Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Think Neverland, LLC ("Company," "we," "us," or "our") concerning your access to and use of Tinker Tone, including our website, web application, Microsoft Outlook add-in, Microsoft Teams extension, and Microsoft Word, Excel, PowerPoint, and OneNote add-ins, and any related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Eligibility

To use Tinker Tone, you must:

• Be at least 16 years of age
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information
• Maintain the security of your account credentials

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Account Registration and Security

When you create an account:

• You must provide accurate, current, and complete information
• You are responsible for maintaining the confidentiality of your password
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access or security breach
• We reserve the right to suspend or terminate accounts that violate these Terms

Subscription and Payment

Free Trial

We may offer a free trial period. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel before the trial ends. No credit card is required for the trial period.

Paid Subscriptions

• Subscriptions are billed in advance on a monthly or annual basis
• Payment is due at the start of each billing period
• We use third-party payment processors (Stripe) to handle payments
• You authorize us to charge your payment method for all fees
• All fees are non-refundable except as required by law or stated in these Terms

Price Changes

We may change our pricing at any time. For existing subscribers, price changes will take effect at the start of your next billing period. We will provide at least 30 days' notice of any price increases.

Refunds

All sales are final. No refunds will be issued unless legally required. Please review our Refund Policy for complete details.

Cancellation and Termination

Your Right to Cancel

You may cancel your subscription at any time through your account settings. Upon cancellation:

• You will retain access until the end of your current billing period
• No refund will be provided for the remaining period
• Your data will be retained for 30 days, then permanently deleted
• You may reactivate your account within 30 days to restore your data

Our Right to Terminate

We may suspend or terminate your access to the Service:

• If you violate these Terms
• If your payment fails and you do not update your payment method
• If we suspect fraudulent, abusive, or illegal activity
• If required by law or government request
• If we discontinue the Service (with 60 days' notice)

Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Transmit harmful, offensive, or inappropriate content
• Harass, abuse, or harm others
• Distribute spam, malware, or viruses
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Use the Service for competitive analysis or to build a competing product
• Resell or redistribute the Service without authorization
• Use automated systems to access the Service (except our official API)

Intellectual Property

Our Rights

The Service, including all content, features, and functionality, is owned by Think Neverland and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

Your Content

You retain ownership of any content you submit to the Service. By using the Service, you grant us:

• A license to process your content to provide the Service
• If you opt-in, permission to use anonymized, aggregated data to improve our AI models
• The right to display your content within the Service interface

You represent that you have the right to submit all content and that it does not violate any third-party rights or applicable laws.

AI-Generated Content

Tinker Tone uses artificial intelligence to rewrite and improve your content:

• AI-generated content is provided "as is" without warranties
• You are responsible for reviewing and editing all AI-generated content
• We are not liable for the accuracy, appropriateness, or consequences of AI-generated content
• You should not rely solely on AI-generated content for critical communications
• AI models may occasionally produce unexpected or inappropriate results

Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.

Third-Party Services

Tinker Tone integrates with third-party services such as Microsoft Outlook, Teams, Word, Excel, PowerPoint, and OneNote. Your use of these integrations is subject to the terms and policies of those third parties. We are not responsible for the practices or content of third-party services.

Disclaimers and Limitations of Liability

Service Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. We do not guarantee that the Service will be uninterrupted, error-free, or secure. We may modify, suspend, or discontinue any part of the Service at any time.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THINK NEVERLAND, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Indemnification

You agree to indemnify and hold harmless Think Neverland, LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of another party.

Dispute Resolution

Informal Resolution

Before filing a claim, you agree to contact us at hello@thinkneverland.com to attempt to resolve the dispute informally.

Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration will take place in the United States. You waive your right to a jury trial and to participate in class actions.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles.

Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Think Neverland, LLC regarding the Service
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect
• Waiver: Our failure to enforce any right or provision does not constitute a waiver
• Assignment: You may not assign these Terms without our consent. We may assign these Terms without restriction
• Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control

Contact Information

If you have questions about these Terms, please contact us: