ThinkEasy Terms and Conditions

Effective Date: December 15, 2024

Please read these Terms carefully.

BY: (1) CLICKING A BOX INDICATING ACCEPTANCE; (2) EXECUTING AN ORDER THAT REFERENCES THESE TERMS; OR (3) PROCEEDING TO USE THE PRODUCTS OR SERVICES, CUSTOMER AGREES TO THE TERMS AND CONDITIONS CONTAINED HEREIN. IF CUSTOMER DOES NOT AGREE TO BE BOUND BY THESE TERMS, CUSTOMER MUST NOT USE THE PRODUCTS OR SERVICES.

1. Introduction

Welcome to ThinkEasy, a service owned and operated by Zintro, Inc. (“ThinkEasy” "we", "us", "our", "Zintro"). By accessing or using the services provided by ThinkEasy ("Services", “Platform” “Test” “Website”), you ("Customer", "Researcher", “Client” or "User") agree to comply with these Terms and Conditions ("Agreement"). If you are accepting this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement.

These Terms are made and entered as of the Effective Date by and between ThinkEasy and Customer. These Terms, combined with all Orders and any other terms incorporated herein by reference, together comprise the entire understanding between the parties with respect to the Agreement. These Terms govern the provision by ThinkEasy of Products and Services to Customer. If Customer wishes to purchase Professional Services, these will be identified in the applicable Order and governed by a Statement of Work, in addition to these Terms.

2. Services Overview

ThinkEasy is a platform that connects researchers with participants for various research-related projects. Customers may use ThinkEasy to source individuals ("Participants") to apply to projects ("Projects"), such as interviews, surveys, or tests. We do not guarantee any specific outcomes for Projects and reserve the right to refuse or remove Projects if they violate these Terms.

2.1 Right to Use the Services

ThinkEasy grants you a limited, non-exclusive, non-transferable, and revocable right to access and use the Services, subject to the terms outlined in this Agreement. Your right to use the Services is conditioned on compliance with these Terms and applicable laws.

2.2 Changes to the Services

ThinkEasy reserves the right to modify or discontinue any part of the Services at any time, including adding or removing features, and changing free services to paid services, without notice or liability.

3. Proprietary Rights

3.1 Ownership

ThinkEasy retains all rights, title, and interest in and to the Services, including any modifications, enhancements, or updates. This includes, but is not limited to, any software, applications, inventions, or other technology used to provide the Services.

3.2 License Grant

Subject to these Terms, ThinkEasy grants you a limited, revocable, non-transferable, and non-sublicensable license to use the Services as provided. This license does not grant you any ownership rights in the Services or any related intellectual property.

4. Customer Responsibilities and Use Restrictions

4.1 Eligibility

To use ThinkEasy’s Services, you must be at least 18 years old. You are responsible for ensuring the accuracy and truthfulness of any information submitted to ThinkEasy.

4.2 User Obligations

By using the Services, you agree that:

All information provided by you, including personal and project-related information, is accurate, truthful, and up-to-date.
You will not use the Services in any unlawful or fraudulent manner or in violation of applicable laws.
You will maintain the confidentiality of sensitive data accessed through the platform.
You will not seek any confidential information or material non-public information (MNPI).
You will not harass, stalk, bother, or insult Participants

4.3 Usage Restrictions

You shall not:

Reverse-engineer, modify, or distribute any part of the Platform without permission.
Circumvent security measures, attempt unauthorized access, or introduce any malware.
Use the Services for purposes of reselling, sublicensing, or creating derivative works.

5. Confidentiality and Privacy

5.1 Confidential Information

Both parties agree to maintain the confidentiality of all non-public, proprietary information disclosed during the use of the Services ("Confidential Information"). You may not disclose Confidential Information without express permission from ThinkEasy.

5.2 Privacy Policy

ThinkEasy respects your privacy. Our Privacy Policy outlines how we collect, use, and disclose personal information you provide during your use of the Services.

5.3 Data Protection

We take reasonable measures to protect the security and confidentiality of your data. However, you are responsible for managing your login credentials and safeguarding your account against unauthorized access.

6. Intellectual Property

6.1 Customer Data

You retain all rights to the data, documents, and other materials uploaded by you ("Customer Data"). By using the Services, you grant ThinkEasy a non-exclusive, royalty-free license to access, process, and use this data to provide the Services.

