ThinkingData Terms and Conditions

Effective Date: _September 3rd, 2025_

Welcome to https://thinkingdata.io (the “Site”), which is operated by ThinkingData, Inc. (“Company”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the “Terms”). Your access or use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.

Scope of Terms

These Terms apply to the use of the Site. Company also offers customers access to a game analytics and LiveOps platform for use in connection with customers’ games (“Platform”). These Terms do not apply to the use of the Platform. Customers are required to enter a separate agreement to access and use the Platform.

Privacy

Your use of the Site and any information you provide through the Site is subject to Company’s Privacy Policy. Please review our Privacy Policy, which informs users of our data collection practices.

Electronic Communications

Visiting the Site or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under 18 

The Services are not intended for or directed to, and Company does not knowingly collect, either online or offline, personal information from persons under the age of 18. If you are under 18, you may use the Site only with permission of a parent or guardian.

Links to Third-Party Sites/Third-Party Services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and view Site and the Services strictly in accordance with these Terms. As a condition of your use of the Site or Services, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms or that infringes any intellectual property right or violates any person’s rights of publicity or right of privacy, or is used to harass or promote or facilitate violence or any obscene, defamatory, or other illegal activity. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or Services or interfere with any other party’s use and enjoyment of the Site or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.   

All content (“Company Content”) included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software or hardware used to provide the Site, is the property of Company or its suppliers or its licensors, and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, derive the source code of, or in any way exploit the Site or Company Content. Company Content and Services are not for resale. Your use of the Site does not entitle you to make any unauthorized use of the Company Content, and in particular you will not delete or alter any proprietary rights or attribution notices in Company Content. You will use Company Content solely for your personal use, and will make no other use of the Company Content without the express written permission of Company and the copyright owner. You agree that you do not acquire any ownership rights in the Site or Services or any Company Content. We do not grant you any licenses, express or implied, to the intellectual property of Company or our licensors except as expressly authorized by these Terms.

International Users

The Site is controlled, operated and administered by Company from the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of these Terms, your use of the Services (including any property damage, personal injury or death resulting from action or inaction based on use of the Services), or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, COMPANY CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS SUPPLIERS AND LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. CUSTOMERS’ STORIES PROVIDED ON THE SITE ARE FOR ILLUSTRATIVE PURPOSES AND DO NOT CONSTITUTE ANY REPRESENTATION OR WARRANTY ABOUT THE PLATFORM.

COMPANY AND/OR ITS SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, COMPANY CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, COMPANY CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY AND/OR ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, COMPANY CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY AND/OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SITE OR RELATED SERVICES, OR FOR ANY INFORMATION, COMPANY CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction/Choice of Law/Jurisdiction

Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of Delaware, without regard to its choice of law principles, and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site and Services. Use of the Site and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

General Terms

You agree that no joint venture, partnership, employment or agency relationship exists between you and Company as a result of these Terms or use of the Site or Services. Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, the Terms constitute the entire agreement between the user and Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

Company reserves the right, in its sole discretion, to change the Terms under which the Site and Services are offered. Any changes will be posted to the Site. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of our updates. Your continued access and use of the Site after such changes are made constitutes your acceptance of such changes.

Contact Us

If you have any questions about the Site, these Terms or our products and services, please contact us at  [comliance@thinkingdata.io].

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