THINKLE TERMS & CONDITIONS

Last updated: [16th January, 2025]

Welcome to Thinkle, a mobile application and website owned and operated by M/s. Thinkle Technologies Private Limited and its affiliates (collectively referred to as “Thinkle,” “us,” “we,” or “our”). These Terms & Conditions (“Terms”), together with our Privacy Policy, User Code of Conduct, and AI Terms of Use, govern your access to and use of our website, mobile application, and related services, events, or platforms (collectively, the “Services”).

By accessing, using, or registering on Thinkle, you agree to abide by these Terms. If you do not agree to any portion of these Terms, you should discontinue using the Services immediately.

1. Acceptance of Terms

1.1 Legal Agreement: These Terms constitute a legally binding agreement between you and Thinkle. Please read them carefully. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, User Code of Conduct, and AI Terms of Use. If you do not agree, discontinue use immediately.

1.2 Changes to Terms: We may update these Terms periodically to reflect changes in our Services, legal requirements, or best practices. Significant updates will be communicated via email, in-app notifications, or a prominent notice on our website. Continued use of the Services after updates constitutes acceptance of the revised Terms.

2. Scope and Eligibility

2.1 Scope of Services: Thinkle is a career discovery platform providing features such as AI-driven career recommendations, psychometric assessments, content library, journaling, and 1:1 career coaching services. Detailed descriptions of our Services can be found in our Privacy Policy.

2.2 Age Restrictions: Thinkle is intended for users aged 18 and above. Users aged 13-17 may use the Services only with parental or legal guardian consent. We do not knowingly collect personal information from children under 13. Refer to our Privacy Policy for more information.

2.3 Regional Access: Thinkle’s Services are currently available only in India. Users must comply with all applicable Indian laws and regulations when accessing and using the Services.

2.4 Data Protection Compliance: Thinkle complies with applicable Indian data protection regulations, including the Information Technology Act, 2000. Users’ personal data is collected, stored, and processed in accordance with our Privacy Policy.

3. Account Registration and Security

3.1 Account Creation: Users must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for any activities conducted under your account.

3.2 Unauthorized Access: If you suspect unauthorized use of your account, contact support@thinkle.xyz immediately. Thinkle is not liable for any loss resulting from your failure to safeguard account credentials.

3.3 Single Account Rule: Creating multiple accounts without prior written permission is prohibited. Duplicate or fraudulent accounts may be suspended or terminated.

4. Services and User Obligations

4.1 Proper Use of Services: By using Thinkle, you agree not to:

  • Engage in unlawful, harassing, or harmful conduct.
  • Infringe the intellectual property or privacy rights of others.
  • Post false, defamatory, or otherwise objectionable content.
  • Reverse engineer or disrupt the functionality of the Services.

4.2 Community Guidelines: Engagement in community features such as forums or polls must be respectful. Content violating these Terms may be removed, and offending accounts may be suspended or terminated.

4.3 AI Recommendations: AI-generated career insights and psychometric assessments are informational and not substitutes for professional advice. Users are solely responsible for decisions made based on these insights. For more details, refer to our AI Terms of Use.

4.4 Coach-Client Interactions: Thinkle facilitates connections between users and independent coaches. Coaches are not employees or agents of Thinkle. Users must exercise discretion and judgment when engaging with coaches.

4.5 Indemnity: You agree to indemnify, defend, and hold harmless Thinkle, its affiliates, and their respective officers, employees, and agents from and against any claims, damages, losses, or expenses (including legal fees) arising out of or related to your use of the Services, violation of these Terms, or infringement of third-party rights.

5. Payments & Subscriptions

By purchasing a subscription, service, or wallet top-up on Thinkle, you agree to these payment terms.

5.1 Subscription & Payments:

  • By purchasing a subscription or using any paid services on Thinkle, you agree to our Payment Processing & Refund Policy, as outlined in our Privacy Policy.
  • All payments are processed securely through Apple Pay, Google Pay, or Razorpay. Thinkle does not store or process full payment details.

5.2 Auto-Renewal Terms

  • Subscriptions automatically renew unless canceled at least 24 hours before the renewal date.
  • Billing and renewals are handled by Apple or Google Play, depending on your platform.
  • Thinkle does not process subscription cancellations or refunds for Apple or Google Play purchases.
  • To cancel your subscription or request a refund:
    • Apple users: https://support.apple.com/billing
    • Google Play users: https://support.google.com/googleplay/

5.3 Thinkle Wallet & Non-Refundable Policy

  • Wallet top-ups via Razorpay (UPI, Credit/Debit Cards, Net Banking) are final and non-refundable.
  • Wallet balances cannot be withdrawn, transferred, or converted into real currency.
  • If a service booked using wallet credits is canceled, any refund (if applicable) will be credited back into the wallet.
  • If a user deletes their Thinkle account, the remaining wallet balance will be forfeited.

5.4 Fraud Prevention & Account Suspension

  • Thinkle reserves the right to suspend or terminate accounts engaged in fraudulent payment activities.
  • Any suspected fraudulent transactions may be investigated, and accounts may be restricted.

