Terms & Conditions
Last updated on 25th March 2026
1.1. Agreement to Legal Terms.
1.1.1. These Terms and Conditions (hereinafter referred to as the “Terms”, “Agreement”, or “Terms of Service”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (hereinafter referred to as “you”, “your”, “User”, or “Customer”), and Thirdi Pte. Ltd. (hereinafter referred to as “Thirdi”, “we”, “us”, “our”, or the “Company”), concerning your access to and use of the Thirdi growth marketing technology platform, including the website accessible at https://www.thirdi.ai (the “Website”), any related mobile applications, APIs, software, tools, features, databases, and all other services provided by the Company (collectively, the “Services” or the “Platform”).
1.1.2. By accessing, browsing, registering for, or using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, together with our Privacy Policy (available at https://www.thirdi.ai/privacy-policy) and any additional terms, conditions, policies, or notices that may be posted on the Platform from time to time. If you do not agree with any provision of these Terms, you are expressly prohibited from accessing or using the Services and must discontinue use immediately.
1.2. Definitions For the purposes of these Terms, unless the context otherwise requires:
1.2.1. “Account” means the registered user account created by the Customer to access and use the Services.
1.2.2. “Add-Ons” means additional features, services, or usage capacity available for purchase beyond the standard Subscription Plan.
1.2.3. “Advertising Platform” means third-party advertising networks and services, including but not limited to Google Ads, Meta Ads (Facebook and Instagram), TikTok Ads, and other similar platforms with which the Services integrate via API.
1.2.4. “Aggregated Data” means data that has been combined, anonymized, and processed in such a manner that it cannot be used to identify any individual person and contains only collective, statistical, or summary information.
1.2.5. “API” or “Application Programming Interface” means the technical protocols, tools, and specifications that enable the Services to integrate with and extract data from Advertising Platforms through a secure three-way handshake mechanism.
1.2.6. “Applicable Consumer Protection Laws” means all applicable laws, rules, regulations, and guidelines relating to consumer protection, electronic commerce, unfair trade practices, and consumer rights in the jurisdictions where the Services are offered, including without limitation the jurisdictions of India, Singapore, the United States, and the European Union, and any subordinate legislation, rules, or regulations made thereunder.
1.2.7. “Chatbot” means the artificial intelligence-powered conversational interface embedded within the Platform that enables Users to query and interact with Aggregated Data using natural language processing.
1.2.8. “Dashboard” means the unified web-based interface provided by the Services that displays advertising campaign metrics, analytics, and performance data in a consolidated format.
1.2.9. “Data Protection Laws” means all applicable laws, regulations, and binding guidance relating to data protection, privacy, and electronic communications in the jurisdictions where the Services are offered.
1.2.10. “Enterprise LLM” means advanced, premium large language models made available for use with the Services upon selection of higher-tier Subscription Plans or purchase of specific Add-Ons.
1.2.11. “Fees” means all charges, costs, and amounts payable by the Customer for access to and use of the Services, including Subscription Fees, Add-On charges, and any applicable taxes.
1.2.12. “Force Majeure Event” means any event or circumstance beyond the reasonable control of a party, including but not limited to acts of God, war, terrorism, civil unrest, governmental action, epidemic, pandemic, failure of telecommunications infrastructure, power failure, or cyberattack.
1.2.13. “Grievance Officer” means the individual appointed by Thirdi in accordance with applicable law to receive and address user complaints and grievances.
1.2.14. “Intellectual Property Rights” means all intellectual and industrial property rights of any kind whatsoever, including patents, trademarks, service marks, trade names, copyrights, database rights, design rights, trade secrets, know-how, and all other proprietary rights, whether registered or unregistered, and all applications for and renewals or extensions of such rights.
1.2.15. “Large Language Model” or “LLM” means artificial intelligence models capable of understanding and generating human-like text, which are utilized by the Services to provide analytical insights, recommendations, and conversational capabilities.
1.2.16. “Nodal Officer” means the person appointed by Thirdi to ensure compliance with applicable laws and to serve as the primary point of contact for regulatory authorities.
1.2.17. “Payment Service Provider” means third-party payment processing services, including Stripe, Razorpay, and other authorized payment gateways utilized by the Company to collect Fees.
1.2.18. “Personally Identifiable Information” or “PII” means any information that can be used alone or in combination with other information to identify, contact, or locate a single individual, or to identify an individual in context.
1.2.19. “Report” means the analytical documents, summaries, visualizations, and data compilations generated by Users through the Services, either from standardized templates provided by the Company or custom-built by the User.
1.2.20. “Standard LLM” means the default large language model configuration provided with standard Subscription Plans.
1.2.21. “Subscription Fee” means the recurring monthly or annual charge for access to the Services under a selected Subscription Plan.
1.2.22. “Subscription Plan” means the specific tier of service offering selected by the Customer, which determines the scope of features, usage limits, and pricing applicable to the Customer’s Account.
1.2.23. “Subscription Term” means the period for which the Customer has subscribed to the Services, whether monthly or annually.
1.2.24. “Third-Party Models” means external artificial intelligence, machine learning, and analytical models developed and maintained by third parties and utilized by the Services to provide analytics, insights, and recommendations.
1.2.25. “User Content” means any data, information, feedback, suggestions, materials, or content uploaded, submitted, transmitted, or otherwise made available by the User through the Services.
1.3. Interpretation
1.3.1. The words “include”, “includes”, and “including” shall be deemed to be followed by the phrase “without limitation”.
1.3.2. References to “Section” or “Sections” refer to sections of these Terms.
1.3.3. The use of “or” is not exclusive unless the context clearly requires otherwise.
1.3.4. References to “writing” or “written” include email and other electronic communications.
1.3.5. Words importing the singular shall include the plural and vice versa.
1.3.6. Headings are for convenience only and shall not affect the interpretation of these Terms.
2. COMPREHENSIVE SERVICE DESCRIPTION.
2.1. Nature of Services. Thirdi provides a software-as-a-service (“SaaS”) based growth marketing technology platform designed to enable businesses, marketing professionals, advertising agencies, and corporate entities to analyze, optimize, and manage their digital advertising campaigns across multiple channels from a single, unified interface. The Platform is specifically architected to aggregate, process, and visualize advertising performance data in a manner that facilitates data-driven decision-making, strategic optimization, and improved return on advertising spend.
2.2. Core Features & Functionalities. The Services include, but are not limited to, the following features:
2.2.1. Unified Analytics Dashboard. A comprehensive, web-based interface that consolidates and displays advertising campaign metrics, key performance indicators (“KPIs”), and analytical data from multiple Advertising Platforms in real-time or near-real-time. The Dashboard provides visualization tools, including charts, graphs, tables, and trend analyses, to enable Users to monitor campaign performance efficiently.
2.2.2. Multi-Platform API Integration. Secure integration with third-party Advertising Platforms through a three-way API handshake mechanism that enables automated extraction of campaign data. Supported integrations include, but are not limited to, Google Ads, Meta Ads (Facebook and Instagram advertising platforms), TikTok Ads, and other advertising networks as may be added from time to time. These integrations are designed to extract only Aggregated Data and do not access, collect, or process any PII or individual-level user data from the connected advertising accounts.
2.2.3. AI-Powered Chatbot Interface. An artificial intelligence-driven conversational interface embedded within the Platform that enables Users to query, analyze, and interact with their Aggregated Data using natural language inputs. The Chatbot utilizes LLM technology to interpret user questions, retrieve relevant data, and provide analytical responses, insights, and recommendations based on the User’s campaign performance data.
2.2.4. Flexible LLM Configuration. Depending on the User’s Subscription Plan and specific requirements, the Platform provides access to either Standard LLM or Enterprise LLM capabilities. Enterprise LLM offerings provide enhanced processing power, more sophisticated analytical capabilities, and potentially superior insight generation. Users can switch between LLM configurations based on their subscription tier or by purchasing specific Add-Ons.
2.2.5. Report Generation Capabilities. Tools that enable users to generate comprehensive analytical reports with a single click. Users may select from standardized report templates provided by the Company, which are designed to address everyday marketing analysis needs, or may create custom reports from scratch by selecting specific metrics, timeframes, visualizations, and data points according to their unique requirements.
2.2.6. Third-Party Analytical Models. The Platform leverages external, third-party machine learning and artificial intelligence models to provide advanced analytics, predictive insights, optimization recommendations, and strategic guidance. These Third-Party Models are integrated into the Services to enhance the analytical capabilities available to Users.
