Last updated: August 17, 2026
The parties
These terms are an agreement between Thinking Streams Inc., a Delaware corporation ("Thinking Streams", "we", "us"), and the company or individual using Thoughtfuly ("Customer", "you"). By creating an account or otherwise using Thoughtfuly, you agree to these terms on behalf of your organization.
Public Preview — no SLA
Thoughtfuly is currently in Public Preview. That means the product is functional and supported, but still actively changing, and we don't yet offer a service-level agreement or uptime guarantee. Features can change, and the service can have downtime, without the commitments a generally-available product would carry. We'll call this out again if and when that changes.
Your account and acceptable use
You're responsible for the accuracy of the information you give us and for what happens under your account, including anyone you let use it. Keep your credentials secure and tell us promptly if you think they've been compromised.
You agree not to use Thoughtfuly to send unlawful, deceptive, or abusive communications (including in violation of applicable anti-spam or telemarketing law), to attempt to bypass its security, to reverse-engineer it, or to use it in a way that disrupts the service for other customers.
Your data
You own the data you put into Thoughtfuly — your contacts, campaign content, and everything else. We process it as described in our Privacy Policy and, for data inside the platform, strictly on your instructions, as a processor. Thoughtfuly syncs two-way with your CRM — Microsoft Dynamics 365 is currently the CRM integration available; your CRM remains the system of record, and we don't claim any ownership interest in it by connecting to it.
Customers who need a Data Processing Agreement covering platform data can request one using the contact details at the bottom of this page.
AI-generated output
Some of what Thoughtfuly produces — drafts, campaign copy, and similar — is generated with the help of AI models. You own and may use that output for any lawful business purpose.
We don't promise that copyright subsists in AI-generated output. Purely AI-generated content may not be eligible for copyright protection at all — the U.S. Copyright Office, for one, requires human authorship for a work to be copyrightable — so we can't assign you rights that may not exist to assign. What we do give you is the practical right to use, edit, and exploit the output.
Two further things to keep in mind about that output. It may not be unique. The same underlying AI models can generate the same or similar output for you and for another Thoughtfuly customer — for a marketing product, that means two customers may end up with near-identical drafts or campaign copy from a similar prompt. It may not be accurate. AI-generated output may not be accurate or reliable, and you should independently review it before using or sharing it, the same way you'd review any first draft.
Our intellectual property
Thoughtfuly itself — the software, the platform, our trademarks, and everything we built — is and stays ours. These terms don't transfer any ownership of it to you; you get a right to use it for as long as your account is active, under these terms.
Fees and billing
Pricing and billing terms during Public Preview are as set out in your order form or the pricing page at the time you sign up. Because the product is in Public Preview, pricing may change as we move toward general availability; we'll give you notice before any change takes effect for your account.
Confidentiality
Each of us may see the other's confidential information while using or operating Thoughtfuly. Both sides agree to protect the other's confidential information with reasonable care, and to use it only to perform under these terms — not for any other purpose.
Warranties and disclaimers
We'll provide Thoughtfuly with reasonable skill and care. Beyond that, and especially given its Public Preview status, Thoughtfuly is provided "as is," without warranties of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement, except as required by applicable law.
Limitation of liability
Excluded damages. To the maximum extent permitted by applicable law, neither party will be liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data, arising out of or relating to these terms or the use of Thoughtfuly.
Aggregate cap. To the maximum extent permitted by applicable law, each party's total aggregate liability arising out of or relating to these terms will not exceed the greater of (a) the fees you paid or owed us for Thoughtfuly in the twelve months before the event giving rise to the claim, or (b) US$100.
What the cap doesn't cover. Neither the exclusion nor the cap above applies to: either party's indemnification obligations under these terms; your obligation to pay fees that are due; either party's breach of its confidentiality obligations; or a party's fraud, gross negligence, or willful misconduct. Nothing in these terms limits liability that cannot be limited under applicable law.
Indemnity
We will defend you. If a third party claims that Thoughtfuly, as we provide it to you, infringes their valid patent, or their registered trademark or registered copyright, we'll indemnify you against that claim, subject to the process and the exclusions below.
This indemnity doesn't cover a claim to the extent it arises from: Thoughtfuly being combined with a product or service we didn't supply, modifications to Thoughtfuly made by anyone other than us, your use of Thoughtfuly in breach of these terms, or functionality that isn't unique to Thoughtfuly.
You will defend us. You'll indemnify us against third-party claims arising from: your, or your authorized users', unauthorized or unlawful use of Thoughtfuly; your breach of these terms; a third-party product or service you connect to Thoughtfuly; or use of your account by someone using your credentials.
Process, both directions. The party seeking indemnification will give the other written notice within 30 days of learning of the claim. The indemnifying party has sole control of the defense and of any settlement, and the other party will reasonably cooperate, at the indemnifying party's expense. The indemnifying party won't enter into a settlement that imposes obligations on, or requires an admission from, the other party without that party's written consent.
If we owe you indemnification for an infringement claim, we may, at our option: modify Thoughtfuly so it's no longer infringing, obtain a license that lets you keep using it as before, or terminate your access to the affected part of Thoughtfuly and refund any prepaid, unused fees for it.
Indemnification obligations sit outside the liability cap set out above.
Term and termination
These terms apply for as long as you have an active account. Either of us can terminate if the other materially breaches these terms and doesn't fix it within a reasonable period after notice. On termination, we'll make your data available for export for a reasonable period, and will then delete it in line with the retention periods in our Privacy Policy, unless we're required to keep it longer (for example, billing records, or a legal hold).
Changes to the service and these terms
Because Thoughtfuly is in Public Preview, the service will keep changing — features can be added, changed, or removed. We'll give you reasonable notice of material changes to these terms themselves, and continued use of Thoughtfuly after a change takes effect means you accept it.
Governing law and venue
These terms are governed by 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 will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and each party consents to the personal jurisdiction of those courts.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms.
Contact us
Questions about these terms, or a request for a Data Processing Agreement, can be sent to legal@thoughtfuly.ai.