5.5 Full Payment Terms

By using Thinkle`s paid services, you acknowledge that you have read and understood our Payment Processing Policy, available in our Privacy Policy at: https://thinkle.xyz/privacy-policy

5.6 Refund Policy

5.6.1 Subscription Refunds (Apple & Google Play)

  • All subscriptions are auto-renewable and must be canceled at least 24 hours before renewal to avoid future charges.
  • Thinkle does not process refunds for App Store or Google Play purchases.
  • To request a refund:
    • Apple users: https://support.apple.com/billing
    • Google Play users: https://support.google.com/googleplay/

5.6.2 1:1 Coaching Services (Non-Refundable)

  • Once booked, 1:1 coaching sessions are non-refundable and cannot be canceled.
  • Refunds or rescheduling will only be considered in the following cases:
    • Service delivery failure attributable to Thinkle.
    • Failure on the Coach`&apos`s side to join the scheduled session.
    • Exceptional circumstances at Thinkle`&apos`s discretion.
  • If Thinkle determines a refund is warranted, it will only be credited back to the Thinkle Wallet and cannot be withdrawn as cash.

5.6.3 Thinkle Wallet & Refund Policy

  • Wallet top-ups via Razorpay (UPI, Credit/Debit Cards, Net Banking) are final and non-refundable.
  • If a service booked using wallet credits is canceled, any refund (if applicable) will be credited back into the wallet.
  • If a user deletes their Thinkle account, any remaining wallet balance will be forfeited.

5.6.4 Direct Purchases from Thinkle (Outside Apple/Google Play)

For non-App Store and non-Google Play purchases, users may request a refund within 7 calendar days of purchase, under the following conditions:

  • Service delivery failure attributable to Thinkle.
  • Billing or payment processing errors.
  • Exceptional circumstances at Thinkle`&apos`s discretion.

Refunds are not granted in the following cases:

  • Change of mind or dissatisfaction with a service after usage.
  • Failure to cancel a subscription before renewal.
  • Unused wallet balance at the time of account deletion.

To request a refund for a direct Thinkle purchase, contact:
📩 Email: support@thinkle.xyz

6. Intellectual Property

6.1 Ownership: All intellectual property rights, including but not limited to software, content, and trademarks, are owned by Thinkle or its licensors.

6.2 Restrictions: Users may not copy, modify, distribute, or exploit Thinkle’s intellectual property without prior written consent.

7. Arbitration and Dispute Resolution

7.1 Arbitration Clause: All disputes arising from these Terms shall be resolved through binding arbitration under the Arbitration and Conciliation Act, 1996. The arbitration proceedings will take place in Delhi, India, and be conducted in English.

7.2 Jurisdiction: For disputes not subject to arbitration, the courts of Delhi, India, will have exclusive jurisdiction.

8. Limitation of Liability

8.1 Thinkle is not liable for:

  • Indirect, incidental, or consequential, or punitive damages arising out of or relating to the use of any services or information provided on its platform.
  • Losses resulting from reliance on Services or technical failures.

8.2 Users acknowledge that the recommendations are generated using probabilistic models and should not be solely relied upon for critical career decisions.

8.3 The users are encouraged to seek professional guidance and verify any insights before making decisions based on the outputs.

8.4 The total liability of Thinkle is limited to the amount paid by the user for the specific service in question.

9. Termination of Services

9.1 Thinkle reserves the right to suspend or terminate accounts for:

  • Violations of these Terms.
  • Fraudulent activities or misuse of Services.

9.2 Upon termination, user access ceases, but certain data may be retained as required by law.

10. Force Majeure

Thinkle shall not be held liable for any failure or delay in the performance of its obligations under these Terms & Conditions due to events beyond its reasonable control. These events include, but are not limited to, natural disasters, acts of government, cyber-attacks, technical failures, server outages, strikes, or any other unforeseen circumstances that prevent the delivery of services. In such cases, Thinkle will make reasonable efforts to resume services as soon as possible.

11. Termination Clause

Thinkle reserves the right to terminate user accounts or services at its sole discretion for violations of its Terms & Conditions, Privacy Policy, or User Code of Conduct. Termination may also occur in cases of misuse, illegal activities, or any action deemed harmful to Thinkle or its users. Upon termination:

  • Users will lose access to all Thinkle services.
  • Any outstanding obligations, including fees owed, will remain enforceable.
  • Users will be notified of the termination via their registered email address, with an option to appeal or seek clarification through Thinkle’s grievance redressal mechanism.

12. Non-Solicitation

Users are prohibited from using Thinkle’s Services to solicit, advertise for, or contact other users, including coaches, for purposes not related to the Services provided by Thinkle. Collecting user data (e.g., email addresses) without Thinkle’s explicit consent is strictly prohibited.

13. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The affected provision shall be replaced with an enforceable provision that approximates the original intent and economic effect to the greatest extent possible.

14. Amendments

Thinkle reserves the right to modify these Terms at any time. Users will be notified of significant changes in advance. Continued use constitutes acceptance of the updated Terms.

15. Third Party Integrations

Thinkle integrates with third-party services (e.g., payment processors, AI tools) to enhance functionality. Thinkle is not responsible for the actions or omissions of these third parties. Users must review and agree to the terms of these third parties independently.

16. Contact Information

If you have any questions, concerns, or complaints about this Terms of Use or our data practices, or if you wish to exercise your rights, please contact us at support@thinkle.xyz.

Appendix A: Licensed Application End User License Agreement (EULA)