Terms of service

Account Activation

General Conditions

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of Thinkific.

  1. You may not use the Thinkific service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Ontario.
  2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Thinkific.
  3. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Thinkific or Thinkific trademarks and/or variations and misspellings thereof
  4. Questions about the Terms of Service should be sent to [email protected].
  5. You understand that your Course Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  6. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Thinkific, is governed by its privacy policy at https://www.thinkific.com/resources/privacy-policy/

Thinkific Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Thinkific customer, Thinkific employee, member, or officer will result in immediate account termination.
  4. Thinkific does not pre-screen Course Content and it is in their sole discretion to refuse or remove any Course Content that is available via the Service.
  5. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
  6. Thinkific retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Thinkific reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

Limitation of Liability

  1. You expressly understand and agree that Thinkific shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  2. In no event shall Thinkific or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Thinkific partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  3. Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
  4. Thinkific does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. Thinkific does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. Thinkific does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
  7. In no event will Service Provider’s aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the Thinkific Service hereunder during the one (1) month period immediately preceding the date on which the cause of action arose.

Waiver and Complete Agreement

The failure of Thinkific to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Thinkific and govern your use of the Service, superseding any prior agreements between you and Thinkific (including, but not limited to, any prior versions of the Terms of Service).

Intellectual Property and Customer Content

  1. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

Cancellation and Termination

  1. You may cancel your account at anytime by emailing [email protected] and then following the specific instructions indicated to you in Thinkific’s response.
  2. Once cancellation is confirmed, all of your Course Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
  3. We reserve the right to modify or terminate the Thinkific service for any reason, without notice at any time.
  4. Fraud: Without limiting any other remedies, Thinkific may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Digital Millennium Copyright Act

12.1 General Policy
Thinkific has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). It is Thinkific’s policy to (a) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, content providers, or users; and (b) remove and discontinue service to repeat offenders.

12.2 Procedure for Reporting Copyright Infringement
If you believe that Content residing on or accessible through the Thinkific web site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Thinkific is capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
  5. A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

12.3 Once Proper Bona Fide Infringement Notification is Received by Thinkific’s Support Team. It is Thinkific’s policy to notify the Content provider or user that an infringement notification has been received and that the Content will be removed at the end of 24 hours unless a counter-notice is supplied to Thinkific. If no legitimate counter-notice is supplied, the infringing content will be removed from the system.

12.4 Procedure to Supply a Counter-Notice to Thinkific. If the Content provider, or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to Thinkific’s Support Team listed below:

  1. A physical or electronic signature of the Content provider or user;
  2. Identification of the Content that is claimed to be infringing
  3. A statement that the Content provider or user has a good faith belief that the infringement notification was received as a result of mistake or a misidentification of the Content; and
  4. Content provider’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s or user’s address is located, or if the Content provider’s or user’s address is located outside the United States, for any judicial district in which Thinkific is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
  5. If a counter-notice is received by Thinkific’s Support Team, Thinkific will restore access to the Content and notify the original complaining party. The Content will then remain published unless the copyright owner files an action seeking a court order against the Content provider or user.

12.5 Designated Agent to Receive Notification of Claimed Infringement
Please contact Thinkific’s Support Team to Receive Notification of Claimed Infringement at the following address:
Name – Thinkific.com, Attn: Copyright Infringement
Email – [email protected]
Address – 400-369 Terminal Avenue, Vancouver, BC V6A 4C4, Canada
Telephone – 1-888-832-2409