ThinkCrest AI Terms of Service Agreement
Effective Date: July 10, 2025
Welcome to ThinkCrest AI ("we," "us," or "our"), an AI automation agency located at 1010 W University Ave, Urbana, IL 61801, United States. These Terms of Service ("Terms") govern your access to and use of our artificial intelligence software, services, websites, applications, and related offerings (collectively, the "Services"). By engaging with our Services, you ("you," "User," or "Customer") agree to be bound by these Terms, which form a legally binding agreement between you and ThinkCrest AI. If you do not agree to these Terms, you must not use our Services.
1. Acceptance of Terms
By booking an appointment, agreeing to a scope of work ("SOW"), or using our Services, you confirm that:
You are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms.
If you are using the Services on behalf of an organization, you have the authority to bind that organization to these Terms.
You have read, understood, and agree to be bound by these Terms and any applicable SOW.
Note: There is no user account creation system for our Services. Engagement is initiated through direct communication and agreement on a scope of work.
2. Description of Services
ThinkCrest AI provides AI-driven solutions, including but not limited to machine learning tools, data analytics, generative AI, custom AI integrations, and appointment-based automation services. Services may be delivered via web-based platforms, mobile applications, on-premise installations, or scheduled appointments, as defined in your SOW or service agreement.
3. Fees and Payment Structure
You will engage in one of two available payment structures depending on the number of leads and project scope, which will be determined during your initial consultation call and confirmed in your SOW:
a. Option 1: Installation + Monthly Upkeep
A one-time, non-refundable installation fee is required for setup and configuration.
A monthly upkeep fee is charged on the anniversary date of installation to maintain access to the Services.
Fee amounts will be outlined in your SOW.
b. Option 2: Pay-by-Appointment
For appointment-based engagements, you will pay an agreed-upon fee per appointment booked per week.
Appointment fees are invoiced weekly on Fridays for appointments booked during that week (Monday through Sunday).
All fees and expectations will be specified in your SOW.
Important: You may only operate under one payment model at a time—either Installation + Monthly Upkeep or Pay-by-Appointment, as determined by the number of leads you provide. The model used will depend on the scope and scale of your project as discussed during your consultation call.
c. Payment Terms
All fees are non-refundable, except as required by law.
Payments must be made using the method specified during setup (e.g., credit card or ACH).
You authorize automatic charges unless notice of cancellation is provided under Section 4.
Failed payments may result in suspension or termination of Services.
We reserve the right to adjust fees with 30 days' written notice. Continued use after that constitutes acceptance.
d. Taxes
All fees exclude applicable taxes, which you are responsible for unless a valid exemption certificate is provided.
4. Cancellation and Termination
a. Cancellation by You
You may cancel by providing written notice to [email protected] at least 14 days prior to your next billing cycle (monthly or weekly).
Late cancellation takes effect the following cycle and is billed accordingly.
No refunds are issued for any fees paid unless required by law.
b. Termination by Us
We may suspend or terminate your access without notice if you:
Breach these Terms or your SOW.
Fail to make payments.
Misuse the Services or violate applicable laws.
Engage in conduct harmful to our reputation or clients.
c. Effect of Termination
You remain liable for outstanding fees incurred before termination.
Provisions regarding payments, intellectual property, and liabilities survive termination.
5. Installation Terms
a. Installation Process
Setup and configuration are conducted per your SOW.
You must provide system access and accurate information.
Timelines may vary based on project complexity.
b. Your Responsibilities
Ensure your systems meet technical requirements.
Promptly provide necessary credentials or data.
Delays due to your inaction may result in additional costs.
c. No Refunds
The installation fee is non-refundable, even if you cancel or terminate afterward, unless required by law.
6. Intellectual Property
a. Our IP
All intellectual property in the Services remains the exclusive property of ThinkCrest AI.
You are granted a limited license to use the Services for internal use only.
b. Your Content
You retain ownership of all data you provide ("User Content").
You grant us a license to process your data solely for providing the Services.
c. AI-Generated Outputs
Outputs are provided "as is" and must be independently verified.
You are licensed to use these outputs internally, unless otherwise stated.
d. Lead Sourcing
You are responsible for providing your own leads unless your SOW states otherwise.
You warrant that the leads comply with legal and third-party rights.
7. Acceptable Use
You may not:
Engage in illegal, harmful, or disruptive behavior.
Attempt to reverse-engineer or misuse the Services.
Use the Services to develop competing AI tools.
We may monitor usage and suspend accounts violating this policy.
8. No Refunds
All fees—installation, upkeep, and appointment-based—are non-refundable unless services are not working for an extended period of time (14+ days) with proof provided, except as required by law. Please contact [email protected] before purchasing to ensure our Services are right for you.
9. Disclaimers
As-Is Services: No express or implied warranties.
AI Limitations: Outputs may be inaccurate or biased.
No Guarantees: No promise of specific results.
Third-Party Tools: We are not responsible for external integrations.
10. Limitation of Liability
We are not liable for indirect or consequential damages.
Our total liability is capped at fees paid in the 12 months prior to the claim.
11. Indemnification
You agree to defend, indemnify, and hold us harmless from claims related to:
Your misuse of the Services.
Infringement from User Content or leads.
Negligence, fraud, or misconduct.
12. Confidentiality
We will treat your data as confidential and only use it per our Privacy Policy.
You agree to keep our non-public information confidential for three years post-termination.
13. Force Majeure
We are not responsible for delays caused by events outside our control (e.g., natural disasters, cyberattacks, third-party failures).
14. Governing Law and Dispute Resolution
a. Governing Law
Governed by the laws of the State of Illinois, USA.
b. Arbitration
Disputes will be resolved by binding arbitration in Urbana, Illinois.
No class actions permitted.
We may seek injunctive relief in court to protect our IP.
15. Modifications
We may modify or discontinue the Services with notice.
We may update these Terms with 30 days’ notice. Continued use constitutes acceptance.
16. Miscellaneous
These Terms and any SOW constitute the entire agreement.
If a provision is unenforceable, the rest remain in effect.
No waiver is implied by failure to enforce.
You may not assign these Terms without our written consent.
17. Contact Us
ThinkCrest AI
1010 W University Ave
Urbana, IL 61801, United States
Email: [email protected]
Phone: 217-286-2799
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.