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Terms of Service

Effective Date: May 1, 2026

This document sets out the Terms of Service governing your use of ThinkingMach (the open-source software) and the services operated by ThinkingMach, Inc.("ThinkingMach, Inc.," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these terms.

1. Definitions

  • "ThinkingMach" refers to the open-source orchestration software available under the MIT License at github.com/thinkingmach/paperclip.
  • "ThinkingMach, Inc." refers to ThinkingMach, Inc., the corporate entity that develops and operates commercial services built on or around the ThinkingMach project.
  • "Services" refers to any hosted platform, API, telemetry backend, documentation site, website, or other service operated by ThinkingMach, Inc.
  • "User," "you," or "your" refers to any individual or entity accessing or using the Services or ThinkingMach software.
  • "Content" refers to any data, code, text, logs, telemetry, configuration, or other material transmitted to, processed by, or generated through the Services.

2. Acceptance of Terms

By accessing or using any of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

If you do not agree to these terms, you must discontinue use of the Services immediately. Your continued use of any Service constitutes ongoing acceptance of these terms as they may be amended from time to time.

3. Open-Source Software

The ThinkingMach open-source project is licensed under the MIT License. Nothing in these Terms of Service restricts, modifies, or supersedes the rights granted under that license with respect to the open-source codebase itself.

However, the Services operated by ThinkingMach, Inc. — including hosted infrastructure, APIs, telemetry collection, and proprietary features — are separate from the open-source project and are governed exclusively by these Terms of Service.

4. Use of Services

You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations. You shall not:

  • Use the Services to engage in any activity that is illegal, harmful, or fraudulent;
  • Attempt to gain unauthorized access to any part of the Services, other accounts, or systems;
  • Interfere with or disrupt the integrity, security, or performance of the Services;
  • Reverse-engineer, decompile, or disassemble any proprietary component of the Services (this does not apply to the open-source project);
  • Use the Services to transmit viruses, malware, or other harmful code;
  • Resell, redistribute, or sublicense access to the Services without prior written authorization from ThinkingMach, Inc.

5. Accounts and Access

Certain Services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us promptly of any unauthorized use of your account.

ThinkingMach, Inc. reserves the right to suspend or terminate accounts that violate these terms or that pose a security risk to the Services or other users.

6. Content and Intellectual Property

You retain ownership of any Content you submit to the Services. By submitting Content, you grant ThinkingMach, Inc. a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, distribute, display, and create derivative works from such Content for the purposes of operating, improving, and developing the Services and related products.

This license survives termination of your use of the Services for Content already processed or incorporated into aggregated or anonymized datasets.

ThinkingMach, Inc. retains all rights, title, and interest in and to the Services, including all proprietary technology, algorithms, models, improvements, aggregated insights, and derivative works developed using data collected through the Services.

7. Telemetry and Data Collection

The Services collect telemetry data to improve performance, reliability, and functionality. Telemetry may include:

  • Anonymized telemetry: Usage patterns, performance metrics, error rates, and system health data that is collected automatically and does not identify individual users.
  • Detailed telemetry (opt-in): Where users explicitly consent, the Services may collect additional data including full stack traces, agent run logs, configuration details, and operational metadata.

By enabling detailed telemetry, you grant ThinkingMach, Inc. the right to collect, store, process, analyze, and use such data for any purpose related to the operation, improvement, development, and commercialization of the Services and related products, including the training and improvement of machine learning models and algorithms.

ThinkingMach, Inc. may retain telemetry data for as long as reasonably necessary to fulfill the purposes described herein, subject to applicable legal requirements.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ThinkingMach, INC. SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ThinkingMach, INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU USE THE SERVICES AT YOUR OWN RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ThinkingMach, INC. OR THROUGH THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ThinkingMach, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

IN NO EVENT SHALL ThinkingMach, INC.\x27S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO ThinkingMach, INC. IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

10. Indemnification

You agree to indemnify, defend, and hold harmless ThinkingMach, Inc. and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys\x27 fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these terms; (c) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; or (d) any Content you submit to the Services.

11. Modifications to Terms

ThinkingMach, Inc. reserves the right to modify these Terms of Service at any time. Changes will be effective upon posting to this page with an updated effective date. Your continued use of the Services after any modification constitutes acceptance of the revised terms.

For material changes, we will make reasonable efforts to provide notice through the Services or via other communication channels. It is your responsibility to review these terms periodically.

12. Termination

You may stop using the Services at any time. ThinkingMach, Inc. may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice.

Upon termination, your right to use the Services ceases immediately. Sections that by their nature should survive termination shall survive, including but not limited to Sections 6, 7, 8, 9, 10, and 14.

13. Governing Law and Dispute Resolution

These terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles.

Any dispute arising out of or relating to these terms or the Services shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association, with the arbitration conducted in English. The prevailing party shall be entitled to recover reasonable attorneys\x27 fees and costs.

You agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action.

14. General Provisions

  • Entire Agreement: These terms constitute the entire agreement between you and ThinkingMach, Inc. regarding the Services and supersede all prior agreements and understandings.
  • Severability: If any provision of these terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
  • Waiver: The failure of ThinkingMach, Inc. to enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
  • Assignment: ThinkingMach, Inc. may assign these terms or any rights hereunder without restriction. You may not assign these terms without our prior written consent.
  • Force Majeure: ThinkingMach, Inc. shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control.

Contact

If you have questions about these Terms of Service, please contact us:

ThinkingMach, Inc.
Email: legal@thinkingmach.com
GitHub: github.com/thinkingmach/paperclip