2.2.7. Campaign Performance Metrics. Detailed tracking and reporting of advertising campaign metrics, including but not limited to impressions, clicks, click-through rates, conversions, conversion rates, cost-per-click, cost-per-acquisition, return on ad spend, audience demographics (aggregated only), geographic performance, device performance, and temporal trends.
2.3. Data Processing Architecture. The Platform is expressly designed and configured to respect data privacy principles and comply with applicable Data Protection Laws. In furtherance of this commitment:
2.3.1. The Services do not collect, access, store, or process any PII or individual-level user data from connected Advertising Platforms.
2.3.2. All data extracted from Advertising Platforms through API integrations is exclusively Aggregated Data, meaning collective statistical information that cannot be used to identify any individual person.
2.3.3. The analytics, insights, and recommendations provided by the Services are derived entirely from Aggregated Data and statistical models.
2.3.4. User-provided information is limited to business contact details (username, email address, company name) and voluntarily submitted professional profile links (such as Twitter, LinkedIn, or other professional networking platforms).
2.4. Subscription Model. The Services are provided on a subscription basis with the following commercial structure:
2.4.1. Users select a Subscription Plan (monthly or annual) that determines their access level, feature set, usage limits, and pricing.
2.4.2. Add-Ons are available for purchase to extend capabilities, increase usage limits, access premium features, or upgrade LLM capabilities beyond the standard offering.
2.4.3. All Fees are collected through third-party Payment Service Providers and are billed on a recurring basis in accordance with the selected billing cycle.
2.5. Limitations & Disclaimers. The Services are provided as analytical and informational tools. The insights, recommendations, and predictions generated by the Platform, whether through AI-powered features or otherwise, are for informational and strategic guidance purposes only. The Company does not guarantee any specific results, outcomes, or return on investment from the use of the Services. All business decisions, advertising strategies, and budget allocations remain the sole responsibility of the User.
3. ELIGIBILITY & CAPACITY.
3.1. Age & Legal Capacity. The Services are intended exclusively for use by individuals who have attained the age of 18 (Eighteen) years or the age of majority in their jurisdiction of residence, whichever is greater, and who possess the legal capacity to enter into binding contracts under applicable law. By accessing or using the Services, you represent and warrant that you meet these eligibility requirements.
3.2. Business & Commercial Use. The Platform is designed for business, commercial, and professional purposes. Users accessing the Services on behalf of a company, partnership, limited liability entity, or other business organization represent and warrant that they possess the necessary authority, power, and capacity to bind such entity to these Terms and that such entity has authorized their access and use of the Services.
3.3. Jurisdictional Restrictions. Certain features of the Services may not be available in all jurisdictions due to legal, regulatory, or technical constraints. The Company reserves the right to limit access to the Services in specific geographic regions or to specific users based on compliance requirements, sanctions, export controls, or other legal restrictions. Users are responsible for ensuring that their use of the Services complies with all applicable laws and regulations, both local, state, national, and international.
3.4. Prohibited Persons. The following categories of persons are expressly prohibited from accessing or using the Services:
3.4.1. Individuals or entities that have previously been suspended or banned from the Platform;
3.4.2. Individuals or entities engaged in activities that compete directly with the Company’s business without prior written authorization;
3.4.3. Individuals or entities subject to economic sanctions or trade restrictions imposed by any governmental authority; and
3.4.4. Individuals or entities that have violated these Terms or any applicable law in connection with the use of similar services.
4. REGISTRATION & ACCOUNT MANAGEMENT.
4.1. Account Creation. To access the full functionality of the Services, Users must create an Account by completing the registration process provided on the Platform. During registration, Users must provide accurate, current, and complete information, including but not limited to (a) a unique username and secure password; (b) a valid email address; (c) the legal name of the User’s company or business entity; (d) voluntarily, professional profile information such as links to LinkedIn, Twitter, or other professional networking platforms.
4.2. Accuracy of Information. Users represent and warrant that all information provided during registration and thereafter in connection with the use of the Services is accurate, truthful, current, and complete. Users agree to update their Account information promptly to maintain its accuracy. Provision of false, misleading, or fraudulent information constitutes a material breach of these Terms and may result in immediate suspension or termination of the Account.
4.3. Account Security & Confidentiality. Users are solely responsible for maintaining the confidentiality and security of their Account credentials, including their username and password. Users must (a) use a strong, unique password that is not used for any other online service; (b) not share their Account credentials with any third party; (c) restrict access to their Account by implementing appropriate physical and technical security measures; (d) immediately notify the Company of any unauthorized access to or use of their Account or any other security breach. Users acknowledge and agree that they are fully responsible for all activities that occur under their Account, whether authorized or unauthorized. The Company shall not be liable for any loss or damage arising from unauthorized use of a User’s Account, and Users may be held liable for losses incurred by the Company or other Users due to unauthorized use of their Account.
4.4. Prohibition on Multiple Accounts. Unless expressly authorized in writing by the Company, each User or business entity is permitted to maintain only one Account. Creating multiple Accounts for the purpose of circumventing usage limits, accessing promotional offers multiple times, or engaging in other fraudulent or abusive conduct is strictly prohibited and shall constitute grounds for the immediate termination of all Accounts associated with the User.
4.5. Corporate & Enterprise Accounts. For Users accessing the Services on behalf of a corporate entity or as part of an enterprise arrangement, the Company may provide multi-user access capabilities, role-based permissions, and centralized billing. Such arrangements shall be governed by supplemental terms as set forth in a separate enterprise agreement or order form executed by the parties.
5. SUBSCRIPTION PLANS, FEES & PAYMENT TERMS.
5.1. Subscription Plan Selection. The Company offers various Subscription Plans designed to accommodate different user needs, usage levels, and feature requirements. Each Subscription Plan provides access to specific features, usage limits, LLM capabilities, and support levels as detailed on the Platform’s pricing page (https://www.thirdi.ai/pricing) or as otherwise communicated to the User. By selecting and subscribing to a Subscription Plan, the User agrees to pay the applicable Subscription Fees for the duration and scope specified in the selected plan.
5.2. Billing Cycles & Recurring Payments.
5.2.1. Billing Frequency. Subscription Fees are billed on a recurring basis in accordance with the User’s selected billing cycle, either monthly or annually. Monthly subscriptions are billed on the same calendar day each month, while annual subscriptions are billed on the anniversary of the initial subscription date.
5.2.2. Advance Payment. All Subscription Fees are payable in advance for the applicable Subscription Term. The first billing cycle commences immediately upon completion of Account registration and selection of a Subscription Plan, or upon expiration of any applicable free trial period.
5.2.3. Automatic Renewal. Unless the User cancels their subscription in accordance with Section 6 (Cancellation & Subscription Termination) of these Terms, all subscriptions shall automatically renew for successive periods equal in length to the initial Subscription Term (i.e., monthly subscriptions renew monthly, annual subscriptions renew annually) at the then-current rate for the applicable Subscription Plan.
5.3. Payment Methods & Processing.
5.3.1. Authorized Payment Methods. The Company accepts payment through third-party Payment Service Providers, including Stripe, Razorpay, and such other payment processors as may be made available on the Platform from time to time. Accepted payment methods include credit cards (Visa, Mastercard, American Express), debit cards, net banking, UPI (Unified Payments Interface), and other region-specific payment methods as supported by the Payment Service Providers.
5.3.2. Authorization. By providing payment information and completing a subscription purchase, the User authorizes the Company and its Payment Service Providers to charge the designated payment method for all Subscription Fees, Add-On charges, applicable taxes, and any other amounts due under these Terms.
5.3.3. Payment Information Security. The Company does not directly collect, store, or have access to Users’ complete payment card information. All payment processing is handled securely by third-party Payment Service Providers in compliance with applicable Payment Card Industry Data Security Standards (“PCI-DSS”). Users acknowledge that their payment information will be processed in accordance with the terms and privacy policies of the respective Payment Service Provider.
5.3.4. Payment Processing Time. Depending on the User’s location, payment method, and Payment Service Provider, payment processing may take up to 5 (Five) business days to complete. Access to the Services is granted upon successful authorization and processing of the initial payment.
