Terms of Use

Last updated: June 2026

Important notice about arbitration and class waiver

This agreement contains a binding individual arbitration agreement and class action waiver in Section 12. This affects your rights with respect to any "Dispute" between you and thinking oracle inc and may require you to resolve disputes in binding, individual arbitration, and not in court. Please read this entire agreement, including that provision, carefully.

By accessing or using our Services, which include our various websites, you agree to these Terms.

1. Who we are

Welcome to thinking oracle. "thinking oracle," "we," "us," and "our" mean thinking oracle inc. We run the websites, apps, and related services that link to these Terms (the "Services").

By using the Services, you agree to these Terms. If you do not agree, please do not use the Services.

2. What you can do (and can't)

We give you a personal, limited right to use the Services for your own use or your organization's internal use.

Please don't:

• Break the law or help someone else do it.
• Try to hack, overload, or interfere with our systems.
• Try to reverse engineer or copy our code except where the law says you can.
• Use the Services in a way that harms other people.

If you do, we may suspend or close your account.

3. Your account

Some features need an account. When you create one, you must:

• Give accurate, up-to-date information.
• Keep your password secret.
• Tell us quickly if you notice any unauthorized use.

You are responsible for what happens under your account.

4. Your content

You might share content with us (for example, forms, applications, messages, feedback) ("User Content").

• You keep ownership of your User Content.
• You give us permission to use it as needed to run, improve, and protect the Services, consistent with our Privacy Policy.

Please only upload content you have the right to share and that follows the law.

5. Our content

The Services (including software, designs, logos, and text) belong to us or our licensors. You can use them only as allowed in these Terms. You may not reuse our brand or code without written permission.

6. Third-party services

We sometimes link to or integrate with other services (for example, login providers, analytics, or payment processors).

Those services have their own terms and privacy rules. We are not responsible for them.

7. No guarantees

We work hard to keep the Services reliable, but:

• The Services are provided "as is" and "as available."
• We do not promise they will always be fast, secure, or error-free.
• We do not provide legal, medical, or financial advice through the Services unless we clearly say so.

Use the Services at your own risk.

8. Limitation of liability

To the extent the law allows:

• We are not liable for indirect, special, or consequential damages or lost profits, revenues, or data.
• Our total liability for any claim related to the Services is capped at what you paid us in the last 12 months, or USD $100 if you have not paid.

Some places do not allow these limits, so parts of this section may not apply to you.

9. Your responsibility to us

If someone brings a claim against us because of your use of the Services or your breach of these Terms, you agree to help defend and indemnify us, within reason, from resulting losses and costs (including reasonable legal fees).

10. Privacy and data protection

Your use of the Services is also governed by our Privacy Policy and Cookie Policy, which explain what data we collect and how we use it.

If we process personal data on your behalf as a "processor," a separate Data Processing Agreement (DPA) will apply and will control if there is any conflict with these Terms.

11. Changing or ending the Services

We can update the Services and these Terms from time to time.

• If we make major changes, we will post an update or send you a notice.
• If you keep using the Services after the changes, you accept the new Terms.

We may suspend or end your access if you seriously or repeatedly break these Terms or if we decide to stop offering the Services.

12. Resolving disputes (Arbitration and class waiver)

Most disputes with us are decided by binding arbitration, not in court.

12.1 Agreement to arbitrate

You and thinking oracle inc agree to resolve any "Disputes" (defined below) through final and binding arbitration on an individual basis. This includes any Dispute you assert against us, our affiliates, employees, agents, or licensors.

"Dispute" means any dispute, claim, or controversy arising out of or relating to the Services, these Terms, our Privacy Policy, or Cookie Policy, including their formation, applicability, breach, enforcement, or validity, whether based in contract, tort, statute, regulation, ordinance, or any other legal or equitable theory.

This arbitration agreement applies to claims even if they arose before you accepted these Terms.

12.2 No class actions or joinder

You and thinking oracle inc agree that any arbitration will be conducted only on an individual basis and not in a class, consolidated, representative, or private attorney general action.

• Neither you nor we may be a representative or member of any class, consolidated, or representative action.
• The arbitrator may not consolidate more than one person's claims or award classwide relief.
• If for any reason a claim proceeds in court rather than arbitration, you and thinking oracle inc each waive any right to a jury trial.

12.3 Arbitration rules and process

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Arbitration Rules if you are a business).

• The arbitration will take place in Wilmington, Delaware (or your nearest AAA location if you cannot travel).
• One arbitrator will decide the Dispute.
• The arbitrator's award is final and binding, except for a limited right of appeal under the Federal Arbitration Act. Judgment on the award may be entered in any court with jurisdiction.

Fees: We will pay all necessary filing, administration, and arbitrator fees regardless of who initiates the arbitration, except that if you are not an individual consumer, you will pay your reasonable share as required by AAA rules. If the arbitrator finds your claim frivolous or brought for improper purposes, the arbitrator may award costs to us.

12.4 Small claims exception

You may bring individual claims in small claims court in your county of residence (or Delaware if you are a business), if the claim falls within the court's limits and procedures.

12.5 Governing law

Delaware law applies to the interpretation and enforcement of these Terms and any Dispute, except that the Federal Arbitration Act governs the arbitration agreement.

13. Other important details

• If a part of these Terms turns out to be invalid or unenforceable, the rest still applies.

• If we don't enforce a term right away, it does not mean we have waived it.

• You cannot transfer these Terms to someone else without our consent; we can transfer them as part of a merger, acquisition, or similar event.

• These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and thinking oracle inc regarding the Services.

14. Contact

Questions about these Terms?

• Email: legal@thinkingoracle.com