Terms & Conditions

01 Acceptance of Terms

By visiting thinkub.in, submitting an enquiry, using any Thinkub product, or entering into a service agreement with Thinkub Labs Private Limited ("Thinkub", "we", "us", or "our"), you confirm that you have read, understood, and agree to be bound by these Terms & Conditions ("Terms") and any policies incorporated herein by reference, including our Privacy Policy.

These Terms apply to all visitors, prospective clients, current clients, end users of our products, and any other person who accesses or uses our digital properties or services in any manner.

If you are accessing Thinkub on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that case, "you" also refers to that entity.

02 Definitions

For the purposes of these Terms:

• "Thinkub" / "Company" refers to Thinkub Labs Private Limited, a company registered in India, with its registered office at Awfis, Center Point, 2/4 Mount Poonamalle Road, Manapakkam, Chennai, Tamil Nadu – 600089.
• "Website" refers to thinkub.in and all associated subdomains, microsites, and digital properties operated by Thinkub.
• "Services" refers to the business consulting, technology development and maintenance, staffing, and any related professional services provided by Thinkub to clients under a separate agreement or statement of work.
• "Products" refers to software-as-a-service tools and platforms developed and operated by Thinkub, including but not limited to WorkQue, Creators, AR360, Balcony Ads, ERPGO, and Cardex.
• "User" / "Client" refers to any individual or organisation that accesses the Website, uses a Product, or receives Services from Thinkub.
• "Content" refers to all text, images, data, code, designs, graphics, videos, and other materials made available through the Website or Products.
• "Confidential Information" means any non-public information shared between Thinkub and a Client in the course of an engagement.

03 Services

3.1 Scope of Services

Thinkub provides business consulting, technology development and maintenance, and staffing services. The specific scope, deliverables, timelines, and fees applicable to any engagement are defined in a separate written agreement, proposal, or Statement of Work ("SOW") between Thinkub and the Client. These Terms apply alongside, and are incorporated into, any such agreement.

3.2 Products

Access to and use of Thinkub's software products (WorkQue, Creators, AR360, Balcony Ads, ERPGO, Cardex, and any future products) is subject to the specific product terms applicable to each platform, which are provided separately at the point of subscription or access. These Terms apply as a baseline in the absence of, or in addition to, product-specific terms.

3.3 No Guarantee of Outcomes

Thinkub commits to performing its services with reasonable skill, care, and diligence. However, we do not guarantee specific business outcomes, revenue results, or technical performance benchmarks unless explicitly stated in a signed SOW. Business results depend on factors outside our control, including client-side execution, market conditions, and third-party dependencies.

3.4 Subcontracting

Thinkub may engage qualified subcontractors or third-party specialists to assist in delivering services. We remain responsible for the quality and confidentiality obligations of any such subcontractors. Clients will be informed of material subcontracting arrangements where required by the relevant agreement.

04 Eligibility

To use the Thinkub website, engage our services, or access any Thinkub product, you must:

• Be at least 18 years of age, or the age of legal majority in your jurisdiction;
• Have the legal capacity to enter into a binding contract under the laws of India and your jurisdiction;
• Not be prohibited from receiving our services under any applicable law or regulation;
• If acting on behalf of a company, have the requisite authority to bind that company.

By using our website or services, you represent and warrant that you meet all of the above eligibility requirements. Thinkub reserves the right to verify eligibility and refuse service at its sole discretion.

05 Accounts & Access

5.1 Account Registration

Certain Thinkub products and services may require you to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated at all times.

5.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify Thinkub immediately at support@thinkub.in if you suspect any unauthorised use of your account.

5.3 Account Suspension

Thinkub reserves the right to suspend or terminate any account that it reasonably believes is being used in violation of these Terms, is the subject of fraudulent activity, or poses a risk to the security of our systems or other users.

06 Intellectual Property

6.1 Thinkub Ownership

All content, design, code, trademarks, logos, product names, and materials on the Thinkub website and in our products are the exclusive property of Thinkub Labs Private Limited or its licensors and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use Thinkub's name, logo, or trademarks without prior written consent.

6.2 Client Deliverables

Unless expressly agreed otherwise in a signed SOW, upon full payment of all fees, Thinkub assigns to the Client the rights to the specific custom deliverables created exclusively for that Client under the relevant engagement. Thinkub retains ownership of its pre-existing tools, methodologies, frameworks, libraries, and any general intellectual property developed independently of the engagement.

6.3 Licence to Use Products

Subject to payment of applicable fees and compliance with these Terms, Thinkub grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the applicable Thinkub product solely for your internal business purposes during the subscription period.

6.4 Feedback

If you provide Thinkub with feedback, suggestions, or ideas regarding our services or products, you grant us a perpetual, irrevocable, royalty-free licence to use and incorporate such feedback without any obligation of compensation or attribution.

07 Acceptable Use

You agree not to use the Thinkub website, services, or products to:

• Violate any applicable local, national, or international law or regulation;
• Transmit any material that is unlawful, defamatory, offensive, fraudulent, or harmful;
• Infringe upon the intellectual property rights of Thinkub or any third party;
• Attempt to gain unauthorised access to our systems, networks, or user accounts;
• Introduce any virus, malware, ransomware, or other harmful code;
• Use automated tools (scrapers, bots, crawlers) to access our website or products without prior written consent;
• Reproduce, distribute, or resell any Thinkub product or service without authorisation;
• Impersonate Thinkub, its employees, or any other person or entity;
• Collect or harvest any personally identifiable information from our platforms without consent;
• Use our services to send unsolicited communications (spam).