5.4. Add-Ons & Additional Services. Users may purchase Add-Ons to enhance their subscription with additional features, increased usage capacity, or premium capabilities. Add-On charges are billed immediately upon purchase and, where applicable, on a recurring basis aligned with the User’s primary Subscription Term. Add-Ons are subject to the same payment terms as Subscription Fees unless otherwise specified at the time of purchase.
5.5. Plan Modifications.
5.5.1. Upgrades. Users may upgrade to a higher-tier Subscription Plan at any time through their Account settings. Upon upgrade, the User will be charged a prorated amount reflecting the difference between the current plan and the upgraded plan for the remainder of the then-current billing cycle. The upgraded features and capabilities will become available immediately upon successful processing of the prorated payment.
5.5.2. Downgrades. Users may downgrade to a lower-tier Subscription Plan at any time through their Account settings. Downgrades take effect at the start of the next billing cycle after the User’s downgrade request is received. No prorated refunds or credits will be issued for the period between the date of the downgrade request and the effective date of the downgrade. Users will continue to have access to the features of their current Subscription Plan until the end of the then-current billing cycle.
5.5.3. Effect of Modification. Changes to Subscription Plans may result in changes to available features, usage limits, data retention periods, or support levels. Users are responsible for reviewing the terms and specifications of any new Subscription Plan before confirming a change.
5.6. Free Trials & Promotional Offers.
5.6.1. Free Trial Availability. The Company may, at its sole discretion, offer free trial periods to new Users, allowing temporary access to certain features of the Services without charge. The duration of any free trial and the features available during the trial period shall be specified at the time of sign-up.
5.6.2. Trial Limitations. Free trial access is limited to one instance per User or business entity unless otherwise expressly authorized in writing by the Company. Users found to be abusing free trial offers by creating multiple accounts, providing fraudulent information, or engaging in other deceptive practices shall have their access terminated immediately without notice.
5.6.3. Conversion to Paid Subscription. Upon expiration of a free trial period, Users will be presented with available Subscription Plans and pricing options. If the User elects not to subscribe to a paid plan, access to the Services will be discontinued. If the User has provided payment information and selected a Subscription Plan prior to or during the trial period, the User’s Account will automatically convert to the selected paid subscription upon trial expiration, and the applicable Subscription Fees will be charged.
5.6.4. Promotional Pricing. From time to time, the Company may offer promotional discounts, special pricing arrangements, or partnership-based offers. Such promotional offers are subject to specific terms and conditions that will be communicated at the time of the offer and may include limitations on duration, eligibility, feature access, or combinability with other offers. Unless expressly stated otherwise, promotional pricing cannot be combined with other discounts or offers, and promotional rates are valid only for the initial Subscription Term, after which standard pricing shall apply upon renewal.
5.7. Taxes & Government Charges. All Fees stated on the Platform are exclusive of any and all applicable federal, state, provincial, local, or foreign taxes, levies, duties, or similar governmental charges (collectively, “Taxes”), including but not limited to Goods and Services Tax (“GST”), Value Added Tax (“VAT”), sales tax, use tax, or withholding tax. Users are responsible for payment of all applicable Taxes associated with their use of the Services, except for taxes based solely on the Company’s net income. Where required by applicable law, the Company will add applicable Taxes to the User’s invoice, and the User shall pay such Taxes together with the Subscription Fees. Users who are exempt from payment of such Taxes must provide the Company with valid tax exemption certificates or other documentation substantiating the exemption.
5.8. Payment Failures & Delinquency.
5.8.1. Failed Payment Attempts. If the Company or its Payment Service Provider is unable to process a scheduled payment due to insufficient funds, expired payment details, card cancellation, or any other reason, the Company will make reasonable efforts to contact the User and request updated payment information.
5.8.2. Retry Mechanism. The Company reserves the right to attempt to process the failed payment again at any time following the initial failure, including through automatic retry mechanisms implemented by the Payment Service Provider.
5.8.3. Account Suspension. If payment issues are not resolved within 5 (Five) business days of the original payment failure, the Company reserves the right to suspend the User’s access to the Services until payment is successfully processed. During any suspension period, the User will not be able to access the Platform or any associated data.
5.8.4. Termination for Non-Payment. If payment issues remain unresolved for 15 (Fifteen) days following the original payment failure, the Company reserves the right to terminate the User’s Account and subscription in accordance with Section 15 (Term & Termination) of these Terms. The User shall remain liable for all outstanding amounts due.
5.8.5. Collection Costs. Users agree to reimburse the Company for all reasonable costs and expenses (including legal fees) incurred in collecting any past-due amounts.
5.9. Invoicing & Payment Records. The Company shall provide electronic invoices for all payments processed, which shall be made available through the User’s Account dashboard or sent to the User’s registered email address. Invoices shall include all information required by applicable law, including, but not limited to, the invoice number, date, detailed description of services, amounts charged, applicable Taxes, and relevant tax identification numbers (such as the GSTIN for Indian entities or the PAN, where applicable). Users are responsible for maintaining records of all payment transactions and invoices for their own accounting and tax purposes.
5.10. Price Changes. The Company reserves the right to modify Subscription Fees, Add-On pricing, or other charges for the Services at any time, subject to the following conditions:
5.10.1. For existing Users with active subscriptions, price changes shall not take effect until the commencement of the next Subscription Term following the User’s then-current term (i.e., price increases shall not apply mid-subscription).
5.10.2. The Company shall provide Users with at least 30 (Thirty) days’ prior written notice of any price increase by email or through a notification displayed prominently on the Platform.
5.10.3. If a User does not agree to a price increase, the User may cancel their subscription in accordance with Section 6 (Cancellation & Subscription Termination) of these Terms prior to the effective date of the price increase, and such cancellation shall take effect at the end of the User’s then-current Subscription Term.
5.11. Currency & Foreign Exchange. Fees may be displayed and charged in various currencies depending on the User’s location, selected Payment Service Provider, and account settings. Where currency conversion is required, the exchange rate applied shall be determined by the Payment Service Provider at the time of transaction processing. Users acknowledge and agree that exchange rates fluctuate and that the amount charged in the User’s local currency may vary between billing cycles for subscriptions priced in a different currency. The Company shall not be liable for any currency conversion fees, foreign transaction fees, or exchange rate fluctuations.
5.12. Refund Policy.
5.12.1. General Rule. All Subscription Fees and Add-On charges paid to the Company are non-refundable, except as expressly provided in this Section 5.12 (Refund Policy) or as required by applicable law.
5.12.2. Service Unavailability. If the User is unable to access the Services due to a material failure, defect, or breach by the Company that is not resolved within 5 (Five) business days of the User’s written notice to the Company, the User may request a refund of the prorated portion of the Subscription Fees corresponding to the period of unavailability.
5.12.3. Refund Request Process. All refund requests must be submitted in writing to the Company’s designated support email address within 15 (Fifteen) days of the event giving rise to the refund request. The request must include the User’s Account information, a detailed description of the issue, the dates of service unavailability, and any supporting documentation.
5.12.4. Refund Processing. Approved refunds shall be processed within 30 (Thirty) days of approval and shall be credited to the original payment method used for the purchase, or through such other method as may be agreed upon by the parties.
5.12.5. Statutory Rights. Nothing in this Section 5.12 (Refund Policy) shall limit or exclude any statutory rights that Users may have under Applicable Consumer Protection Laws that cannot be lawfully waived or excluded.
6. CANCELLATION & SUBSCRIPTION TERMINATION.
6.1. Right to Cancel. Users may cancel their subscription and cease using the Services at any time, for any reason, without penalty, subject to the terms and conditions set forth in this Section 6 (Cancellation & Subscription Termination).
6.2. Cancellation Process.
6.2.1. To cancel a subscription, Users must access their Account settings on the Platform and follow the cancellation procedure provided therein, or send a written notice of cancellation to the Company’s designated support email address.
6.2.2. Detailed step-by-step instructions for completing the cancellation process are available within the Account management section of the Platform.
6.2.3. Users who encounter technical difficulties or issues completing the online cancellation process should contact the Company’s customer support team for assistance.
6.3. Effective Date of Cancellation.
6.3.1. Cancellations shall take effect at the end of the User’s then-current billing cycle, meaning that the User will continue to have full access to the Services until the last day of the period for which payment has already been made.
6.3.2. No prorated refunds shall be issued for the remaining portion of any partially used billing cycle following submission of a cancellation request. Users are encouraged to utilize their access fully until the effective date of cancellation.
