Terms and Conditions

Last updated: February 01, 2026

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Country refers to: Massachusetts, United States

• Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms and Conditions) refers to Thinking of Who.

• Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

• Service refers to the Website.

• Terms and Conditions (also referred to as "Terms") means these Terms and Conditions, including any documents expressly incorporated by reference, which govern Your access to and use of the Service and form the entire agreement between You and the Company regarding the Service. These Terms and Conditions have been created with the help of the Terms and Conditions Generator.

• Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third party that is displayed, included, made available, or linked to through the Service.

• Website refers to Thinking of Who, accessible from http://www.thinkingofwho.com

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Links from a Third-Party Social Media Service

The Service may display, include, make available, or link to content or services provided by a Third-Party Social Media Service. A Third-Party Social Media Service is not owned or controlled by the Company, and the Company does not endorse or assume responsibility for any Third-Party Social Media Service.

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your access to or use of any Third-Party Social Media Service, including any content, goods, or services made available through them. Your use of any Third-Party Social Media Service is governed by that Third-Party Social Media Service's terms and privacy policies.

User Content

User-Generated Content

The Service may allow You to create, upload, submit, store, share, or otherwise make available content, including but not limited to images, text, graphics, or other materials ("User Content").

You are solely responsible for Your User Content and for any activity that occurs under Your account. By uploading or submitting User Content, You represent and warrant that:

• You own the User Content or have all necessary rights, licenses, permissions, and consents to submit and use the User Content on the Service;
• The User Content does not infringe, misappropriate, or violate any intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party;
• The User Content does not violate any applicable law, regulation, or these Terms.

License Grant

By submitting User Content to the Service, You grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, display, distribute, and otherwise make available such User Content solely for the purposes of operating, maintaining, improving, and providing the Service.

You retain all ownership rights in Your User Content, subject to the license granted above.

Prohibited Content

You agree not to upload, submit, or make available any User Content that:

• Is unlawful, harmful, defamatory, obscene, or otherwise objectionable;
• Violates the rights of any third party, including copyright or trademark rights;
• Contains viruses, malware, or other harmful code;
• Impersonates any person or entity or misrepresents Your affiliation with a person or entity.

Content Monitoring and Removal

The Company does not actively monitor User Content but reserves the right, at its sole discretion, to review, remove, disable access to, or take any action with respect to User Content that violates these Terms or is otherwise objectionable, without prior notice or liability.

The Company is not responsible or liable for any User Content posted by You or any other user of the Service.

DMCA Copyright Policy

Copyright Infringement Notification

The Company respects the intellectual property rights of others and expects users of the Service to do the same. It is the Company's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").

If You believe that content available on or through the Service infringes a copyright You own or control, You may submit a written notification ("DMCA Notice") to the Company's designated copyright agent containing the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that You claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• A description of the material that is claimed to be infringing and information reasonably sufficient to permit the Company to locate the material (such as a URL);
• Your contact information, including address, telephone number, and email address;
• A statement that You have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement, made under penalty of perjury, that the information in the notification is accurate and that You are the copyright owner or authorized to act on behalf of the copyright owner.

Designated Copyright Agent

DMCA Notices should be sent to the Company's designated copyright agent at:

Email: [email protected]

Counter-Notification

If You believe that material You uploaded or submitted to the Service was removed or disabled as a result of mistake or misidentification, You may submit a counter-notification in writing to the Company containing the following information:

• Your physical or electronic signature;
• Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
• A statement, made under penalty of perjury, that You have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification;
• Your name, address, telephone number, and email address; and
• A statement that You consent to the jurisdiction of the federal court located within the United States and that You will accept service of process from the person who provided the original DMCA Notice or an agent of such person.

Upon receipt of a valid counter-notification, the Company may restore the removed content unless the copyright owner files a court action against You within the time period required by applicable law.

Repeat Infringers

The Company reserves the right to terminate, in appropriate circumstances and at its sole discretion, the accounts of users who are deemed to be repeat infringers of copyright.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

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. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: [email protected]