Your Stuff & Your Permissions
When you use our Services, you provide us with things like your files, content, messages, contacts,
and so on (“Your Stuff”). Your Stuff is yours. These Terms don’t give us any rights to Your Stuff except
for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you
ask us to. Our Services also provide you with features like commenting, sharing, searching, image
thumbnails, document previews, optical character recognition (OCR), easy sorting and organization,
and personalization to help reduce busywork. To provide these and other features, Think Different
Nation accesses, stores, and scans Your Stuff. You give us permission to do those things, and this
permission extends to our affiliates and trusted third parties we work with.
Your Responsibilities
Your use of our Services must comply with our Acceptable Use Policy. Content in the Services may be
protected by others’ intellectual property rights. Please don’t copy, upload, download, or share
content unless you have the right to do so.
Think Different Nation may review your conduct and content for compliance with these Terms and
our Acceptable Use Policy. We aren’t responsible for the content people post and share via the
Services.
Help us keep Your Stuff protected. Safeguard your password to the Services, and keep your account
information current. Don’t share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law, including export control laws and
regulations. Finally, to use our Services, you must be at least 13 (or older, depending on where you
live).
Software
Some of our Services allow you to download client software (“Software”) which may update
automatically. So long as you comply with these Terms, we give you a limited, nonexclusive,
nontransferable, revocable license to use the Software, solely to access the Services. To the extent
any component of the Software may be offered under an open source license, we’ll make that license
available to you and the provisions of that license may expressly override some of these Terms.
Unless the following restrictions are prohibited by law, you agree not to reverse engineer or
decompile the Services, attempt to do so, or assist anyone in doing so.
Beta Services
We sometimes release products and features that we’re still testing and evaluating (“Beta Services”).
Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or
phrases with similar meanings) and may not be as reliable as Think Different Nation”s other services.
Beta Services are made available so that we can collect user feedback, and by using our Beta
Services, you agree that we may contact you to collect such feedback.
Beta Services are confidential until official launch. If you use any Beta Services, you agree not to
disclose any information about those Services to anyone else without our permission.
Our Stuff
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms
don’t grant you any right, title, or interest in the Services, others’ content in the Services, Think
Different Nation trademarks, logos and other brand features. We welcome feedback, but note that
we may use comments or suggestions without any obligation to you.
Paid Accounts
Billing. We currently charge a one time fee for one year (365 days) of services. After one year,
services move to a monthly rate. Think Different Nation retains the ability to adjust this pricing model
to a pricing model based on storage space used by the user. We’ll automatically bill you from the
date the 365 day term expires with a monthly renewal fee. If you’re on an annual plan, we’ll send you
a notice email reminding you that your plan is about to renew within a reasonable period of time
prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when
required to do so. Some countries have mandatory local laws regarding your cancellation rights, and
this paragraph doesn’t override these laws.
Cancellation. You may cancel your Think Different Nation Ideation Control Tower account at any time.
Refunds are only issued if required by law and where applicable, based on a prorated monthly basis.
Changes. We may change the fees in effect on renewal of your subscription, to reflect factors such as
changes to our product offerings, changes to our business, or changes in economic conditions. We’ll
give you no less than 30 days’ advance notice of these changes via a message to the email address
associated with your account and you’ll have the opportunity to cancel your subscription before the
new fee comes into effect.
Termination
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your
access to the Services with notice to you if:
1. you’re in breach of these Terms,
2. your use of the Services would cause a real risk of harm or loss to us or other users, or
3. you don’t have a Paid Account or your account lapes for more than 60 days.
We’ll provide you with reasonable advance notice via the email address associated with your account
to remedy the activity that prompted us to contact you and give you the opportunity to export Your
Stuff from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or
suspend your access to the Services.
We won’t provide notice before termination where:
1. you’re in material breach of these Terms,
2. doing so would cause us legal liability or compromise our ability to provide the Services to
our other users, or
3. we’re prohibited from doing so by law.
Discontinuation of Services
We may decide to discontinue the Services in response to exceptional unforeseen circumstances,
events beyond Think Different Nation’s control (for example a natural disaster, fire, or explosion), or
to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you
can export Your Stuff from our systems (we will give you no less than 30 days’ notice where possible
under the circumstances). If we discontinue the Services in this way before the end of any fixed or
minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but
haven’t received Services for.
Services “AS IS”
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE
FULLEST EXTENT PERMITTED BY LAW, THINK DIFFERENT NATION AND ITS AFFILIATES, SUPPLIERS
AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES.
THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places
don’t allow the disclaimers in this paragraph, so they may not apply to you. For example, these
disclaimers do not override the legal protections, including statutory warranties, granted to
consumers by EU law.
Limitation of Liability
WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—
THIS INCLUDES ANY LIABILITY FOR THINK DIFFERENT NATION’S OR ITS AFFILIATES’ FRAUD OR
FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE
FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR
LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE
REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH
DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR
AGREEMENT. IF YOU ARE AN EU OR UK CONSUMER, THESE TERMS DO NOT EXCLUDE THINK
DIFFERENT NATION’S LIABILITY FOR LOSSES AND DAMAGES THAT ARE A RESULT OF OUR FAILURE
TO USE REASONABLE CARE AND SKILL IN PROVIDING THE SERVICES OR OF OUR BREACH OF OUR
CONTRACT WITH YOU, AS LONG AS THOSE LOSSES AND DAMAGES ARE REASONABLY
FORESEEABLE.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, THINK
DIFFERENT NATION, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:
1. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES, OR
2. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT THINK
DIFFERENT NATION OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH
DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, THINK
DIFFERENT NATION, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU
FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS
OPPORTUNITY. THINK DIFFERENT NATION AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE
CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS
SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY
AMOUNT YOU’VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH THINK DIFFERENT NATION AS
IT RELATES ONLY TO THE IDEATION CONTROL TOWER USAGE. NO REFUNDS WILL BE PROVIDED
FOR COACHING SERVICES RENENDERED.
Resolving Disputes
Let’s Try to Sort Things Out First. We want to address your concerns without needing a formal legal
case. Before filing a claim against Think Different Nation, you agree to try to resolve the dispute
informally by contacting admin@ThinkDifferentNation.com. We’ll try to resolve the dispute
informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you
or Think Different Nation may bring a formal proceeding. If you reside in the EU, the European
Commission provides for an online dispute resolution platform, which you can access
here: https://ec.europa.eu/consumers/odr.
Judicial Forum for Disputes. You and Think Different Nation agree that any judicial proceeding to
resolve claims relating to these Terms or the Services will be brought in the federal or state courts of
Delaware County, Pennsylvania, subject to the mandatory arbitration provisions below. Both you and
Think Different Nation consent to venue and personal jurisdiction in such courts. If you reside in a
country (for example, a member state of the European Union) with laws that give consumers the
right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY
ARBITRATION PROVISIONS:
We Both Agree to Arbitrate. You and Think Different Nation agree to resolve any claims relating to
these Terms or the Services through final and binding arbitration by a single arbitrator, except as set
forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or
relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including
its enforceability, revocability, or validity.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration
under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related
Disputes. The arbitration will be held in the United States county where you live or work, Delaware
County (PA), or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Think
Different Nation will pay all arbitration fees for individual arbitration for claims less than $75,000. If
you receive an arbitration award that is more favorable than any offer we make to resolve the claim,
we will pay you $1,000 in addition to the award. Think Different Nation will not seek its attorneys’
fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Either you or Think Different Nation may assert claims, if they
qualify, in small claims court in Delaware County (PA) or any United States county where you live or
work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of
the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or
patent rights) without first engaging in arbitration or the informal dispute-resolution process
described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree
to the exclusive jurisdiction of the state and federal courts in Delaware County, Pennsylvania to
resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis and may not bring
a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class
arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations
aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory
Arbitration Provisions” section will be deemed void.
Controlling Law
These Terms will be governed by Pennsylvania law except for its conflicts of laws principles. However,
some countries (including those in the European Union) have laws that require agreements to be
governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
Entire Agreement
These Terms constitute the entire agreement between you and Think Different Nation with respect to
the subject matter of these Terms, and supersede and replace any other prior or contemporaneous
agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms
create no third party beneficiary rights.
Waiver, Severability & Assignment
Think Different Nation’s failure to enforce a provision is not a waiver of its right to do so later. If a
provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and
an enforceable term will be substituted reflecting our intent as closely as possible. You may not
assign any of your rights under these Terms, and any such attempt will be void. Think Different
Nation may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of
any business associated with the Services.
Modifications
We may revise these Terms from time to time to better reflect:
1. changes to the law,
2. new regulatory requirements, or
3. improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify
you prior to the update’s effective date by sending an email to the email address associated with
your account or via an in-product notification. These updated terms will be effective no less than 30
days from when we notify you.
If you don’t agree to the updates we make, please cancel your account before they become effective.
Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for
Services and your account cancellation date. By continuing to use or access the Services after the
updates come into effect, you agree to be bound by the revised Terms.