6.3.3. Upon the effective date of cancellation, the User’s subscription will not renew, no further payments will be processed, and access to the Services will be terminated.
6.4. Effect of Cancellation on Data.
6.4.1. Upon cancellation and termination of access, the User’s data, including Account information, saved reports, Dashboard configurations, API connections, and historical data, may be deleted or rendered inaccessible in accordance with the Company’s data retention policy as described in Section 9 (Data Privacy, Security & Protection) of these Terms.
6.4.2. Users are strongly advised to download, export, or otherwise preserve any data, reports, or information they wish to retain prior to the effective date of cancellation, as the Company shall have no obligation to maintain or provide access to such data following termination.
6.4.3. The Company shall not be liable for any loss of data or inability to access data resulting from cancellation of a subscription.
6.5. Re-subscription Following Cancellation. Users who have cancelled their subscription may re-subscribe to the Services at any time by selecting a new Subscription Plan through the Platform’s subscription process. Re-subscription shall be treated as a new subscription, and previously negotiated rates, promotional pricing, or custom configurations may no longer be available. Additionally, data and configurations from the prior subscription may not be recoverable if they were deleted in accordance with the Company’s data retention policy.
6.6. No Cancellation Fees. The Company does not charge any cancellation fees, early termination fees, or penalties for Users who cancel their subscriptions in accordance with this Section 6 (Cancellation & Subscription Termination), except that Users shall remain responsible for all Fees accrued through the effective date of cancellation.
7. INTELLECTUAL PROPERTY RIGHTS.
7.1. Ownership of Platform & Content.
7.1.1. All right, title, and interest in and to the Services, including the Platform, Website, Dashboard, Chatbot, APIs, software, code, algorithms, machine learning models, databases, content, text, graphics, logos, icons, images, audio, video, digital downloads, data compilations, interfaces, and all other materials and intellectual property contained therein or made available through the Services (collectively, the “Company Materials”) are and shall remain the exclusive property of the Company, its affiliates, or its licensors.
7.1.2. The Company Materials are protected by copyright, trademark, patent, trade secret, database rights, sui generis rights, and other intellectual property laws and treaties in Singapore, India, the United States, the European Union, and other jurisdictions worldwide.
7.1.3. Nothing in these Terms shall be construed to transfer any ownership rights in the Company Materials to any User. All rights not expressly granted herein are reserved by the Company.
7.2. Limited License to Users. Subject to the User’s compliance with these Terms, the Company grants to the User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for the User’s internal business purposes during the term of the User’s active subscription. This license does not include any right to:
7.2.1. Reproduce, duplicate, copy, or republish any portion of the Services or Company Materials;
7.2.2. Sell, resell, rent, lease, sublicense, or otherwise commercially exploit the Services or make them available to any third party;
7.2.3. Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services or any component thereof;
7.2.4. Remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices contained in or displayed through the Services;
7.2.5. Use any automated system, including robots, spiders, scrapers, or offline readers, to access the Services in a manner that sends more requests to the Company’s servers than a human could reasonably produce in the same period using a standard web browser;
7.2.6. Interfere with or disrupt the integrity or performance of the Services or the data contained therein;
7.2.7. Attempt to gain unauthorized access to the Services or related systems or networks;
7.2.8. Frame or mirror any portion of the Services without the Company’s prior written authorization; or
7.2.9. Use the Services for any unlawful purpose or in violation of these Terms.
7.3. Trademarks & Service Marks. “Thirdi”, “third i,” the Thirdi logo, and all related names, logos, product and service names, designs, taglines, and slogans are trademarks, service marks, or trade dress of the Company or its affiliates or licensors (collectively, the “Marks”). The Marks may not be used without the prior written permission of the Company, except as necessary to accurately describe or identify the Company’s products and services in a manner that is not likely to cause confusion. All other names, logos, product and service names, designs, and slogans mentioned or displayed on the Platform are the trademarks of their respective owners. Use of any Marks or third-party trademarks without authorization is strictly prohibited and may constitute trademark infringement under applicable law.
7.4. User Content License Grant.
7.4.1. By submitting, uploading, posting, transmitting, or otherwise making available any User Content through the Services, including but not limited to feedback, suggestions, ideas, comments, questions, data, or other materials, the User grants to the Company a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content in any media or format, whether now known or hereafter developed, for the purposes of operating, providing, improving, and promoting the Services.
7.4.2. The User further grants the Company the right to sublicense these rights to third-party service providers, partners, and contractors who assist in providing or improving the Services, and the right to bring an action for infringement of the rights granted herein.
7.4.3. The User represents and warrants that: (a) the User owns or has obtained all necessary rights, licenses, consents, and permissions to grant the license set forth in this Section 7.4 (User Content License Grant); (b) the User Content does not and will not infringe, violate, or misappropriate any third party’s Intellectual Property Rights or other proprietary rights; and (c) the User Content complies with all applicable laws and regulations.
7.4.4. (d) The Company shall have no obligation to monitor, edit, or control User Content and assumes no responsibility or liability for any User Content. However, the Company reserves the right to review, edit, refuse to post, or remove any User Content that violates these Terms or is otherwise objectionable, in the Company’s sole discretion.
7.5. Third-Party Content & Open Source Software.
7.5.1. The Services may incorporate or provide access to third-party content, data, information, applications, or services, including Third-Party Models, LLM providers, and data from Advertising Platforms. Such third-party content is the property of the respective third parties and is protected by applicable Intellectual Property Rights. The Company does not claim ownership of any third-party content.
7.5.2. The Services may incorporate certain open-source software components. To the extent required by the licenses covering such open-source components, the terms of such licenses shall apply to those components in lieu of the terms of this Agreement. The Company will provide information regarding open-source components upon request.
7.6. Copyright Infringement Claims & DMCA Compliance.
7.6.1. The Company respects the Intellectual Property Rights of others and expects Users to do the same. It is the Company’s policy to respond expeditiously to clear notices of alleged copyright infringement that comply with applicable intellectual property laws.
7.6.2. If you believe that any content available on or through the Services infringes upon any copyright you own or control, you may submit a written notification to the Company’s designated Copyright Agent containing the following information:
a. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the allegedly infringing material is located on the Services (providing URLs or other identifying information);
d. Your contact information, including your address, telephone number, and email address;
e. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
7.6.3. The Company’s designated Copyright Agent for notice of alleged copyright infringement can be reached at: legal@thirdi.ai
7.6.4. Upon receipt of a valid notice of alleged copyright infringement, the Company may remove or disable access to the allegedly infringing content and may terminate the Accounts of Users who repeatedly infringe copyrights.
7.6.5. Please be advised that under applicable law, you may be held liable for damages, including costs and attorneys’ fees, if you materially misrepresent that material is infringing your copyright. If you are unsure whether content available through the Services infringes your copyright, you should consult with legal counsel before submitting a notice.
7.7. Feedback & Suggestions. The Company welcomes feedback, suggestions, ideas, and comments from Users regarding the Services. Any such feedback or suggestions provided by Users shall be deemed non-confidential and non-proprietary, and the Company shall be free to use, disclose, reproduce, license, and otherwise exploit such feedback without any obligation or compensation to the User. Users acknowledge and agree that the Company has no obligation to implement any feedback or suggestions and that any implementation decision rests solely with the Company.
8. USER CONDUCT & PROHIBITED ACTIVITIES.
8.1. Acceptable Use. Users agree to use the Services in a lawful, ethical, and responsible manner and in compliance with all applicable laws, regulations, these Terms, and any additional guidelines or policies posted on the Platform. Users shall use the Services solely for legitimate business purposes related to advertising analytics, campaign management, and marketing optimization.
8.2. Prohibited Activities. Users expressly agree not to engage in any of the following prohibited activities:
8.2.1. Unauthorized Access & Security Violations.
a. Attempting to gain unauthorized access to the Services, other Users’ Accounts, computer systems, or networks connected to the Services through hacking, password mining, brute force attacks, or any other means;
b. Probing, scanning, or testing the vulnerability of the Services or any related system or network, or breaching security or authentication measures;
c. Attempting to interfere with, disrupt, or disable the Services or servers or networks connected to the Services through the distribution of viruses, worms, trojans, corrupted files, denial-of-service attacks, or similar malicious code or activities.
