY (REFERRED TO AS “USER”, “YOU”) USING OR ACCESSING THE THOUGHTFUL SYSTEMS SERVICE OR SOFTWARE. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU MAY NOT USE THE SERVICES OR THE SOFTWARE.
Acceptance of Terms
a. Thoughtful Systems Inc. (referred to here as “Thoughtful Systems”) provides its Service or Services (as defined below) to You (“The User” or “You”) through its web site located at www.ThoughtfulSystems.com (the “Web Site”), and/or via installed software (“The software”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Software, the Service or the Site, You acknowledge that You have read, understood, and agree to be bound by this TOS. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to this TOS, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority or if You do not agree with this TOS, You may not use the Service or the Software.
b. Thoughtful Systems may change this TOS from time to time without prior notice. You can review the most current version of this TOS at any time at https://www.thoughtfulsystems.com/terms-of-service/. The revised terms and conditions will become effective upon posting and if You use the Service or services or the Software after that date, we will treat Your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to You, Your only remedy is to stop accessing and using the Service or the Software.
Description of Service
The “Service” includes access to (a) the Site, (b) the on-demand Thoughtful Systems business productivity system, tools and services provided through the Site, (c) configuration, setup and training services, if You purchase such services; and (d) all software, data, text, images, sounds, video, and content made available through the Site (collectively referred to as the “Content”). Any new features added to or augmenting the Service or the Software are also subject to this TOS.
“THOUGHTFUL SYSTEMS” and Thoughtful Systems’ various logos used or displayed on the Service or the Software are trademarks of Thoughtful Systems and You may only use these trademarks or logos for promotional purposes to identify Yourself as a customer or user of the Thoughtful Systems products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.
Payment and Refunds
a. The Service and the Software is made available on a pay-as-You-go basis, a one-time payment basis, or a combination of both. A trial version may be provided for free. Support services may be billed annually for The Software Thoughtful Systems charges for services and The Software based on a variety of criteria, including the features provides, and the number of users or “seats” made available to User or users. We also provide rental plans for Services or Software. If You are subject to any kind of ongoing payment plan (rental or subscription), then You may cancel at any time by following the rules set forth hereunder for cancellation. Notwithstanding any agreement to the contrary, You may cancel at any time and then You will not be billed for the following payment period (generally a month). Downgrading Your account may cause the loss of features, or capacity of Your account. Thoughtful Systems does not accept any liability for such loss. Prices of the Service, including but not limited to monthly fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time. In addition, special pricing may apply for customers with an exceptionally high volume of transactions. Thoughtful Systems does not provide refunds or credits for Services rendered, except where otherwise explicitly stated in writing — for example, we generally provide a 30-day money-back guarantee to new users of the installed Software (The Scheduling Manager): if You are not satisfied with the software within 30 days of order, You may return it to use for a full refund, less restocking fee and shipping charges. Details of this guarantee are provided on the order form.
b. You may elect to change the credit card on file with Thoughtful Systems from time to time. Thoughtful Systems uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for Thoughtful Systems. Please visit https://www.thoughtfulsystems.com/privacy-policy/ to understand how Thoughtful Systems collects and uses personal information.
Cancellation and Termination
a. You are free to stop using our Services and the Software at any time. You are solely responsible for properly cancelling Your account. You can cancel Your account by clicking on the Settings link after logging in, then clicking the Account link. There are no other means of cancelling Your account. A request to cancel Your account via email or phone is not considered cancellation of Your account. All of Your Content will be deleted from the Service or the Software within 24 hours upon proper cancellation. This Content cannot be recovered once Your account is cancelled. If You are subscribed on the pay-as-you-go basis and You cancel the Service or the Software, Your cancellation will become effective immediately and You will not be charged again.
b. Thoughtful Systems, in its sole discretion, reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Service or the Software (or any part thereof), or use of the Service or the Software and remove and discard any of Your content in the Service, for any reason at any time and without notice. Thoughtful Systems has the right to refuse any and all current and future use of the Service or the Software to anyone for any reason at any time, including, if Thoughtful Systems believes that You have violated this TOS. Thoughtful Systems will use all reasonable efforts to publish on the Site or notify You directly via email about any planned downtime of the Service, and will use diligent efforts to contact You to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. Thoughtful Systems shall not be liable to You or to any third party for any modification, price change, suspension or discontinuation of the Service or the Software.
Disclaimer of Warranties
THE SERVICE AND THE SOFTWARE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND THOUGHTFUL SYSTEMS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THOUGHTFUL SYSTEMS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM THOUGHTFUL SYSTEMS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
You will indemnify and hold harmless Thoughtful Systems and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) Your access to or use of the Service or the Software or Content and (ii) Your violation of this TOS.
Limitations of Liability
a. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL THOUGHTFUL SYSTEMS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, THOUGHTFUL SYSTEMS SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
b. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE STATES, THOUGHTFUL SYSTEMS’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Thoughtful Systems may assign or transfer this TOS, in whole or in part, without restriction.
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or the Software or any of its components.
This TOS shall be governed by the laws of the State of New York without regard to the principles of conflict of laws. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of New York for the purpose of resolving any dispute relating to Your access to or use of the Service, unless otherwise expressly agreed to, in writing.
If You have any questions about this TOS or the Service, please contact Thoughtful Systems at sales@ThoughtfulSystems.com
Thoughtful Systems, Inc.
P.O. Box 150136
Brooklyn, NY 11215
Phone: 718-369-0608 or 1-800-759-2532