Terms of Service

Effective Date: August 16, 2025

These Terms of Service (“Terms”) govern your access to and use of the Thinkem mobile and web applications and marketing website (collectively, the “Services”), provided by Mission Equity Capital, LLC (“Thinkem,” “we,” “our,” or “us”). By accessing or using the Services, you agree to these Terms.

1. Eligibility

You must be (a) at least 13 years old in the United States; (b) at least 16 years old where local laws require a higher age of consent (e.g., EEA/UK); and (c) otherwise at or above the minimum age required by your jurisdiction. You may use the Services only if you can form a binding contract with us and are not barred under applicable law.

2. Accounts & Security

You are responsible for your account credentials and all activity under your account. Provide accurate information and keep it updated. Notify us immediately of any suspected unauthorized use. We may require multi‑factor authentication or other security controls.

3. Subscriptions, Billing & Refunds

3.1 Plans
Thinkem offers subscription plans (e.g., Starter, Standard, Pro, Elite) with monthly and annual options. Some plans may include a free trial.

3.2 In‑App Purchases (iOS/Android)
Purchases made in the Apple App Store or Google Play are billed by Apple or Google, respectively, and are governed by their terms, including refunds and cancellation. You manage and cancel in‑app subscriptions via your Apple or Google account settings. We do not control App Store or Play Store billing decisions.

3.3 Web Purchases
Purchases made on the web are billed and processed by Paddle and are subject to Paddle’s terms (including taxes, invoicing, and refunds). Web subscriptions renew automatically unless canceled within your account settings or by contacting Paddle.

3.4 Auto‑Renewal
Subscriptions generally renew automatically at the end of each billing period unless canceled before renewal. By subscribing, you authorize automatic charges until you cancel.

3.5 Price Changes
We may modify pricing, features, or plan structure prospectively. We will provide notice where required; continued use after changes constitutes acceptance.

3.6 Entitlements
We may use RevenueCat or similar providers to manage cross‑platform subscription entitlements and receipts.

3.7 Trial Offers & Promotions
Eligibility and duration are as stated at sign‑up. Unless you cancel before the trial ends, you will be charged at the then‑current rate for your selected plan.

3.8 Refund Policy

App Store and Google Play Purchases
If you purchased a subscription through the Apple App Store or Google Play, refunds are handled directly by those platforms under their respective refund policies. To request a refund, please contact Apple or Google support from within your purchase history. Thinkem cannot process refunds for transactions completed through Apple or Google.

Web Purchases via Paddle
For web purchases processed by Paddle, customers are entitled to request a full refund within 14 days of the original transaction date, for any reason, provided that the digital service has not been accessed or materially used during that period.

Refunds will be handled in accordance with Paddle’s Buyer Terms, and issued using the same payment method as the original purchase.

Trial Period
If you cancel before the end of your free trial, you will not be charged. Charges begin automatically at the end of the trial unless you cancel in advance.

No Pro-Rated Refunds
After the 14-day period expires or once the service has been materially accessed, we do not offer pro-rated or partial refunds for unused time or downgrades. You will retain access to your plan features until the end of your current billing cycle.

4. User Content & License

You retain ownership of the documents, files, notes, tags, and other content you submit (“User Content”). You grant Thinkem a limited, non‑exclusive, worldwide, royalty‑free license to host, process, index, and display User Content solely to provide and improve the Services (e.g., to store securely, generate embeddings, make content searchable, and show it to you across your devices). You represent and warrant you have the necessary rights to submit User Content and that it does not infringe or violate third‑party rights or laws.

5. Acceptable Use

You will not: (a) upload illegal, harmful, or infringing content; (b) attempt to disrupt or compromise the Services; (c) reverse engineer, decompile, or derive source code; (d) resell or sublicense the Services without permission; (e) use the Services to train models or build competing datasets.

6. Intellectual Property

The Services, including software, design, text, graphics, logos, and trademarks, are owned by Thinkem or its licensors and are protected by intellectual property laws. Except for rights expressly granted in these Terms, we reserve all rights.

7. Third‑Party Services

The Services may integrate with third‑party providers such as Apple, Google, Paddle, OpenAI, Vectara, RevenueCat, Mixpanel, and Google Cloud. Your use of third‑party services is subject to their terms. We are not responsible for third‑party services and do not control their decisions (e.g., App Store refunds).

8. Termination

You may stop using the Services at any time. We may suspend or terminate access if you violate these Terms, pose a risk, fail to pay fees when due, or where required by law. Upon termination, certain provisions survive, including ownership, indemnities, disclaimers, limitations of liability, and dispute resolution.

9. Disclaimers

The Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement. We do not guarantee that the Services will be uninterrupted, secure, or error‑free.

10. Limitation of Liability

To the maximum extent permitted by law, Thinkem and its affiliates, officers, employees, and agents are not liable for indirect, incidental, special, consequential, or exemplary damages, or loss of profits, data, or goodwill. Our aggregate liability arising out of or relating to the Services will not exceed the amounts you paid in the twelve (12) months preceding the claim.

11. Indemnity

You agree to indemnify and hold Thinkem harmless from claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Services, your User Content, or your violation of these Terms or applicable law.

12. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of California, U.S.A., without regard to conflict‑of‑law principles.

12.1 Informal Resolution
Before filing a claim, you agree to try to resolve the dispute informally by contacting info@missionequitycapital.com. If we cannot resolve it within 30 days, the parties may proceed as below.

12.2 Arbitration
Except where prohibited by law, disputes will be resolved by binding arbitration administered by a reputable arbitration provider, held in Sacramento County, California, on an individual basis. The arbitrator may award the same damages and relief as a court. You and Thinkem waive the right to a jury trial and to participate in class actions.

12.3 Small Claims & Injunctive Relief
Either party may bring an individual action in small claims court within Sacramento County, California or seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or prevent unauthorized use.

12.4 Opt‑Out
You may opt out of arbitration within 30 days of first accepting these Terms by emailing info@missionequitycapital.com with subject “Arbitration Opt‑Out.”

13. Changes

We may update these Terms. If changes are material, we will provide notice (e.g., in‑app, email, or website). Continued use after the effective date constitutes acceptance.

14. Contact

Mission Equity Capital, LLC
2108 N St, Suite N
Sacramento, CA 95816
Email: info(at)missionequitycapital(dot)com