8.2.2. Improper Use of Technology.
a. Using any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tool to access, copy, monitor, or download content from the Services;
b. Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying algorithms of any software used to provide the Services;
c. Modifying, adapting, translating, or creating derivative works based on the Services or any component thereof;
d. Framing, mirroring, or embedding any portion of the Services on any other website or platform without prior written authorization.
8.2.3. Misuse of Services & Content.
a. Using the Services to store, host, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. Using the Services to infringe, violate, or misappropriate the Intellectual Property Rights, privacy rights, publicity rights, or other proprietary rights of any third party;
c. Using the Services to transmit or distribute unsolicited advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of unsolicited communication;
d. Using the Services to collect, harvest, or compile information or data about other Users without their consent.
8.2.4. Fraudulent & Deceptive Conduct.
a. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity, affiliation with any person or entity, or the source of any content or communications;
b. Forging headers or otherwise manipulating identifiers to disguise the origin of any content transmitted through the Services;
c. Engaging in any fraudulent activities, including phishing schemes, financial fraud, credit card fraud, or identity theft;
d. Creating multiple Accounts for fraudulent purposes, to circumvent usage restrictions, or to abuse promotional offers;
e. Providing false, inaccurate, or misleading information during registration or in any communications with the Company.
8.2.5. Abuse of Platform Features.
a. Intentionally submitting false or misleading data to the Services with the intent to corrupt, manipulate, or distort analytics or reporting;
b. Using the Chatbot or AI features in a manner designed to overwhelm, exploit, or abuse the system, including submitting excessive queries or attempting to extract proprietary algorithms or models;
c. Attempting to access features, data, or areas of the Platform that are not intended for the User’s subscription level or that the User is not authorized to access.
8.2.6. Competitive & Commercial Misuse.
a. Using the Services to develop, support, or provide competing products or services;
b. Benchmarking the Services against competing products without prior written authorization;
c. Reselling, sublicensing, or otherwise commercially exploiting access to the Services or making the Services available to third parties on a service bureau or time-sharing basis without express written permission.
8.2.7. Legal & Regulatory Violations.
a. Using the Services in any manner that violates any applicable local, state, national, or international law, statute, ordinance, rule, or regulation;
b. Using the Services to violate any trade sanctions, export controls, or anti-money laundering regulations;
c. Using the Services in connection with any illegal, fraudulent, or harmful activity.
8.3. Reporting Violations. Users who become aware of any misuse of the Services, violation of these Terms, or suspected illegal activity by any person should immediately report such conduct to the Company by contacting the Grievance Officer through the designated email address provided on the Platform. The Company reserves the right to investigate all reported violations and take appropriate action, including, but not limited to, issuing warnings, suspending or terminating Accounts, removing content, and reporting illegal activities to the appropriate law enforcement authorities.
8.4. Consequences of Violation.
8.4.1. Violation of any provision of this Section 8 (User Conduct & Prohibited Activities) may result in immediate suspension or termination of the User’s Account and access to the Services, with or without notice, at the sole discretion of the Company.
8.4.2. The Company reserves the right to pursue all available legal and equitable remedies against Users who violate these Terms, including but not limited to injunctive relief, recovery of damages, costs, and attorneys’ fees.
8.4.3. Users who engage in prohibited activities may be permanently banned from accessing or using the Services and may be reported to appropriate governmental or regulatory authorities.
8.4.4. Termination of access for violation of these Terms shall not limit the Company’s right to pursue any other remedies available at law or in equity.
9. DATA PRIVACY, SECURITY & PROTECTION.
9.1. Privacy Policy Governs. The collection, use, storage, disclosure, retention, deletion, and protection of User personal information and data is governed by the Company’s Privacy Policy, which is incorporated into these Terms by reference and forms an integral part of the Agreement. The Privacy Policy is available at https://www.thirdi.ai/privacy-policy and should be read in conjunction with these Terms.
9.2. Compliance with Data Protection Laws. The Company processes User data in accordance with all applicable Data Protection Laws in the jurisdictions where the Services are offered. Users acknowledge and agree that by using the Services, they consent to the collection, processing, and use of their data as described in the Privacy Policy.
9.3. No PII Collection from Advertising Platforms. The Services are expressly designed not to collect, access, store, or process any PII or individual-level user data from connected Advertising Platforms. All data extracted from Advertising Platforms through API integrations is exclusively Aggregated Data that cannot be used to identify any individual person.
9.4. Data Retention Period. User data, including Account information and Aggregated Campaign Data, is retained for a minimum period of 6 (Six) months from the date of collection or last active use, whichever is later. Data retention practices and deletion procedures are detailed in the Privacy Policy.
9.5. User Rights & Requests. Users may exercise their rights regarding their personal data, including rights of access, rectification, erasure, restriction, portability, and objection, as provided under applicable Data Protection Laws and as described in the Privacy Policy. All data-related requests should be directed to the Grievance Officer using the contact information provided in Section 19 (Grievance Redressal Mechanism) of these Terms.
9.6. Cross-Border Transfers. The Services may involve the transfer of User data across international borders. All such transfers are conducted in compliance with applicable Data Protection Laws and utilizing appropriate safeguards as detailed in the Privacy Policy.
10. THIRD-PARTY INTEGRATIONS, SERVICES & CONTENT.
10.1. Third-Party Advertising Platforms. The Services are designed to integrate with third-party Advertising Platforms, including but not limited to Google Ads, Meta Ads (Facebook and Instagram), TikTok Ads, and other advertising networks, through secure API connections. These integrations enable the Services to extract Aggregated Campaign Data for display, analysis, and reporting within the Platform.
10.1.1. No Control Over Third-Party Platforms. The Company does not own, operate, or control the Advertising Platforms. The User’s use of such platforms is governed solely by the terms and conditions, privacy policies, and other agreements between the User and the respective Advertising Platform provider. The Company is not responsible for the availability, functionality, security, privacy practices, content, or performance of any Advertising Platform.
10.1.2. Platform-Specific Authorization. To enable API integrations, Users must authorize the Services to access their advertising account data on each Advertising Platform. This authorization process is conducted through OAuth or similar secure authentication mechanisms provided by the Advertising Platforms themselves. By granting such authorization, Users confirm that they have the necessary rights and permissions to connect their advertising accounts to the Services.
10.1.3. Changes & Discontinuation. Advertising Platforms may, at any time and without notice to the Company, modify their APIs, change their terms of service, implement rate limits or usage restrictions, or discontinue API access entirely. Such changes may affect the functionality, availability, or performance of the Services’ integrations. The Company shall not be liable for any disruption, limitation, or unavailability of Services resulting from actions taken by third-party Advertising Platform providers.
10.2. Third-Party AI Models & Analytics. The Platform utilizes Third-Party Models, including LLMs, machine learning algorithms, and analytical engines developed and maintained by external AI providers. These Third-Party Models are integrated into the Services to enable advanced analytics, predictive insights, natural language processing, and AI-driven recommendations.
10.2.1. Licensing & Availability. The Company’s ability to provide certain AI-powered features depends on the continued availability of licenses and access to Third-Party Models. The providers of such models may, at their discretion, modify the terms of use, implement usage restrictions, change pricing, or discontinue access to their models. If access to a Third-Party Model becomes unavailable or commercially impracticable, the Company may substitute an alternative model or temporarily suspend related features until a suitable replacement is secured.
10.2.2. Accuracy & Reliability. Third-Party Models are complex systems that may produce outputs containing errors, inaccuracies, biases, or hallucinations (generation of false or nonsensical information). The Company does not warrant the accuracy, reliability, completeness, or fitness for a particular purpose of any insights, recommendations, or content generated by Third-Party Models. Users should independently verify all AI-generated outputs before relying on them for business decisions.
10.2.3. No Endorsement. The Company’s use of Third-Party Models does not constitute an endorsement of the model providers or their other products and services.
10.3. Payment Service Providers. All payment processing for the Services is handled by third-party Payment Service Providers, including Stripe, Razorpay, and other authorized payment gateways. The processing, storage, and security of payment information is governed by the terms of service and privacy policies of the respective Payment Service Provider, not by these Terms.
10.3.1. Payment Provider Terms. Users acknowledge and agree that their use of Payment Service Providers is subject to the terms and conditions, privacy policies, and data processing agreements of such providers. Users should review such terms before providing payment information.