08 Payments & Fees

8.1 Service Fees

Fees for consulting, technology, and staffing engagements are agreed upon in writing in the applicable SOW or proposal. All fees are quoted in Indian Rupees (INR) unless otherwise specified in the agreement, and are exclusive of applicable taxes, including Goods and Services Tax (GST).

8.2 Payment Terms

Unless otherwise stated in the SOW, invoices are payable within 14 calendar days of the invoice date. Payment milestones for project-based engagements are defined in the respective agreement.

8.3 Late Payments

Thinkub reserves the right to charge interest on overdue amounts at a rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower) from the due date until the date of payment. Thinkub may also suspend services for accounts that are more than 30 days overdue.

8.4 Refunds

Refunds are governed by the terms of the specific service agreement. As a general principle, fees paid for time and materials work are non-refundable. Refunds for product subscriptions, if applicable, are subject to the product-specific refund policy communicated at the time of subscription.

8.5 Taxes

Clients are responsible for all applicable taxes arising from the receipt of Thinkub's services. Thinkub will issue GST-compliant invoices where required under Indian law.

09 Confidentiality

Both parties agree to keep confidential all proprietary or sensitive information received from the other party in the course of any engagement ("Confidential Information"), and not to disclose it to any third party without prior written consent, except:

• Where the information is or becomes publicly available through no fault of the receiving party;
• Where disclosure is required by applicable law, court order, or regulatory authority (in which case the disclosing party shall provide notice where legally permissible);
• Where the information was already known to the receiving party prior to disclosure, without restriction;
• To employees, contractors, or advisors of either party who have a need to know and are bound by equivalent confidentiality obligations.

Confidentiality obligations under this clause survive the termination of any service agreement for a period of three (3) years.

10 Data & Privacy

Thinkub collects and processes personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using our website or services, you consent to the collection, use, and processing of your personal data as described therein.

In the context of service engagements where Thinkub processes personal data on behalf of a Client, the parties will enter into a separate Data Processing Agreement ("DPA") that governs the processing of such data in accordance with applicable data protection laws, including the Information Technology (Amendment) Act, 2008 and the Digital Personal Data Protection Act, 2023.

11 Disclaimers

11.1 Website Content

The content on the Thinkub website is provided for general informational purposes only. While we endeavour to keep information accurate and up to date, we make no representations or warranties, express or implied, regarding the completeness, accuracy, reliability, or suitability of any information on the website for any particular purpose.

11.2 Third-Party Links

Our website may contain links to third-party websites. These links are provided for convenience only. Thinkub has no control over the content of those sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

11.3 "As Is" Basis

To the maximum extent permitted by applicable law, Thinkub's products and services are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12 Limitation of Liability

To the fullest extent permitted by applicable law, Thinkub's total liability to you for any claim arising out of or in connection with these Terms or the services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by you to Thinkub in the three (3) months immediately preceding the event giving rise to the claim.

In no event shall Thinkub be liable for any:

• Loss of profits, revenue, or business;
• Loss of data or information;
• Loss of goodwill or reputation;
• Indirect, incidental, special, punitive, or consequential damages;
• Business interruption losses;

even if Thinkub has been advised of the possibility of such damages.

13 Indemnification

You agree to defend, indemnify, and hold harmless Thinkub Labs Private Limited, its directors, officers, employees, contractors, licensors, and agents from and against any claims, liabilities, damages, judgements, awards, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms;
• Your use of the website, services, or products in breach of these Terms;
• Your infringement of any third-party intellectual property, privacy, or other rights;
• Any content or data you provide to Thinkub that causes harm to a third party.

Thinkub reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you will cooperate fully with Thinkub in asserting any available defences.

14 Termination

14.1 Termination by Client

Clients may terminate a service engagement in accordance with the notice and termination provisions set out in the applicable SOW or service agreement. In the absence of specific terms, 30 days' written notice is required for ongoing retainer engagements.

14.2 Termination by Thinkub

Thinkub may suspend or terminate access to its website, products, or services immediately and without notice if you materially breach these Terms, fail to pay fees when due, or engage in conduct that Thinkub reasonably believes is harmful to Thinkub, other clients, or third parties.

14.3 Effect of Termination

Upon termination, your right to access and use Thinkub's products and services ceases immediately. Clauses relating to intellectual property, confidentiality, payment of outstanding fees, disclaimers, limitation of liability, indemnification, and governing law shall survive any termination of these Terms or an underlying service agreement.

15 Governing Law & Dispute Resolution

15.1 Governing Law

These Terms and any disputes arising out of or in connection with them are governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

15.2 Jurisdiction

The courts of Chennai, Tamil Nadu, India shall have exclusive jurisdiction over any disputes arising under these Terms or in connection with Thinkub's services. Both parties irrevocably submit to the personal jurisdiction of those courts.

15.3 Dispute Resolution Process

Before initiating any formal legal proceedings, the parties agree to attempt in good faith to resolve any dispute through direct negotiation. Either party may request a meeting (in person or virtual) to discuss and resolve the dispute within 30 days of the dispute arising. If the dispute is not resolved through negotiation, either party may then pursue formal legal remedies.

16 Changes to These Terms

Thinkub reserves the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, notify you by email or through a notice on the website.

Your continued use of our website, products, or services after any changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our website and services and, where applicable, close your account.

17 Contact Us

If you have any questions, concerns, or requests regarding these Terms & Conditions, please contact us through any of the following channels:

We aim to respond to all legal and compliance-related queries within 3 business days.