6.2 Feedback

ThinkEasy welcomes your feedback. Any suggestions or improvements you provide ("Feedback") are non-confidential, and ThinkEasy may freely use, disclose, and incorporate such Feedback into its Services without obligation to you.

7. Payment and Fees

7.1 Payments to ThinkEasy

Prepay Account Balance

Customers may choose to prepay for an account balance at any time using one of the following methods: credit card, ACH, wire transfer, or check. Prepayment allows you to load funds into your ThinkEasy account in advance, and your available balance will be updated only once the funds have been received and confirmed by ThinkEasy. Prepaid account balances are non-refundable unless otherwise specified in this Agreement or required by law.

Balance Drawdown: Any usage of the tools and services provided by ThinkEasy will be drawn down from your prepaid balance. Once your balance is depleted, additional usage will not be possible until more funds are added to the account.
Account Access: You are responsible for ensuring that sufficient funds are available to cover any tool usage.

7.2 Credit Card Deposit

Alternatively, you may prepay with a credit card prior to launching any project. You will be charged the maximum possible spend of a project calculated by audience type, question types, geography, and other details in the Platform. Any funds not used when a Project concludes will be refunded to your credit card or you will be given the option to move the funds into your account balance. This potential spend is based on the types of questions and activities you create and engage with on the ThinkEasy platform and will be shown to you prior to your payment for confirmation.

Authorization and Charge: Upon entering a credit card, ThinkEasy will calculate the maximum spend potential for your session or Project and authorize the card for that amount. Your card will only be charged for the actual amount used, and any unused funds will be refunded to your card within a reasonable time after your Project concludes.
Option for Future Use: You also have the option to keep any unused funds in your ThinkEasy account for future use. These retained funds will be available for subsequent Projects, and you may choose this option during checkout or project completion.

7.3 Refunds

Unless otherwise specified, the only refunds available are when Customer pays a project deposit with a credit card and the project concludes without reaching the deposit value. For cases of Participant answer quality, ThinkEasy has full discretion to provide a refund or not.

7.4 Taxes

Customers are responsible for understanding and complying with tax obligations related to any incentives or payments received through ThinkEasy.

8. Disclaimers and Limitation of Liability

8.1 Warranty Disclaimer

The Services are provided "as is" and "as available" without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. ThinkEasy does not guarantee the accuracy or reliability of any information provided by Participants or Researchers.

8.2 Limitation of Liability

To the fullest extent permitted by law, ThinkEasy’s liability for any damages arising out of or related to your use of the Services will be limited to the greater of $100 or the total fees paid by you to ThinkEasy in the preceding six months. ThinkEasy is not liable for any indirect, incidental, or consequential damages.

9. Termination

9.1 Suspension and Termination

ThinkEasy reserves the right to suspend or terminate your access to the Services at any time for any reason, including violation of these Terms. Upon termination, all licenses granted to you will be immediately revoked, and you must cease all use of the Services.

9.2 Survival of Terms

Upon termination, any provisions of this Agreement that, by their nature, should survive termination will continue in effect, including but not limited to confidentiality obligations, proprietary rights, and limitations of liability.

10. Dispute Resolution

10.1 Arbitration

Any disputes arising under or related to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in Boston, Massachusetts, unless the parties agree to another location.

10.2 Class Action Waiver

You agree to resolve any dispute with ThinkEasy on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

11. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. The state and federal courts located in Boston, Massachusetts, shall have exclusive jurisdiction over any disputes related to this Agreement.

12. Miscellaneous

12.1 Amendments

ThinkEasy reserves the right to modify these Terms at any time. If we make material changes, we will notify you by email or updating the Terms here. Your continued use of the Services after such modifications will constitute your acceptance of the revised Terms.

12.2 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

12.3 Assignment

You may not assign your rights or obligations under this Agreement without ThinkEasy’s prior written consent. ThinkEasy may assign this Agreement without notice to you.

12.4 Publicity

Neither party will use the names, likeness, logos, trademarks or other identifying information of the other party without the prior written consent of the other, except that Customer agrees that ThinkEasy may use Customer’s name, likeness, logos, trademarks or other identifying information in customer listings and in marketing material.

12.5 Contact Information

For any questions or concerns about this Agreement, please contact us at legal@thinkeasy.com.