10.3.2. Payment Disputes. Any disputes regarding payment processing, including but not limited to unauthorized charges, processing errors, or refund requests, should be directed initially to the applicable Payment Service Provider in accordance with their dispute resolution procedures. The Company will cooperate with Users and Payment Service Providers to resolve payment disputes to the extent reasonably practicable.
10.3.3. Payment Security Compliance. The Company does not store or have access to full payment card details. All payment processing is conducted in compliance with PCI-DSS by certified Payment Service Providers.
10.4. Third-Party Links & Content. The Platform may contain links to third-party websites, services, applications, or resources that are not owned, operated, or controlled by the Company. Such links are provided for informational or convenience purposes only.
10.4.1. No Responsibility for Third-Party Content. The Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, practices, or opinions expressed on or through any third-party websites, services, or resources. The Company does not endorse any third-party websites, services, products, or content accessible through links on the Platform.
10.4.2. User Responsibility. Users access third-party websites, services, and resources at their own risk. Users are responsible for reviewing the terms and conditions, privacy policies, and other governing documents of any third-party websites or services before engaging in any transaction, providing any information, or relying on any content.
10.4.3. No Liability. The Company shall not be responsible or liable, directly or indirectly, for any damage, loss, cost, expense, or liability caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, services, or information available on or through any third-party websites or resources.
10.5. User Indemnification for Third-Party Interactions. Users agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to the User’s use of third-party services, websites, Advertising Platforms, Payment Service Providers, or other third-party resources accessed through or in connection with the Services.
10.6. Reporting Problematic Third-Party Links. If a User encounters a link on the Platform that appears to be broken, leads to inappropriate or harmful content, or otherwise raises concerns, the User is encouraged to report such a link to the Company’s customer support team so that appropriate action, including removal of the link, can be considered.
11. SERVICES MANAGEMENT, MODIFICATIONS & AVAILABILITY.
11.1. Right to Modify, Suspend, or Discontinue Services. The Company reserves the right, at any time and from time to time, with or without notice, to (a) modify, update, enhance, or alter any aspect of the Services, including but not limited to features, functionality, user interface design, technical specifications, integrations, or operational procedures; (b) temporarily suspend access to all or any portion of the Services for maintenance, upgrades, testing, security purposes, or to address technical issues; (c) permanently discontinue all or any portion of the Services, any specific feature, any integration with third-party platforms, or access to any database or content; (d) impose limits on certain features, usage metrics, API call volumes, data storage, or user access without notice or liability; and (e) change the technical infrastructure, software architecture, or operational environment of the Services. The Company shall not be liable to any User or third party for any modification, suspension, discontinuation, or limitation of the Services, provided that the Company shall make commercially reasonable efforts to minimize disruption to Users.
11.2. Scheduled Maintenance & Updates.
11.2.1. To ensure optimal performance, security, and functionality, the Company may perform routine maintenance, software updates, and system upgrades on the Platform. Where reasonably practicable, the Company shall provide advance notice to Users of scheduled maintenance that is expected to result in significant service unavailability, typically through email notification or notice posted on the Platform.
11.2.2. The Company will make reasonable efforts to schedule maintenance during periods of typically low usage and to minimize the duration of any service interruption.
11.2.3. In cases of emergency maintenance required to address critical security vulnerabilities, system failures, or other urgent issues, the Company may perform unscheduled maintenance without advance notice.
11.3. Service Availability & Uptime. While the Company strives to provide continuous, uninterrupted access to the Services, the Company does not guarantee that the Services will be available at all times or that access will be uninterrupted, timely, secure, or error-free. Service availability may be affected by various factors, including but not limited to (a) scheduled and unscheduled maintenance; (b) technical issues, software bugs, or system failures; (c) failures or limitations of third-party services, including Advertising Platform APIs, Payment Service Providers, Third-Party Models, or internet service providers; (d) Force Majeure Events; (e) cyberattacks, denial-of-service attacks, or other malicious activities targeting the Services or related infrastructure; and (f) actions taken to protect the security, integrity, or stability of the Services.
11.4. User Feedback & Suggestions. The Company welcomes feedback and suggestions from Users regarding the Services. By submitting feedback, Users grant the Company a non-exclusive, perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation. The Company has no obligation to implement any feedback or suggestions
11.5. No Liability for Service Changes. The Company shall not be liable for any modification, suspension, or discontinuation of the Services or any part thereof. Users acknowledge that such actions may occur without prior notice and agree that the Company will not be liable for any consequences resulting from such changes.
12. WARRANTIES & DISCLAIMERS.
12.1. “As Is” & “As Available” Basis. The Services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, the Company disclaims all warranties, express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, quiet enjoyment, and any warranties arising from course of dealing or usage of trade.
12.2. No Warranty of Accuracy or Results.
12.2.1. The Company does not warrant that the Services will meet the User’s requirements or expectations, or that the Services will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components.
12.2.2. The Company does not warrant the accuracy, completeness, reliability, or quality of any content, data, information, insights, recommendations, or reports generated through the Services.
12.2.3. The Company does not guarantee any specific results, outcomes, return on investment, or business success from the use of the Services.
12.2.4. Any AI-generated content, recommendations, insights, or predictions are provided for informational purposes only and should not be relied upon as the sole basis for business decisions. Users are solely responsible for independently verifying all information and exercising their own judgment.
12.3. Third-Party Services Disclaimer. The Company makes no representations or warranties regarding the availability, functionality, accuracy, or reliability of any third-party services, including Advertising Platforms, Payment Service Providers, Third-Party Models, or any other external services integrated with or accessible through the Platform. The Company shall not be responsible for any issues, errors, failures, or disruptions caused by third-party services.
12.4. No Professional Advice. The Services are not intended to provide, and do not constitute, legal, financial, investment, tax, accounting, or other professional advice. Users should consult with qualified professionals for advice specific to their circumstances.
12.5. User Responsibility. Users acknowledge and agree that they use the Services at their own risk and that they are solely responsible for (a) all decisions made based on information, insights, or recommendations provided by the Services; (b) compliance with all applicable laws and regulations in connection with their use of the Services; (c) the security and confidentiality of their Account credentials; (d) all activities conducted through their Account; and (e) backup and preservation of any data they wish to retain.
13. LIMITATION OF LIABILITY.
13.1. Exclusion of Consequential Damages. To the fullest extent permitted by applicable law, in no event shall the Company, its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, partners, suppliers, licensors, or service providers (collectively, the “Company Parties”) be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to:
13.1.1. Loss of profits, revenue, business, or anticipated savings;
13.1.2. Loss of data, goodwill, or reputation;
13.1.3. Cost of procurement of substitute goods or services;
13.1.4. Business interruption or downtime;
13.1.5. Loss of use or lost opportunities;
13.1.6. Any other intangible losses;
Arising out of or relating to:
a. The User’s access to, use of, or inability to access or use the Services;
b. Any conduct or content of any third party on or through the Services, including Third-Party Models, Advertising Platforms, or Payment Service Providers;
c. Any content obtained from the Services;
d. Unauthorized access to, use of, or alteration of the User’s transmissions, content, or data;
Whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not the company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
13.2. Cap on Aggregate Liability. To the fullest extent permitted by applicable law, the total aggregate liability of the Company Parties for all claims arising out of or relating to these Terms or the Services, whether in contract, tort, or otherwise, shall not exceed the greater of (a) the total amount paid by the User to the Company for the Services during the 12 (Twelve) months immediately preceding the event giving rise to the liability; or (b) USD 100/- (US Dollars One Hundred only).
13.3. Limitations on Liability for Free Trials. For Users accessing the Services during a free trial period or who have not paid any Fees to the Company, the Company’s aggregate liability shall be limited to USD 0/- (USD Dollars Zero only).
13.4. Essential Basis of the Bargain. The limitations of liability outlined in this Section 13 (Limitation of Liability) reflect the allocation of risk between the parties. The limitations apply even if any limited remedy fails of its essential purpose. These limitations form the essential basis of the agreement between the User and the Company, and the Fees charged reflect these limitations.
13.5. Exceptions to Limitations. Nothing in these Terms shall limit or exclude the Company’s liability for: (a) death or personal injury caused by the Company’s gross negligence or wilful misconduct; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be limited or excluded by applicable law; or (d) any other liability expressly excluded from limitation under Applicable Consumer Protection Laws.
13.6. Jurisdictional Variations. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the exclusions and limitations in this Section 13 (Limitation of Liability) shall apply only to the maximum extent permitted by applicable law.
14. INDEMNIFICATION.
14.1. User’s Indemnification Obligation. To the fullest extent permitted by applicable law, the User agrees to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees, expert fees, and court costs) arising out of or relating to (a) the User’s access to or use of the Services; (b) the User’s violation of these Terms or any applicable law, regulation, or third-party right; (c) the User’s violation of any Intellectual Property Rights or other proprietary rights of any third party; (d) any User Content submitted, posted, or transmitted through the Services; (e) any breach of the User’s representations, warranties, or obligations under these Terms; (f) any negligent or wrongful conduct by the User; (g) the User’s use of or reliance on third-party services, including Advertising Platforms, Payment Service Providers, or other third-party resources accessed through the Services; or (h) any claim brought by any third party arising out of the User’s use of the Services.
14.2. Defence & Settlement.
14.2.1. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User shall cooperate fully with the Company in asserting any available defences.
14.2.2. The User shall not settle any claim subject to indemnification without the Company’s prior written consent, which shall not be unreasonably withheld.
14.2.3. The User’s indemnification obligations shall survive termination or expiration of these Terms.
14.3. Notice & Cooperation. The Company shall provide the User with prompt written notice of any claim for which indemnification is sought, provided that failure to provide such notice shall not relieve the User of its indemnification obligations except to the extent the User is materially prejudiced thereby. The User shall cooperate fully with the Company in the defence of any claim.
15. TERM & TERMINATION.
15.1. Term of Agreement. These Terms commence on the date the User first accesses or uses the Services and shall remain in effect until terminated by either party in accordance with this Section 15 (Term & Termination).
15.2. Termination by User. Users may terminate these Terms and cancel their subscription at any time by following the cancellation procedures set forth in Section 6 (Cancellation & Subscription Termination) of these Terms. Termination by the User shall be effective at the end of the then-current billing cycle.
15.3. Termination by Company. The Company reserves the right to suspend or terminate the User’s access to the Services immediately, with or without notice, for any reason or no reason, including but not limited to (a) breach of any provision of these Terms; (b) engaging in conduct that is harmful to the Company, other Users, or third parties; (c) non-payment of Fees owed for the Services; (d) fraudulent, abusive, or illegal activity; (e) violation of applicable laws or regulations; (f) upon request by law enforcement or other governmental authorities; (g) where continuation of the Services would violate applicable law; (h) technical or security issues requiring immediate action; or (i) discontinuation of the Services to all users.
15.4. Effect of Termination. Upon termination or expiration of these Terms for any reason, (a) all rights granted to the User under these Terms shall immediately cease; (b) the User must immediately discontinue all use of the Services; (c) the User’s access to the Platform and all data associated with the User’s Account may be disabled or deleted; (d) all outstanding Fees and charges shall become immediately due and payable; (e) the User shall return or destroy all Company Materials in the User’s possession or control; and (f) Sections that by their nature should survive termination shall survive, including but not limited to Section 1 (Preliminary Provisions), Section 5 (Subscription Plans, Fees & Payment Terms), Section 6 (Cancellation & Subscription Termination), Section 7 (Intellectual Property Rights), Section 8 (User Conduct & Prohibited Activities), Section 9 (Data Privacy, Security & Protection), Section 10 (Third-Party Integrations, Services & Content), Section 12 (Warranties & Disclaimers), Section 13 (Limitation of Liability), Section 14 (Indemnification), Section 15 (Term & Termination), Section 16 (Dispute Resolution & Arbitration), Section 18 (Governing Law & Jurisdiction), Section 19 (Grievance Redressal Mechanism), Section 22 (Correction & Inaccuracies), Section 23 (Severability & Waiver), and Section 24 (Miscellaneous Provisions).
15.5. Data Access Post-Termination. Following termination, the Company may, but is not obligated to, retain the User’s data for the period specified in the Privacy Policy. Users who wish to preserve their data should export or download it prior to termination. The Company shall not be liable for any loss of data following termination.
15.6. No Refunds Upon Termination. Except as expressly provided in Section 5.12 (Refund Policy) or as required by Applicable Consumer Protection Laws, the Company shall not be obligated to provide any refunds or credits for any prepaid Fees upon termination of these Terms, regardless of whether termination is initiated by the User or the Company.
15.7. Reinstatement. If the User’s Account is terminated by the Company for reasons other than breach of these Terms or illegal conduct, the User may request reinstatement by contacting the Company’s support team. Reinstatement is at the Company’s sole discretion and may be subject to conditions.
16. DISPUTE RESOLUTION & ARBITRATION.
16.1. Informal Resolution. Before initiating any formal dispute resolution process, the User agrees to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) informally by contacting the Company’s Grievance Officer or customer support team. The Company will work in good faith to resolve the Dispute within 30 (Thirty) days of receiving notice.
16.2. Binding Arbitration Agreement. If a Dispute cannot be resolved informally within 30 (Thirty) days, the User and the Company agree that any Dispute shall be resolved exclusively through binding arbitration, except as provided in Section 16.5 (Exceptions to Arbitration) below. By agreeing to arbitration, the User waives the right to have Disputes decided by a judge or jury and waives the right to participate in a class action lawsuit or class-wide arbitration.
16.3. Arbitration Procedure.
16.3.1. Arbitration Rules. All arbitrations shall be conducted in accordance with the rules of the Singapore International Arbitration Centre (“SIAC”), as amended from time to time, which rules are deemed to be incorporated by reference into this Section. The arbitration shall be conducted in the English language.
16.3.2. Seat of Arbitration. The seat of arbitration shall be Singapore, unless the parties mutually agree to an alternative location.
16.3.3. Number of Arbitrators. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator within 30 (Thirty) days, the arbitrator shall be appointed in accordance with the SIAC rules.
16.3.4. Arbitrator’s Authority. The arbitrator shall have the authority to grant any remedy or relief that would be available in a court of law, including injunctive relief, but shall not have the authority to award punitive damages or any other damages excluded or limited by these Terms.
16.3.5. Arbitration Costs. Each party shall bear its own costs and expenses associated with the arbitration process, including attorneys’ fees, except that the arbitrator may award costs and fees to the prevailing party if permitted by applicable law.
16.3.6. Confidentiality. The arbitration proceedings, including any awards, shall be kept confidential by the parties, except as may be required by law or to enforce the arbitration award.
16.4. Arbitration Award. The arbitrator’s award shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction. The parties agree to waive any right to appeal the arbitrator’s award, to the extent permitted by law.
16.5. Exceptions to Arbitration. Notwithstanding the foregoing, either party may (a) seek injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights; (b) bring an individual action in small claims court if the Dispute qualifies; or (c) seek relief from a competent court or authority for matters that cannot lawfully be arbitrated under applicable law.
16.6. Class Action Waiver. The User and the Company agree that any Dispute shall be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding. The User and the Company expressly waive any ability to maintain a class action in any forum. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, class, or collective proceeding.
16.7. Limitation on Time to File Claims. Any claim arising out of or relating to these Terms or the Services must be filed within 1 (One) year after such claim arose; otherwise, the claim is permanently barred and time-barred.
16.8. Severability of Arbitration Provisions. If any portion of this Section 16 (Dispute Resolution & Arbitration) is found to be unenforceable or unlawful for any reason, the remainder of this Section and the remainder of these Terms shall remain in full force and effect. If the class action waiver is found to be unenforceable, the entirety of this arbitration provision shall be null and void, and any Dispute shall be resolved in a court of competent jurisdiction.
17. COMPLIANCE WITH CONSUMER PROTECTION LAWS.
The Company is committed to complying with all Applicable Consumer Protection Laws in the jurisdictions where the Services are offered. These Terms are designed to comply with the requirements of such laws, including, without limitation, regulations governing electronic commerce entities, marketplace platforms, unfair trade practices, consumer rights, and grievance redressal mechanisms. Nothing in these Terms shall limit or exclude any statutory rights that Users possess under Applicable Consumer Protection Laws that cannot be lawfully waived or excluded by contract. To the extent that any provision of these Terms conflicts with mandatory statutory rights under such laws, the statutory rights shall prevail.
18. GOVERNING LAW & JURISDICTION.
18.1. Governing Law. These Terms and any Disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law principles.
18.2. Submission to Jurisdiction. Subject to the arbitration provisions in Section 16 (Dispute Resolution & Arbitration), to the extent that litigation is permitted or required, the User and the Company submit to the exclusive jurisdiction of the courts of Singapore for the resolution of any Disputes.
18.3. Jurisdictional Variations. Notwithstanding the foregoing, where Users are located in jurisdictions with mandatory consumer protection laws that require application of local law or jurisdiction, such mandatory provisions shall apply to the extent required by law and shall not be overridden by these Terms.
19. GRIEVANCE REDRESSAL MECHANISM.
19.1. Appointment of Grievance Officer. In accordance with Applicable Consumer Protection Laws and applicable data protection regulations, the Company has appointed a Grievance Officer to receive, acknowledge, and address complaints, grievances, and concerns from Users.
19.2. Contact Details of Grievance Officer. The Grievance Officer may be contacted at:
Attention: Grievance Department
Designation: Grievance Officer
Email: grievances@thirdi.ai
Address: 68, Circular Road, #02-01, Singapore 049422
19.3. Grievance Process.
19.3.1. Submission of Complaint. Users may submit complaints, grievances, or concerns by emailing the Grievance Officer at the designated email address. Although the Company does not currently operate a formal ticketing system, all complaints submitted via email will be logged and tracked internally.
19.3.2. Information to Include. Users should include the following information in their complaint:
a. Full name and contact information (email address and phone number);
b. Account username or registered email address;
c. Detailed description of the complaint or issue;
d. Relevant dates, transaction IDs, or reference numbers;
e. Any supporting documentation, screenshots, or evidence; and
f. Desired resolution or remedy sought.
19.3.3. Acknowledgment. The Grievance Officer shall acknowledge receipt of the complaint within 48 (Forty-Eight) hours of receipt, providing a reference number for tracking purposes.
19.3.4. Investigation & Resolution. The Company shall investigate the complaint and endeavour to resolve it within 1 (One) month from the date of receipt. If additional time is required due to complexity or the need for further information, the User shall be notified of the delay and provided with an updated timeline.
19.3.5. Communication. The Grievance Officer shall communicate the resolution, explanation, or action taken in response to the complaint via email to the User’s registered email address.
19.4. Escalation. If the User is not satisfied with the resolution provided by the Grievance Officer, the User may escalate the matter in accordance with the dispute resolution procedures set forth in Section 16 (Dispute Resolution & Arbitration) of these Terms or may pursue remedies available under Applicable Consumer Protection Laws.
19.5. No Retaliation. The Company shall not retaliate against any User for submitting a complaint or grievance in good faith. Users shall not face suspension, termination, or adverse treatment solely because they have exercised their right to raise a concern.
20. FORCE MAJEURE.
20.1. Scope. Neither party shall be held liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent that such failure or delay is caused by a Force Majeure Event.
20.2. Notification. The party affected by a Force Majeure Event shall promptly notify the other party in writing of the occurrence of such event, the expected duration of the delay, and the steps being taken to mitigate the impact.
20.3. Mitigation. The affected party shall use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and to resume performance as soon as reasonably practicable.
21. MODIFICATIONS TO THESE TERMS.
21.1. Right to Modify. The Company reserves the right to modify, amend, update, or replace these Terms at any time, in its sole discretion, to reflect changes in the Services, legal requirements, business practices, or for any other reason.
21.2. Notification of Changes.
21.2.1. Material changes to these Terms will be communicated to Users through one or more of the following methods:
a. Email notification to the User’s registered email address;
b. Prominent notice displayed on the Platform or Dashboard; or
c. In-app notification upon login to the User’s Account.
21.2.2. The Company will provide at least 15 (Fifteen) days’ prior notice of material changes that adversely affect Users’ rights or obligations, except where changes are required by law or are necessary to address security vulnerabilities, in which case changes may be effective immediately.
21.3. Effective Date. The modified Terms shall become effective on the date specified in the notice, or if no date is specified, on the date the modified Terms are posted on the Platform. The “Last Updated” date at the beginning of these Terms will be updated to reflect the effective date of the most recent version.
21.4. Acceptance of the Modified Terms.
21.4.1. Continued use of the Services following the effective date of modified Terms constitutes the User’s acceptance of the modified Terms.
21.4.2. If a User does not agree to the modified Terms, the User must discontinue use of the Services and may cancel their subscription in accordance with Section 6 (Cancellation & Subscription Termination) of these Terms prior to the effective date of the modification.
21.5. User Responsibility to Review. Users are responsible for regularly reviewing these Terms to stay informed of any changes. The Company recommends that Users periodically check the “Last Updated” date at the beginning of these Terms.
22. CORRECTIONS & INACCURACIES.
22.1. Right to Correct. The Company strives to provide accurate and up-to-date information on the Platform, including service descriptions, pricing, features, and other content. However, errors, inaccuracies, omissions, or typographical mistakes may occur from time to time.
22.2. Correction Without Notice. The Company reserves the right to correct any errors, inaccuracies, or omissions in the content, information, pricing, or service descriptions on the Platform at any time, with or without prior notice. Such corrections may be made retroactively if necessary.
22.3. No Obligation to Update. The Company is under no obligation to update, amend, or clarify information on the Platform, except as required by law. No specified update or refresh date applied to the Platform should be taken to indicate that all information has been modified or updated.
22.4. Price Errors. In the event of a pricing error on the Platform (such as an incorrect Subscription Fee or Add-On charge), the Company reserves the right to refuse or cancel any orders or subscriptions placed at the erroneous price. If a User has already been charged at an incorrect price, the Company will either refund the difference or invoice for any shortfall, as applicable.
23. SEVERABILITY & WAIVER.
23.1. Severability. If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the intent of the parties. If such modification is not possible, the invalid provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.
23.2. No Waiver. The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver by the Company of any breach of these Terms by the User shall be deemed a waiver of any subsequent breach of the same or any other provision. Any waiver must be in writing and signed by an authorized representative of the Company to be effective.
23.3. Cumulative Remedies. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law or equity.
24. MISCELLANEOUS PROVISIONS.
24.1. Entire Agreement. These Terms, together with the Privacy Policy and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between the User and the Company concerning the Services and supersede all prior or contemporaneous agreements, understandings, negotiations, representations, and warranties, whether written or oral, regarding the subject matter hereof.
24.2. Assignment.
24.2.1. The User may not assign, transfer, delegate, or sublicense any of the User’s rights or obligations under these Terms without the Company’s prior written consent. Any attempted assignment in violation of this provision shall be null and void.
24.2.2. The Company may freely assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, without notice to or consent from the User, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
24.2.3. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
24.3. No Third-Party Beneficiaries. These Terms are for the sole benefit of the User and the Company and are not intended to confer any rights or remedies upon any third party, except as expressly provided herein (e.g., indemnified parties).
24.4. Relationship of Parties. The relationship between the User and the Company is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or franchise relationship between the parties. Neither party has any authority to bind the other or to incur any obligation on behalf of the other.
24.5. Notices.
24.5.1. To Users. All notices, communications, and disclosures from the Company to Users shall be provided by email to the User’s registered email address, through in-app notifications, or by posting on the Platform. Notices shall be deemed delivered when sent by email or when posted on the Platform.
24.5.2. To Company. Subject to Section 19 (Grievance Redressal Mechanism), all notices, communications, or legal correspondence from Users to the Company shall be sent in writing to:
Thirdi Pte. Ltd.
Attention: Legal Department
Address: 68 Circular Road, #02-01, Singapore 049422
Email: legal@thirdi.ai
24.5.3. Notices to the Company shall be deemed delivered when actually received by the Company.
24.6. Language. These Terms are drafted in the English language. In the event that these Terms are translated into any other language, the English version shall prevail in case of any conflict or inconsistency.
24.7. Headings. The section and subsection headings in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms.
24.8. Electronic Signatures & Records. The User consents to the use of electronic signatures, contracts, orders, and records, as well as to the electronic delivery of notices, policies, and transaction records initiated or completed through the Services. The User waives any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature, delivery, or retention of non-electronic records, to the extent permitted by applicable law.
ACKNOWLEDGMENT
BY ACCESSING, BROWSING, REGISTERING FOR, OR USING THE SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE COMPANY’S PRIVACY POLICY AND CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR INFORMATION AS DESCRIBED THEREIN.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
